[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR1.461]

[Page 25-26]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 1_GENERAL PROVISIONS--Table of Contents
 
Sec. 1.461  Applicability.

    (a) General--(1) Restrictions on disclosure. The restrictions on 
disclosure in these regulations apply to any information whether or not 
recorded, which:
    (i) Would identify a patient as an alcohol or drug abuser, an 
individual tested for or infected with the human immunodeficiency virus 
(HIV), hereafter referred to as HIV, or an individual with sickle cell 
anemia, either directly, by reference to other publicly available 
information, or through verification of such an identification by 
another person; and
    (ii) Is provided or obtained for the purpose of treating alcohol or 
drug abuse, infection with the HIV, or sickle cell anemia, making a 
diagnosis for that treatment, or making a referral for that treatment as 
well as for education, training, evaluation, rehabilitation and research 
program or activity purposes.
    (2) Restriction on use. The restriction on use of information to 
initiate or substantiate any criminal charges against a patient or to 
conduct any criminal investigation of a patient applies to any 
information, whether or not recorded, which is maintained for the 
purpose of treating drug abuse, alcoholism or alcohol abuse, infection 
with the HIV, or sickle cell anemia, making a diagnosis for that 
treatment, or making a referral for that treatment as well as for 
education, training, evaluation, rehabilitation, and research program or 
activity purposes.
    (b) Period covered as affecting applicability. The provisions of 
Sec. Sec. 1.460 through 1.499 of this part apply to records of 
identity, diagnosis, prognosis, or treatment pertaining to any given 
individual maintained over any period of time which, irrespective of 
when it begins, does not end before March 21, 1972, in the case of 
diagnosis or treatment for drug abuse; or before May 14, 1974, in the 
case of diagnosis or treatment for alcoholism or alcohol abuse; or 
before September 1, 1973, in the case of testing, diagnosis or treatment 
of sickle cell anemia; or before May 20, 1988, in the case of testing, 
diagnosis or treatment for an infection with the HIV.
    (c) Exceptions--(1) Department of Veterans Affairs and Armed Forces. 
The restrictions on disclosure in Sec. Sec. 1.460 through 1.499 of this 
part do not apply to communications of information between or among 
those components of VA who have a need for the information in connection 
with their duties in the provision of health care, adjudication of 
benefits, or in carrying out administrative responsibilities related to 
those functions, including personnel of the Office of the Inspector 
General who are conducting audits, evaluations, healthcare inspections, 
or non-patient investigations, or between such components and the Armed 
Forces, of information pertaining to a person relating to a period when 
such person is or was subject to the Uniform Code of Military Justice. 
Information obtained by VA components under these circumstances may be 
disclosed outside of VA to prosecute or investigate a non-patient only 
in accordance with Sec. 1.495 of this part. Similarly, the restrictions 
on disclosure in Sec. Sec. 1.460 through 1.499 of this part do not 
apply to communications of information to the Department of Justice or 
U.S. Attorneys who are providing support in civil litigation or possible 
litigation involving VA.
    (2) Contractor. The restrictions on disclosure in Sec. Sec. 1.460 
through 1.499 of this part do not apply to communications between VA and 
a contractor of information needed by the contractor to provide his or 
her services.
    (3) Crimes on VA premises or against VA personnel. The restrictions 
on disclosure and use in Sec. Sec. 1.460 through 1.499 of this part do 
not apply to communications from VA personnel to law enforcement 
officers which:

[[Page 26]]

    (i) Are directly related to a patient's commission of a crime on the 
premises of the facility or against personnel of VA or to a threat to 
commit such a crime; and
    (ii) Are limited to the circumstances of the incident, including the 
patient status of the individual committing or threatening to commit the 
crime, that individual's name and address to the extent authorized by 38 
U.S.C. 5701(f)(2), and that individual's last known whereabouts.
    (4) Undercover agents and informants. (i) Except as specifically 
authorized by a court order granted under Sec. 1.495 of this part, VA 
may not knowingly employ, or admit as a patient, any undercover agent or 
informant in any VA drug abuse, alcoholism or alcohol abuse, HIV 
infection, or sickle cell anemia treatment program.
    (ii) No information obtained by an undercover agent or informant, 
whether or not that undercover agent or informant is placed in a VA drug 
abuse, alcoholism or alcohol abuse, HIV infection, or sickle cell anemia 
treatment program pursuant to an authorizing court order, may be used to 
criminally investigate or prosecute any patient unless authorized 
pursuant to the provisions of Sec. 1.494 of this part.
    (iii) The enrollment of an undercover agent or informant in a 
treatment unit shall not be deemed a violation of this section if the 
enrollment is solely for the purpose of enabling the individual to 
obtain treatment for drug or alcohol abuse, HIV infection, or sickle 
cell anemia.
    (d) Applicability to recipients of information--(1) Restriction on 
use of information. In the absence of a proper Sec. 1.494 court order, 
the restriction on the use of any information subject to Sec. Sec. 
1.460 through 1.499 of this part to initiate or substantiate any 
criminal charges against a patient or to conduct any criminal 
investigation of a patient applies to any person who obtains that 
information from VA, regardless of the status of the person obtaining 
the information or of whether the information was obtained in accordance 
with Sec. Sec. 1.460 through 1.499 of this part. This restriction on 
use bars, among other things, the introduction of that information as 
evidence in a criminal proceeding and any other use of the information 
to investigate or prosecute a patient with respect to a suspected crime. 
Information obtained by undercover agents or informants (see paragraph 
(c) of this section) or through patient access (see Sec. 1.469 of this 
part) is subject to the restriction on use.
    (2) Restrictions on disclosures--third-party payers and others. The 
restrictions on disclosure in Sec. Sec. 1.460 through 1.499 of this 
part apply to third-party payers and persons who, pursuant to a consent, 
receive patient records directly from VA and who are notified of the 
restrictions on redisclosure of the records in accordance with Sec. 
1.476 of this part.

(Authority: 38 U.S.C. 7332(e) and 7334)