This section clarifies that nothing in Chapter 5100 (Pennsylvania's mental health procedures chapter) overrides mandatory reporting requirements for suspected child or patient abuse. When a conflict arises between the confidentiality of mental health records and the reporting requirements of the Child Protective Services Act, the reporting requirements take precedence. Facility operators must ensure their confidentiality policies do not impede legally required abuse reporting.
View official source55 Pa. Code § 5100.38 - Child or patient abuse State Regulations Compare Nothing in this chapter shall conflict with the mandatory statutory or regulatory requirements of reporting suspected or discovered child abuse or patient abuse. Whenever a conflict exists between the reporting requirements of the Child Protective Services Act ( 11 P.S. §§ 2201 - 2224 ), and the confidentiality of mental health records, the reporting requirements shall govern. Notes 55 Pa. Code § 5100.38 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 § 5100.32 (relating to nonconsensual release of information); 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). State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare. No prior version found. State Regulations Toolbox