1Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
2act relating to mental health procedures; providing for the
3treatment and rights of mentally disabled persons, for
4voluntary and involuntary examination and treatment and for
5determinations affecting those charged with crime or under
6sentence," further providing for confidentiality of records.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1.  Section 111 of the act of July 9, 1976 (P.L.817,
10No.143), known as the Mental Health Procedures Act, amended July
112, 1996 (P.L.481, No.77), is amended to read:

12Section 111.  Confidentiality of Records.--(a)  All documents
13concerning persons in treatment shall be kept confidential and,
14without the person's written consent, may not be released or
15their contents disclosed to anyone except:

16(1)  those engaged in providing treatment for the person;

17(2)  the county administrator, pursuant to section 110;

18(3)  a court in the course of legal proceedings authorized by
19this act; and

20(4)  pursuant to Federal rules, statutes and regulations

1governing disclosure of patient information where treatment is
2undertaken in a Federal agency.

3In no event, however, shall privileged communications, whether 
4written or oral, be disclosed to anyone without such written 
5consent. This shall not restrict the collection and analysis of 
6clinical or statistical data by the department, the county 
7administrator or the facility so long as the use and 
8dissemination of such data does not identify individual 
9patients. Nothing herein shall be construed to conflict with 
10section 8 of the act of April 14, 1972 (P.L.221, No.63), known 
11as the "Pennsylvania Drug and Alcohol Abuse Control Act."

12(b)  This section shall not restrict [judges] any of the 
13following:

14(1)  Judges of the courts of common pleas, mental health 
15review officers and county mental health and mental retardation 
16administrators from disclosing information to the Pennsylvania 
17State Police [or the].

18(2)  The Pennsylvania State Police from disclosing 
19information to any of the following:

20(i)  A person, in accordance with the provisions of 18 
21Pa.C.S. § 6105(c)(4) (relating to persons not to possess, use, 
22manufacture, control, sell or transfer firearms).

23(ii)  The Federal Bureau of Investigation for use in the
24National Instant Criminal Background Check System Index
25established under the Brady Handgun Violence Prevention Act
26(Public Law 103-159, 18 U.S.C. § 921 et seq.).

27Section 2.  This act shall take effect in 60 days.