PCB CRS- EXAM
12 Core Competency Areas (SAMHSA) - Category 1: Engages peers in collaborative and caring
relationships
Category 2: Provides support
Category 3: Shares lived experiences of recovery
Category 4: Personalizes peer support
Category 5: Supports recovery planning
Category 6: Links to resources, services, and supports
Category 7: Provides information on skills related to health, wellness, and recovery
Category 8: Helps peers to manage crises
Category 9: Values communication
Category 10: Supports collaboration and teamwork
Category 11: Promotes leadership and advocacy
Category 12: Promotes growth and development
❈ Disclosure - Communication of records containing "patient-identifying information" >
Disclosure Example: even if person receiving the information already has it ("I dropped off my wife
earlier today. Is she finished with treatment today?")
❈ 28 Pa Code §709.28 (State Confidentiality Regulation) - • Licensing Code relating to two main
issues:
- Confidentially of client identify and records
- Staff access to client records
❈ 4 Pa Code §255.5 - (State Regulation -Management Information, Research, & Evaluation)
• State regulations which are more strict that the Federal Regulations are followed
• These regulations protect the client
• Restrictions and The Big 5
,• Documentation for everything that is released.
❈ 42 CFR II (Federal Regulations) - Implement 42 U.S.C. 290dd-2 & Outline limited circumstances
where info about treatment may be disclosed w/out person's consent.
• The federal regulation at 42 CFR Part 2 pertains to any program that involves substance abuse
education, treatment, or prevention and is regulated or assisted by the federal government.
> Purpose: these regulations impose restrictions upon the disclosure and use of alcohol and drug abuse
patient records which are maintained in connection with the performance of any federally assisted
alcohol or drug abuse program
> Effect: these regulations prohibit the disclosure and use of patient records unless certain circumstances
exist.
> Scope of the Law: Restricts the disclosure and use of "patient identifying: information about individuals
receiving, having received, or having applied to receive substance abuse treatment.
❈ 42 Pa Code §6352.1 (Act 126) - • Allows for the release of drug and alcohol treatment and
other records regarding a child who is alleged to be or adjudicated dependent or delinquent, or the
child's parents, to an extent not permitted in other proceedings or anywhere else in Pennsylvania.
• Still obtain releases!
❈ 42 U.S.C. 290dd-2 (Federal Law) - Governs Confidentiality in Substance Abuse Field
• Programs may not disclose any information identifying a patient as an alcohol or drug abuser unless:
- The patient consents in writing,
- The disclosure is allowed by a court order, or
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for
research, audit, or program evaluation
❈ 55 Pa Code §5100.37 - (State MH Regs.)
• Whenever information in a patient's records relates to drug or alcohol abuse or dependency, 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 (Act 63) and the regulations promulgated
thereunder, 4 Pa Code §255.5
"Federally assisted" - 1. Allowed tax deductions for contributions by the IRS
2. Authorized to conduct business by the federal government, including programs:
, >> Certified as a Medicare provider
>> Authorized to conduct methadone maintenance treatment
>> Registered with the DEA
❈ 71 P.S. §1690.108 (Act 63) - State law relating to the Confidentiality of Records of Substance
Abuse Treatment Services
• State's Enabling Legislation
• Minors in PA can receive treatment without parental consent
- Differs that MH regulations
- Minors control release of information
❈ Authorized personnel: - The power to determine, adjudicate, or settle disputes, jurisdiction, the
right to control, command, or determine.
- A power or right delegated or given, authorization
- A person or group w/ authority as a government agency
- Usually authorities, w/ legal power to make/enforce laws
- An accepted source of information, advice, etc.
❈ Confidentiality: - Ensures that information is only accessible to those w/ authorized access.
- Linked w/ ethical communication principle that's "privileged" & not shared w/ 3rd parties.
- The responsibility for limiting disclosure of private matters.
❈ Minimum amount of information: - Information needed to carry out purpose of the disclosure
❈ Patient - Anyone who now or ever received - or even applied for - services from a Part 2
alcohol/drug program.
- Example: John made appointment but didn't show up. He's a "patient."
