Criminal Court Orders Authorizing Disclosure of Part 2 Records

Providers and administrators of substance use treatment services frequently receive court orders and other requests for patient information covered by the federal confidentiality protections for substance use disorder SUD) treatment (42 USC § 290dd-2 and 42 CFR Part 2, referred to collectively as “Part 2”).

This resource is meant to help these professionals determine whether they have received a Part 2 compliant court order, but it should not replace legal advice from local counsel.

This resource was authored by Jacqueline Seitz, JD and Ashleigh Giovannini, JD.

Key Points

• Under 42 CFR Part 2 (Part 2), records are subject to more stringent privacy protections than those that apply to Protected Health Information (PHI) under the HIPAA.
• A general court order, subpoena, warrant, or official request for records is not sufficient to allow the disclosure of records protected under Part 2. However, a court may issue a special order authorizing the use or disclosure of Part 2 records to investigate or prosecute a patient if the court determines, among other factors, that the crime is “extremely serious.”