[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR2.19]



[Page 16-17]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 2_CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS--Table 

of Contents

 

                      Subpart B_General Provisions

 

Sec. 2.19  Disposition of records by discontinued programs.



    (a) General. If a program discontinues operations or is taken over 

or acquired by another program, it must purge patient identifying 

information from its records or destroy the records unless--

    (1) The patient who is the subject of the records gives written 

consent (meeting the requirements of Sec. 2.31) to a transfer of the 

records to the acquiring program or to any other program designated in 

the consent (the manner of obtaining this consent must minimize the 

likelihood of a disclosure of patient identifying information to a third 

party); or

    (2) There is a legal requirement that the records be kept for a 

period specified by law which does not expire until after the 

discontinuation or acquisition of the program.

    (b) Procedure where retention period required by law. If paragraph 

(a)(2) of this section applies, the records must be:

    (1) Sealed in envelopes or other containers labeled as follows: 

``Records of [insert name of program] required to be maintained under 

[insert citation to statute, regulation, court order or other legal 

authority requiring that records be kept] until a date not later than 

[insert appropriate date]''; and

    (2) Held under the restrictions of these regulations by a 

responsible person who must, as soon as practicable



[[Page 17]]



after the end of the retention period specified on the label, destroy 

the records.