42 CFR Part 2

This module is designed to help professionals who provide or administer substance use disorder related services identify what constitutes a medical emergency, and describes who may receive records pursuant to the medical emergency exception under Part 2.

On February 8, 2024, HHS, through SAMHSA and OCR, announced final rule changes to 42 CFR Part 2 (“Part 2”), the federal law that protects the confidentiality of substance use disorder (SUD) treatment records. This HHS Fact Sheet provides further information about the final rule changes.

Archived recording of May 2023 webinar facilitated by the CoE-PHI to explain how the federal health privacy regulations apply to medications for opioid use disorder (MOUD) in correctional entities, especially jails, prisons, and detention centers. This webinar includes common scenarios in which patient information may or may not be shareable, and assists learners in determining the proper course of action for each scenario.

The federal confidentiality protections for substance use disorder (SUD) treatment records under 42 CFR Part 2 generally require a patient’s written consent to share information. Providers often have questions about how to fill out a consent form that authorizes disclosures to multiple parties in a way that complies with Part 2 and the HIPAA Privacy Rule.

Many patients receive substance use disorder (SUD) treatment and related services at integrated healthcare facilities such as community mental health centers (CMHCs) or certified community behavioral health centers (CCBHCs). Some SUD providers at CMHCs or CCBHCs may be subject to the federal law and regulations for substance use disorder treatment records under 42 CFR Part 2. This resource describes key privacy considerations for patients’ SUD treatment records that originate from a Part 2 program or provider within a CMHC.

This module is designed to help professionals who provide or administer SUD-related services identify what constitutes an emergency, who may serve as a patient's emergency contact, and what a Part 2 program should do to obtain emergency contact information.