[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: 42CFR2.64]



[Page 23-24]

 

                         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. 2.64  Procedures and criteria for orders authorizing disclosures 

for noncriminal purposes.



    (a) Application. An order authorizing the disclosure of patient 

records for purposes other than criminal investigation or prosecution 

may be applied for by any person having a legally recognized interest in 

the disclosure which is sought. The application may be filed separately 

or as part of a pending civil action in which it appears that the 

patient records are needed to provide evidence. An application must use 

a fictitious name, such as John Doe, to refer to any patient and may not 

contain or otherwise disclose any patient identifying information unless 

the patient is the applicant or has given a written consent (meeting the 

requirements of these regulations) to disclosure or the court has 

ordered the record of the proceeding sealed from public scrunity.

    (b) Notice. The patient and the person holding the records from whom 

disclosure is sought must be given:

    (1) Adequate notice in a manner which will not disclose patient 

identifying information to other persons; and

    (2) An opportunity to file a written response to the application, or 

to appear in person, for the limited purpose of providing evidence on 

the statutory and regulatory criteria for the issuance of the court 

order.

    (c) Review of evidence: Conduct of hearing. Any oral argument, 

review of evidence, or hearing on the application must be held in the 

judge's chambers or in some manner which ensures that patient 

identifying information is not disclosed to anyone other than a party to 

the proceeding, the patient, or the person holding the record, unless 

the patient requests an open hearing in a



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manner which meets the written consent requirements of these 

regulations. The proceeding may include an examination by the judge of 

the patient records referred to in the application.

    (d) Criteria for entry of order. An order under this section may be 

entered only if the court determines that good cause exists. To make 

this determination the court must find that:

    (1) Other ways of obtaining the information are not available or 

would not be effective; and

    (2) The public interest and need for the disclosure outweigh the 

potential injury to the patient, the physician-patient relationship and 

the treatment services.

    (e) Content of order. An order authorizing a disclosure must:

    (1) Limit disclosure to those parts of the patient's record which 

are essential to fulfill the objective of the order;

    (2) Limit disclosure to those persons whose need for information is 

the basis for the order; and

    (3) Include such other measures as are necessary to limit disclosure 

for the protection of the patient, the physician-patient relationship 

and the treatment services; for example, sealing from public scrutiny 

the record of any proceeding for which disclosure of a patient's record 

has been ordered.