Law enforcement

warrants
Mental health and substance use disorder treatment providers may be asked to share patient information with law enforcement and courts, which raises important questions about patient privacy and confidentiality. The resources in this section are meant to clarify how providers can respond to federal, state, and local law enforcement inquiries without violating federal privacy laws.

Law enforcement resources

guard and prisoner in jail cell

Privacy Considerations for Medication Assisted Treatment in Jails and Prisons

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.
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scale on desk

Criminal Court Orders Authorizing Disclosure of SUD Treatment Record Protected by 42 CFR Part 2

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.
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first responders helping patient

Navigating Confidentiality in First Responder Deflection

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.
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