Regulation detail

Pa. Code 5100.39

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Pa. Code 5100.39 active

Release of records

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

This section governs the release of otherwise confidential mental health records to investigating bodies, permitting disclosure only upon order of a Commonwealth Court judge under 42 Pa.C.S. §§ 8721–8725. It is a records-confidentiality provision within Pennsylvania's mental health procedures chapter (Title 55, Chapter 5100), which covers treatment facilities subject to OMHSAS oversight. Facility operators must ensure that confidential client records are not released to investigating bodies without the required court order.

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Regulation text
55 Pa. Code § 5100.39 - Release of records 

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Under
 
42 Pa.C.S. §§
 
8721
-
8725
 (relating to
 availability of otherwise confidential information), records which are
 otherwise confidential may be made available to certain investigating bodies
 upon order of a judge of the Commonwealth Court.

Notes

55

 Pa. Code §
 
5100.39

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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