[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR2.22]



[Page 17-18]

 

                         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 B_General Provisions

 

Sec.  2.22  Notice to patients of Federal confidentiality requirements.



    (a) Notice required. At the time of admission or as soon threreafter 

as the patient is capable of rational communication, each program shall:

    (1) Communicate to the patient that Federal law and regulations 

protect the confidentiality of alcohol and drug abuse patient records; 

and

    (2) Give to the patient a summary in writing of the Federal law and 

regulations.

    (b) Required elements of written summary. The written summary of the 

Federal law and regulations must include:

    (1) A general description of the limited circumstances under which a 

program may acknowledge that an individual is present at a facility or 

disclose outside the program information identifying a patient as an 

alcohol or drug abuser.

    (2) A statement that violation of the Federal law and regulations by 

a program is a crime and that suspected violations may be reported to 

appropriate authorities in accordance with these regulations.

    (3) A statement that information related to a patient's commission 

of a crime on the premises of the program or against personnel of the 

program is not protected.

    (4) A statement that reports of suspected child abuse and neglect 

made under State law to appropriate State or local authorities are not 

protected.

    (5) A citation to the Federal law and regulations.

    (c) Program options. The program may devise its own notice or may 

use the



[[Page 18]]



sample notice in paragraph (d) to comply with the requirement to provide 

the patient with a summary in writing of the Federal law and 

regulations. In addition, the program may include in the written summary 

information concerning State law and any program policy not inconsistent 

with State and Federal law on the subject of confidentiality of alcohol 

and drug abuse patient records.

    (d) Sample notice.



        Confidentiality of Alcohol and Drug Abuse Patient Records



    The confidentiality of alcohol and drug abuse patient records 

maintained by this program is protected by Federal law and regulations. 

Generally, the program may not say to a person outside the program that 

a patient attends the program, or disclose any information identifying a 

patient as an alcohol or drug abuser Unless:

    (1) The patient consents in writing:

    (2) The disclosure is allowed by a court order; or

    (3) The disclosure is made to medical personnel in a medical 

emergency or to qualified personnel for research, audit, or program 

evaluation.

    Violation of the Federal law and regulations by a program is a 

crime. Suspected violations may be reported to appropriate authorities 

in accordance with Federal regulations.

    Federal law and regulations do not protect any information about a 

crime committed by a patient either at the program or against any person 

who works for the program or about any threat to commit such a crime.

    Federal laws and regulations do not protect any information about 

suspected child abuse or neglect from being reported under State law to 

appropriate State or local authorities.



(See 42 U.S.C. 290dd-3 and 42 U.S.C. 290ee-3 for Federal laws and 42 CFR 

part 2 for Federal regulations.)



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

0930-0099)