[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: 42CFR2.63]



[Page 23]

 

                         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 E_Court Orders Authorizing Disclosure and Use

 

Sec. 2.63  Confidential communications.



    (a) A court order under these regulations may authorize disclosure 

of confidential communications made by a patient to a program in the 

course of diagnosis, treatment, or referral for treatment only if:

    (1) The disclosure is necessary to protect against an existing 

threat to life or of serious bodily injury, including circumstances 

which constitute suspected child abuse and neglect and verbal threats 

against third parties;

    (2) The disclosure is necessary in connection with investigation or 

prosecution of an extremely serious crime, such as one which directly 

threatens loss of life or serious bodily injury, including homicide, 

rape, kidnapping, armed robbery, assault with a deadly weapon, or child 

abuse and neglect; or

    (3) The disclosure is in connection with litigation or an 

administrative proceeding in which the patient offers testimony or other 

evidence pertaining to the content of the confidential communications.

    (b) [Reserved]