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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) Notice required. At the time of admission to a part 2 program or, in the case that a patient does not have capacity upon admission to understand his or her medical status, as soon thereafter as the patient attains such capacity, each part 2 program shall:
(1) Communicate to the patient that federal law and regulations protect the confidentiality of substance use disorder patient records; and
(2) Give to the patient a summary in writing of the federal law and regulations.
(b) Required elements of written summary. The written summary of the federal law and regulations must include:
(1) A general description of the limited circumstances under which a part 2 program may acknowledge that an individual is present or disclose outside the part 2 program information identifying a patient as having or having had a substance use disorder;
(2) A statement that violation of the federal law and regulations by a part 2 program is a crime and that suspected violations may be reported to appropriate authorities consistent with § 2.4, along with contact information;
(3) A statement that information related to a patient's commission of a crime on the premises of the part 2 program or against personnel of the part 2 program is not protected;
(4) A statement that reports of suspected child abuse and neglect made under state law to appropriate state or local authorities are not protected; and
(5) A citation to the federal law and regulations.
(c) Program options. The part 2 program must devise a notice to comply with the requirement to provide the patient with a summary in writing of the federal law and regulations. In this written summary, the part 2 program also may include information concerning state law and any of the part 2 program's policies that are not inconsistent with state and federal law on the subject of confidentiality of substance use disorder patient records.
Cite this article: FindLaw.com - Code of Federal Regulations Title 42. Public Health § 42.2.22 Notice to patients of federal confidentiality requirements - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-42-public-health/cfr-sect-42-2-22/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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