Permitted Disclosures of Part 2 Records to State and Local Government Agencies for Oversight and Evaluation

42 CFR Part 2 (“Part 2”) protects the confidentiality of substance use disorder (“SUD”) treatment records. Under Part 2, federally assisted SUD treatment programs are prohibited from disclosing patient-identifying information without the patient’s written consent, unless a specific exception applies.

This resource outlines three exceptions where consent is not required under Part 2.

Key Points

While Part 2 generally requires patient consent before disclosure, there are circumstances in which disclosures to state and local government agencies are allowed without patient consent for oversight and evaluation.
Three commonly applied exceptions include audit and evaluation, deceased patients, and for disclosures to a public health authority.
Sharing identifiable information for public health reporting purposes always requires patient consent.