42 CFR Part 2 (Substance Abuse Treatment)

1. 42 CFR Part 2(Substance Abuse Treatment) National Center for State Courts Tara Kunkel

2. Objectives of Today’s Discussion Understand the scope of 42 CFR Part 2 and how it pertains to cross-system collaborations Discuss the primary methods of legally accessing information under 42 CFR Part 2 NOTE: Please consult your state laws as well

3. Overview of 42 CFR Part 2 42 CFR Part 2 (issued in 1975, revised in 1987) – The alcohol and substance abuse treatment confidentiality regulations Designed to help reduce stigma attached to seeking treatment and foster trust between client and treatment provider Purpose is to protect the privacy of alcohol and drug abuse patient information

4. Scope of 42 CFR Part 2 • 42 CFR Part 2 applies to “federally assisted programs” • An individual or entity that “holds itself out as providing, and provides, alcohol or drug abuse diagnosis, treatment or treatment referral” • Unit within a general medical facility that holds itself out as providing diagnosis, treatment or treatment referral • “Federally assisted” means the program derives some benefit from the U.S. government

5. Types of Information Covered by 42 CFR Part 2 Results of a substance abuse assessment Results of drug and alcohol screens Substance abuse treatment attendance information Substance abuse treatment progress notes and recommendations

6. General Rules of Disclosure Client-specific information may be released with: • A valid written consent from the participant • A valid court order and subpoena or under outlined exceptions…

7. Valid Consent A valid consent can authorize all parties involved in a child welfare case to share information necessary to monitor treatment progress and compliance The consent should name all of the individuals/agencies that are part of the information exchange Consent should be signed at intake

8. Elements of a Valid Consent Name of person or organization that may make the disclosure; Name or title of person (or organization) to whom disclosure may be made; Participant’s name; Purpose of the disclosure; Description of how much and what kind of information may be disclosed; Participant’s signature; Date on which the consent was signed; Date, event, or condition upon which the consent will expire

9. Permitted Disclosures Without Consent Medical emergencies Crimes that occur on the premises (of txt building) Crimes against staff Data released under a qualified service agreement Data released to outside auditors Data needed to conduct program evaluations Reporting of child abuse or neglect Compliance with duty to warn

10. Questions? Contact information for follow-up: tkunkel@ncsc.org