42 CFR PART 2 - Subparts A-E

4900 42 CFR PART 2 COMBO

   

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COMBO ----------  PARTS A-E

SUBPART A - Purpose

  • Pursuant to 42 U.S.C. 290dd–2(g), the regulations in this part impose restrictions upon the disclosure and use of substance use disorder patient records which are maintained in connection with the performance of any part 2 program. 
  • Criminal penalty for violation.
  • Reports of violations.

 

SUBPART B - Definitions

  • Applicability
  • Restrictions on disclosure
  • Restriction on use
  • Federal assistance
  • Qualified service organizations

 

SUBPART C - Disclosures with Patient Consent

Required elements for written consent. Written consent to disclosure under the regulations in this part may be paper or electronic and must include:

(1) The name of the patient. (2) The specific name(s) or general designation(s) of the part 2 program(s), entity(ies), or individual(s) permitted to make the disclosure. (3) How much and what kind of information is to be disclosed, including an explicit description of the substance use disorder information that may be disclosed. (4) (i) The name(s) of the individual(s) to whom disclosure is to be made.

 

SUBPART D - Disclosures Without Patient Consent

  • Medical emergencies
  • Research
  • Audit and evaluation

 

SUBPART E - Legal effect of an order.

  • Order not applicable to records disclosed without consent to researchers, auditors, and evaluators.
  • Confidential communications.
  • Procedures and criteria for orders authorizing disclosures for noncriminal purposes.
  • Procedures and criteria for orders authorizing disclosure and use of records to criminally investigate or prosecute patients.
  • Procedures and criteria for orders authorizing disclosure and use of records to investigate or prosecute a Part 2 program or the person holding the records.
  • Orders authorizing the use of undercover agents and informants to investigate employees or agents of a part 2 program in connection with a criminal matter.

 

CFR 42 can be purchased as a group of Parts A through E or individually. See pages below.

  1. Subparts A & B
  2. Subparts C & D
  3. Subpart E
  4. COMBO Subparts A-E