42 CFR Part 2

Privacy protections ensure that patients receiving SUD treatment are not made more vulnerable to negative outcomes than had they not sought treatment. These protections are particularly important in jails and prisons. This resource is meant to assist with determining whether Part 2 applies to the provision of medication for opioid use disorder (MOUD) in jails and prisons.

Substance use disorder (SUD) treatment providers frequently receive court orders and other requests for patient information covered by the federal confidentiality protections for SUD treatment (42 CFR Part 2). A general court order, subpoena, warrant, or official request for records, however, does not permit the disclosure of Part 2 records. Federal law generally prohibits the use of treatment records to a criminally investigate or prosecute a patient absent a special court order finding that the alleged crime is “extremely serious,” among other factors. These requirements are essential so that people feel safe seeking SUD treatment.

First responders often gain access to sensitive information about people’s substance use disorders (SUD) and treatment. Protecting the privacy of this information is key to these individuals’ recovery. It also is required by law. This resource explains the limited circumstances under which two federal privacy laws apply to SUD information obtained by first responders. It also describes how these laws permit first responders to share protected information.

eLearning Module from the CoE-PHI designed to help substance use disorder (SUD) treatment providers and other providers determine whether records related to their Screening, Brief Intervention and Referral to Treatment (SBIRT) services are protected by the federal confidentiality law and regulations for SUD treatment records, 42 USC § 290dd-2 and 42 CFR Part 2.

This module focuses on privacy protections under 42 CFR Part 2 (Part 2) and how to share protected health information (PHI) in compliance with Part 2. It is designed to help professionals who provide or administer Substance Use Disorder (SUD) services understand how PHI can be shared within one’s own organization, and when communicating with clients and individuals outside their organizations.

Resource created by the CoE-PHI to assist SUD treatment providers in determining whether they have received a Part 2 compliant court order.