[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: 42CFR2.34]



[Page 19-20]

 

                         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 C_Disclosures With Patient's Consent

 

Sec.  2.34  Disclosures to prevent multiple enrollments in detoxification 

and maintenance treatment programs.



    (a) Definitions. For purposes of this section:

    Central registry means an organization which obtains from two or 

more member progams patient identifying information about individuals 

applying for maintenance treatment or detoxification treatment for the 

purpose of avoiding an individual's concurrent enrollment in more than 

one program.

    Detoxification treatment means the dispensing of a narcotic drug in 

decreasing doses to an individual in order to reduce or eliminate 

adverse physiological or psychological effects incident to withdrawal 

from the sustained use of a narcotic drug.

    Maintenance treatment means the dispensing of a narcotic drug in the 

treatment of an individual for dependence upon heroin or other morphine-

like drugs.

    Member program means a detoxification treatment or maintenance 

treatment program which reports patient identifying information to a 

central registry and which is in the same State as that central registry 

or is not more than 125 miles from any border of the State in which the 

central registry is located.

    (b) Restrictions on disclosure. A program may disclose patient 

records to a central registry or to any detoxification or maintenance 

treatment program not more than 200 miles away for the purpose of 

preventing the multiple enrollment of a patient only if:



[[Page 20]]



    (1) The disclosure is made when:

    (i) The patient is accepted for treatment;

    (ii) The type or dosage of the drug is changed; or

    (iii) The treatment is interrupted, resumed or terminated.

    (2) The disclosure is limited to:

    (i) Patient identifying information;

    (ii) Type and dosage of the drug; and

    (iii) Relevant dates.

    (3) The disclosure is made with the patient's written consent 

meeting the requirements of Sec.  2.31, except that:

    (i) The consent must list the name and address of each central 

registry and each known detoxification or maintenance treatment program 

to which a disclosure will be made; and

    (ii) The consent may authorize a disclosure to any detoxification or 

maintenance treatment program established within 200 miles of the 

program after the consent is given without naming any such program.

    (c) Use of information limited to prevention of multiple 

enrollments. A central registry and any detoxification or maintenance 

treatment program to which information is disclosed to prevent multiple 

enrollments may not redisclose or use patient identifying information 

for any purpose other than the prevention of multiple enrollments unless 

authorized by a court order under subpart E of these regulations.

    (d) Permitted disclosure by a central registry to prevent a multiple 

enrollment. When a member program asks a central registry if an 

identified patient is enrolled in another member program and the 

registry determines that the patient is so enrolled, the registry may 

disclose--

    (1) The name, address, and telephone number of the member program(s) 

in which the patient is already enrolled to the inquiring member 

program; and

    (2) The name, address, and telephone number of the inquiring member 

program to the member program(s) in which the patient is already 

enrolled. The member programs may communicate as necessary to verify 

that no error has been made and to prevent or eliminate any multiple 

enrollment.

    (e) Permitted disclosure by a detoxification or maintenance 

treatment program to prevent a multiple enrollment. A detoxification or 

maintenance treatment program which has received a disclosure under this 

section and has determined that the patient is already enrolled may 

communicate as necessary with the program making the disclosure to 

verify that no error has been made and to prevent or eliminate any 

multiple enrollment.