[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: 38CFR1.462]

[Page 26-27]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 1_GENERAL PROVISIONS--Table of Contents
 
Sec.  1.462  Confidentiality restrictions.

    (a) General. The patient records to which Sec. Sec.  1.460 through 
1.499 of this part apply may be disclosed or used only as permitted by 
these regulations and may not otherwise be disclosed or used in any 
civil, criminal, administrative, or legislative proceedings conducted by 
any Federal, State, or local authority. Any disclosure made under these 
regulations must be limited to that information which is necessary to 
carry out the purpose of the disclosure.
    (b) Unconditional compliance required. The restrictions on 
disclosure and use in Sec. Sec.  1.460 through 1.499 of this part apply 
whether the person seeking the information already has it, has other 
means of obtaining it, is a law enforcement or other official, has 
obtained a subpoena, or asserts any other justification for a disclosure 
or use which is not permitted by Sec. Sec.  1.460 through 1.499 of this 
part. These provisions do not prohibit VA from acting accordingly when 
there is no disclosure of information.
    (c) Acknowledging the presence of patients: responding to requests. 
(1) The presence of an identified patient in a VA facility for the 
treatment or other VA program activity relating to drug abuse, 
alcoholism or alcohol abuse, infection with the HIV, or sickle cell 
anemia may be acknowledged only if the patient's written consent is 
obtained in accordance with Sec.  1.475 of this part or if an 
authorizing court order is entered in accordance with Sec. Sec.  1.490 
through 1.499 of

[[Page 27]]

this part. Acknowledgment of the presence of an identified patient in a 
facility is permitted if the acknowledgment does not reveal that the 
patient is being treated for or is otherwise involved in a VA program or 
activity concerning drug abuse, alcoholism or alcohol abuse, infection 
with the HIV, or sickle cell anemia.
    (2) Any answer to a request for a disclosure of patient records 
which is not permissible under Sec. Sec.  1.460 through 1.499 of this 
part must be made in a way that will not affirmatively reveal that an 
identified individual has been, or is being diagnosed or treated for 
drug abuse, alcoholism or alcohol abuse, infection with the HIV, or 
sickle cell anemia. These regulations do not restrict a disclosure that 
an identified individual is not and never has been a patient.

(Authority: 38 U.S.C. 7334)