[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: 42CFR2.52]



[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. 2.52  Research activities.



    (a) Patient identifying information may be disclosed for the purpose 

of conducting scientific research if the program director makes a 

determination that the recipient of the patient identifying information:

    (1) Is qualified to conduct the research;

    (2) Has a research protocol under which the patient identifying 

information:

    (i) Will be maintained in accordance with the security requirements 

of Sec. 2.16 of these regulations (or more stringent requirements); and

    (ii) Will not be redisclosed except as permitted under paragraph (b) 

of this section; and

    (3) Has provided a satisfactory written statement that a group of 

three or more individuals who are independent of the research project 

has reviewed the protocol and determined that:

    (i) The rights and welfare of patients will be adequately protected; 

and

    (ii) The risks in disclosing patient identifying information are 

outweighed by the potential benefits of the research.

    (b) A person conducting research may disclose patient identifying 

information obtained under paragraph (a) of this section only back to 

the program from which that information was obtained and may not 

identify any individual patient in any report of that research or 

otherwise disclose patient identities.



[52 FR 21809, June 9, 1987, as amended at 52 FR 41997, Nov. 2, 1987]