Criminal Court Orders Authorizing Disclosure of SUD Treatment Records Protected by 42 CFR Part 2
CoE-PHI resource describing court order requirements under 42 CFR Part 2 for disclosing SUD treatment records in a criminal case.
Substance use disorder (SUD) treatment providers frequently receive court orders and other requests for patient information covered by the federal confidentiality protections for SUD treatment under 42 CFR Part 2. To help clarify Part 2’s heightened court order requirements, this resource provides sample provisions for a criminal court order authorizing disclosure of a patient’s Part 2 records.
- A general court order, subpoena, warrant, or official request for records, does not permit the disclosure of Part 2 records.
- The use of Part 2 protected SUD treatment records to a criminally investigate or prosecute a patient, requires a special court order finding that, among other factors, the alleged crime is “extremely serious.”
- If a court issues a court order authorizing the disclosure Part 2 protected records in a criminal case, it must impose limitations on the amount of information disclosed and who may receive the information.