12 Core Competency Areas (SAMHSA) - Category 1: Engages peers in collaborative and caring
relationships
Category 2: Provides support
Category 3: Shares lived experiences of recovery
Category 4: Personalizes peer support
Category 5: Supports recovery planning
Category 6: Links to resources, services, and supports
Category 7: Provides information on skills related to health, wellness, and recovery
Category 8: Helps peers to manage crises
Category 9: Values communication
Category 10: Supports collaboration and teamwork
Category 11: Promotes leadership and advocacy
Category 12: Promotes growth and development
❈ Disclosure - Communication of records containing "patient-identifying information" >
Disclosure Example: even if person receiving the information already has it ("I dropped off my wife
earlier today. Is she finished with treatment today?")
❈ 28 Pa Code §709.28 (State Confidentiality Regulation) - • Licensing Code relating to two main
issues:
- Confidentially of client identify and records
- Staff access to client records
❈ 4 Pa Code §255.5 - (State Regulation -Management Information, Research, & Evaluation)
• State regulations which are more strict that the Federal Regulations are followed
• These regulations protect the client
• Restrictions and The Big 5
,• Documentation for everything that is released.
❈ 42 CFR II (Federal Regulations) - Implement 42 U.S.C. 290dd-2 & Outline limited circumstances
where info about treatment may be disclosed w/out person's consent.
• The federal regulation at 42 CFR Part 2 pertains to any program that involves substance abuse
education, treatment, or prevention and is regulated or assisted by the federal government.
> Purpose: these regulations impose restrictions upon the disclosure and use of alcohol and drug abuse
patient records which are maintained in connection with the performance of any federally assisted
alcohol or drug abuse program
> Effect: these regulations prohibit the disclosure and use of patient records unless certain circumstances
exist.
> Scope of the Law: Restricts the disclosure and use of "patient identifying: information about individuals
receiving, having received, or having applied to receive substance abuse treatment.
❈ 42 Pa Code §6352.1 (Act 126) - • Allows for the release of drug and alcohol treatment and
other records regarding a child who is alleged to be or adjudicated dependent or delinquent, or the
child's parents, to an extent not permitted in other proceedings or anywhere else in Pennsylvania.
• Still obtain releases!
❈ 42 U.S.C. 290dd-2 (Federal Law) - Governs Confidentiality in Substance Abuse Field
• Programs may not disclose any information identifying a patient as an alcohol or drug abuser unless:
- The patient consents in writing,
- The disclosure is allowed by a court order, or
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for
research, audit, or program evaluation
❈ 55 Pa Code §5100.37 - (State MH Regs.)
• Whenever information in a patient's records relates to drug or alcohol abuse or dependency, 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 (Act 63) and the regulations promulgated
thereunder, 4 Pa Code §255.5
"Federally assisted" - 1. Allowed tax deductions for contributions by the IRS
2. Authorized to conduct business by the federal government, including programs:
, >> Certified as a Medicare provider
>> Authorized to conduct methadone maintenance treatment
>> Registered with the DEA
❈ 71 P.S. §1690.108 (Act 63) - State law relating to the Confidentiality of Records of Substance
Abuse Treatment Services
• State's Enabling Legislation
• Minors in PA can receive treatment without parental consent
- Differs that MH regulations
- Minors control release of information
❈ Authorized personnel: - The power to determine, adjudicate, or settle disputes, jurisdiction, the
right to control, command, or determine.
- A power or right delegated or given, authorization
- A person or group w/ authority as a government agency
- Usually authorities, w/ legal power to make/enforce laws
- An accepted source of information, advice, etc.
❈ Confidentiality: - Ensures that information is only accessible to those w/ authorized access.
- Linked w/ ethical communication principle that's "privileged" & not shared w/ 3rd parties.
- The responsibility for limiting disclosure of private matters.
❈ Minimum amount of information: - Information needed to carry out purpose of the disclosure
❈ Patient - Anyone who now or ever received - or even applied for - services from a Part 2
alcohol/drug program.
- Example: John made appointment but didn't show up. He's a "patient."
