Regulation detail

Pa. Code 5100.37

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Pa. Code 5100.37 active

Records relating to drug and alcohol abuse or dependence

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
OUTPATIENT (60%) PSYCH_FACILITY (60%)
Plain-English summary

This section requires that any portion of a patient's record relating to drug or alcohol abuse or dependence be protected under the confidentiality provisions of the Pennsylvania Drug and Alcohol Abuse Control Act and its implementing regulations. Facility operators must ensure these specific record portions are handled separately and in compliance with the stricter confidentiality standards applicable to substance use information. The rule applies within the broader Chapter 5100 framework governing mental health treatment facilities and procedures administered by OMHSAS and DDAP.

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Regulation text
55 Pa. Code § 5100.37 - Records relating to drug and alcohol abuse or dependence 

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Whenever information in a patient's records relates to
 drug or alcohol abuse or dependency, as defined in
 
71
 P.S. §
 
1690.102
, those specific portions of
 the patient's records are subject to the confidentiality provisions of section
 8(c) of the Pennsylvania Drug and Alcohol Abuse Control Act (
71 P.S. §
 
1690.108(c)
), and the
 regulations promulgated thereunder, 4 Pa. Code §
255.5
 (relating to projects and
 coordinating bodies: disclosure of client-oriented
 information).

Notes

55

 Pa. Code §
 
5100.37

This section cited in 55 Pa. Code §
 
3800.20
 (relating to
 confidentiality of records); 55 Pa. Code §
 
5100.4
 (relating to scope); 55 Pa.
 Code §
 
5200.47
 (relating to other
 applicable regulations); 55 Pa. Code §
 
5210.26
 (relating to records); 55
 Pa. Code §
 
5210.56
 (relating to other
 applicable regulations); 55 Pa. Code §
 
5221.52
 (relating to notice of
 confidentiality and nondiscrimination); 55 Pa. Code §
 
5230.17
 (relating to
 confidentiality); and 55 Pa. Code §
 
5320.26
 (relating to
 confidentiality).

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