top of page

42 CFR Part 2: Court Order Requirements to Disclose SUD Treatment Records

The Center of Excellence for Protected Health Information (CoE-PHI) has published a resource on court order requirements under 42 CFR Part 2 for disclosing SUD treatment records in a criminal case. To help clarify the new court order requirements, the resource contains sample provisions for a criminal court order authorizing disclosure of a patient’s Part 2 records. The main requirements are:

1. “A general court order, subpoena, warrant, or official request for records, does not permit the disclosure of Part 2 records.

2. The use of Part 2 protected SUD treatment records to criminally investigate or prosecute a patient, requires a special court order finding that, among other factors, the alleged crime is “extremely serious.”

3. If a court issues a court order authorizing the disclosure of Part 2 protected records in a criminal case, it must impose limitations on the amount of information disclosed and who may receive the information.”

49 views0 comments

Recent Posts

See All

DOJ Submits Proposed Regulation to Reschedule Marijuana

DOJ [5/16] - The Justice Department (DOJ) has submitted to the Federal Register a notice of proposed rulemaking initiating a formal rulemaking process to consider moving marijuana from a schedule I to

Comments


bottom of page