Section 501.62. Health record transfer, retention and confidentiality

(a) In the event a referral or transfer to another level of care provider is needed during pregnancy, delivery or post-delivery period, the patient’s record, or a complete copy of the record, shall accompany the mother or newborn infant at the time of transfer.

(b) The birth center shall comply with the act of April 29, 1925 (P. L. 358, No. 209) (35 P. S. § § 351 and 352), regarding footprinting and infant identification.

(c) Health records shall be retained by the birth center for the mother and newborn infant, as recommended by the Department for outpatient facilities, as follows:

(1) The mother’s entire record shall be retained for 7 years after discharge and date of last entry.

(2) The newborn infant’s entire record shall be retained for 7 years after the child reaches 18 years of age.

(3) Health records shall be stored to provide protection from loss, damage, or unauthorized access.

(4) A written authorization for release of health record information, outside the birth center, shall be signed by the mother, prior to the release of health record information.

(5) In the event of a request for newborn infant health record information, authorization shall be signed by the legal parent or guardian except that, if the newborn infant has reached 18 years of age, or is otherwise legally emancipated, the written authorization shall be granted by the person.

(d) In the case of newborn adoptions, medical history information shall be delivered by the attending physician, or other designated person, to the intermediary, who shall deliver the information to the adopting parents or their physician. In cases where there is no intermediary, medical history information shall be delivered directly to the adopting parents or their physician.

(e) In cases of newborn adoption, medical history information shall be edited before a copy is transferred so as to remove contents which would identify the adoptee’s natural family.