[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: 42CFR2.66]



[Page 25]

 

                         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. 2.66  Procedures and criteria for orders authorizing disclosure 

and use of records to investigate or prosecute a program or the person 

holding the records.



    (a) Application. (1) An order authorizing the disclosure or use of 

patient records to criminally or administratively investigate or 

prosecute a program or the person holding the records (or employees or 

agents of that program or person) may be applied for by any 

administrative, regulatory, supervisory, investigative, law enforcement, 

or prosecutorial agency having jurisdiction over the program's or 

person's activities.

    (2) The application may be filed separately or as part of a pending 

civil or criminal action against a program or the person holding the 

records (or agents or employees of the program or person) in which it 

appears that the patient records are needed to provide material 

evidence. The 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 court has ordered the record 

of the proceeding sealed from public scrutiny or the patient has given a 

written consent (meeting the requirements of Sec. 2.31 of these 

regulations) to that disclosure.

    (b) Notice not required. An application under this section may, in 

the discretion of the court, be granted without notice. Although no 

express notice is required to the program, to the person holding the 

records, or to any patient whose records are to be disclosed, upon 

implementation of an order so granted any of the above persons must be 

afforded an opportunity to seek revocation or amendment of that order, 

limited to the presentation of evidence on the statutory and regulatory 

criteria for the issuance of the court order.

    (c) Requirements for order. An order under this section must be 

entered in accordance with, and comply with the requirements of, 

paragraphs (d) and (e) of Sec. 2.64 of these regulations.

    (d) Limitations on disclosure and use of patient identifying 

information: (1) An order entered under this section must require the 

deletion of patient identifying information from any documents made 

available to the public.

    (2) No information obtained under this section may be used to 

conduct any investigation or prosecution of a patient, or be used as the 

basis for an application for an order under Sec. 2.65 of these 

regulations.