​Confidentiality Webinar Series

DDAP is pleased to present the Confidentiality Webinar Series developed for the Substance Use Disorder Field.  The series addresses ACT 33, common regulatory citations, and frequently asked questions.  

The webinar series is a supplement to the Substance Use Disorder Confidentiality Training located at:  https://tms.ddap.pa.gov/ and is not intended to take the place of the online module.

Webinar Recordings - Confidentiality Series Part 1 - Consents - YouTubeOpens In A New Window

Confidentiality Series Part 2 - YouTubeOpens In A New Window

Information Bulletin - IB 02-22.pdf (pa.gov)

Licensing Alert - Alert 2022-03.pdf (pa.gov)

FAQ - Confidentiality Q & A 

SUD Confidentiality Webinar - Part 1 - Consents Slides  

Part 2 - Confidentiality Slides

SUD Confidentiality

7.25.2022 Update*

On July 7, 2022 Act 33 of 2022 was signed, which amends Act 63 of 1972 as it pertains to confidentiality of substance use disorder patient records. Act 33 incorporates federal confidential protections under the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2. Act 33, which took effect immediately, prohibits the Department of Drug and Alcohol Programs (DDAP) from promulgating or enforcing a regulation that restricts any disclosure of records or information that is permitted by Act 33. DDAP is currently reviewing Act 33 to determine next steps as a regulatory agency and will be providing additional information and details via the stakeholder listserv and on this page in the near future.

Stakeholder Assessment of Pennsylvania’s SUD Confidentiality Laws and Regulations

In 2020, the Department of Drug and Alcohol Programs (DDAP) surveyed stakeholders about Pennsylvania’s current confidentiality laws and regulations.  The agency completed this assessment to hear what partners think about requirements that control the sharing of information about people in substance use disorder (SUD) treatment programs or information about SUD in a person's health record.

This report summarizes the over 1,200 survey responses and provides recommendations for addressing challenges with Pennsylvania’s current SUD confidentiality landscape.

Full Summary Report: Stakeholder Assessment of Pennsylvania’s Substance Use Disorder Confidentiality Policies

Appendices: The appendices include:

1. Comparison of Pennsylvania and Federal SUD Confidentiality
2. SUD Confidentiality Survey Tool
3. Summary Tables of Free Text Reply Themes

It is important to DDAP that future actions to improve confidentiality laws and regulations must:

• Protect the privacy of people living with SUD, and
• Improve the quality of services to help people with SUD.

Resources to understand SUD confidentiality in Pennsylvania

What are Pennsylvania's confidentiality requirements?

Read an overview manual of the state and federal laws and regulations developed by DDAP. You can also find each of them online:

• The Pennsylvania Drug and Alcohol Abuse and Control Act, also known as Act 1972-63, is the statute that governs the confidentiality of client records prepared or obtained under the Act.  It applies to records of SUD treatment prepared or obtained by any SUD or medical provider.  See 71 P.S. § 1690.108.
• 4 Pa. Code § 255.5 is a regulation that limits the information and recipients of disclosure of client information by SUD projects and coordinating bodies.
• 28 Pa Code § 709.28 is a regulation that applies confidentiality standards to treatment activities that are licensed under DDAP.
• Compliance with Section 255.5 is also written into regulations of mental health and psychiatric treatment providers.  See, e.g., 55 Pa. Code § 5100.37.