[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: 42CFR2.51]



[Page 21]

 

                         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 D_Disclosures Without Patient Consent

 

Sec. 2.51  Medical emergencies.





    (a) General Rule. Under the procedures required by paragraph (c) of 

this section, patient identifying information may be disclosed to 

medical personnel who have a need for information about a patient for 

the purpose of treating a condition which poses an immediate threat to 

the health of any individual and which requires immediate medical 

intervention.

    (b) Special Rule. Patient identifying information may be disclosed 

to medical personnel of the Food and Drug Administration (FDA) who 

assert a reason to believe that the health of any individual may be 

threatened by an error in the manufacture, labeling, or sale of a 

product under FDA jurisdiction, and that the information will be used 

for the exclusive purpose of notifying patients or their physicians of 

potential dangers.

    (c) Procedures. Immediately following disclosure, the program shall 

document the disclosure in the patient's records, setting forth in 

writing:

    (1) The name of the medical personnel to whom disclosure was made 

and their affiliation with any health care facility;

    (2) The name of the individual making the disclosure;

    (3) The date and time of the disclosure; and

    (4) The nature of the emergency (or error, if the report was to 

FDA).



(Approved by the Office of Management and Budget under control number 

0930-0099)