[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: 42CFR2.13]



[Page 14-15]

 

                         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.  2.13  Confidentiality restrictions.



    (a) General. The patient records to which these regulations 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 these regulations apply whether the holder of the 

information believes that 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 these regulations.

    (c) Acknowledging the presence of patients: Responding to requests. 

(1) The presence of an identified patient in a facility or component of 

a facility which is publicly identified as a place where only alcohol or 

drug abuse diagnosis, treatment, or referral is provided may be 

acknowledged only if the patient's written consent is obtained in 

accordance with subpart C of these regulations or if an authorizing 

court order is entered in accordance with subpart E of these 

regulations. The regulations permit acknowledgement of the presence of 

an identified patient in a facility or part of a facility if the



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facility is not publicy identified as only an alcohol or drug abuse 

diagnosis, treatment or referral facility, and if the acknowledgement 

does not reveal that the patient is an alcohol or drug abuser.

    (2) Any answer to a request for a disclosure of patient records 

which is not permissible under these regulations must be made in a way 

that will not affirmatively reveal that an identified individual has 

been, or is being diagnosed or treated for alcohol or drug abuse. An 

inquiring party may be given a copy of these regulations and advised 

that they restrict the disclosure of alcohol or drug abuse patient 

records, but may not be told affirmatively that the regulations restrict 

the disclosure of the records of an identified patient. The regulations 

do not restrict a disclosure that an identified individual is not and 

never has been a patient.