Regulation detail

Pa. Code 5310.142

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Pa. Code 5310.142 active

Confidentiality

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
MH_RESIDENTIAL (100%)
Plain-English summary

This section establishes confidentiality requirements for client records in community residential rehabilitation services (CRRS) for children. Disclosure of records requires written consent from the child's parent or legal custodian, and from the child if age 14 or older. Consent forms must include specific elements such as the nature of the request, recipient identity, type of information, signatures, and an expiration date, with copies provided to the parent/custodian and placed in the case record.

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Regulation text
55 Pa. Code § 5310.142 - Confidentiality 

 State Regulations 

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(a)
 All client
 records and information are confidential and may not be disclosed directly or
 indirectly without the written consent of the child's parent or the agency
 having custody of the child, if applicable, and the child if the child is 14
 years of age or older.

(b)

 Exceptions stated in §
 
5310.52
(a)(1)-(6)
 
 apply to client records and information in
 community residential rehabilitation service (CRRS) for children.

(c)
 Written consent is required by the
 child's parent or the agency having custody of the child, if applicable, and
 the child if the child is 14 years of age or older to disclose information from
 the child's record and must include: 
(1)
 Date
 and nature of request for information.

(2)
 Name of the person, agency or
 organization to whom disclosure is made.

(3)
 Type of information disclosed.

(4)
 Dated signature of the child's parent, or
 the agency having legal custody of the child and the child if the child is 14
 years of age or older.

(5)
 Dated
 signature of a witness.

(6)

 Expiration date of consent form.

(7)
 Statement of the rights of the parent or
 agency having custody of the child and the child to revoke the consent each has
 given.

(d)
 A copy of each
 disclosure consent form must be given to the parent or agency having legal
 custody and the child if the child is 14 years of age or older. A copy must
 also be placed in the child's case record.

(e)
 Subsections (a) and (b) supersede §
 
5310.51
(a) 

 (relating to confidentiality); subsection (c) supersedes §
 
5310.52
(e)
; and
 subsection (d) supersedes §
 
5310.52
(f)
.

Notes

55

 Pa. Code §
 
5310.142

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