Your Privacy in Treatment (42 CFR Part 2)

What Is 42 CFR Part 2?

42 CFR Part 2 is a federal regulation that protects the confidentiality of records created by programs that treat substance use disorders. According to the U.S. Department of Health and Human Services (HHS), this law covers any program that is federally assisted, which includes most methadone clinics and other treatment facilities that receive federal funding (hhs-part2).

The goal is to protect patients from the negative consequences of having their treatment records disclosed without their permission. This law is separate from the broader HIPAA privacy rule and often provides more protection (42 CFR Part 2, ecfr-42-part-2).

When Can Your Information Be Shared Without Consent?

While the law generally requires your written consent for any disclosure, certain exceptions exist. HHS explains that these include a medical emergency where your life or health is in danger, reporting suspected child abuse or neglect to authorities, and situations where a court issues a specific order authorizing disclosure (hhs-part2; hhs-hipaa-mental-health). Even in these cases, the disclosure is usually limited to the minimum necessary information.

In a crisis, such as a drug overdose, healthcare providers may share relevant information to save a life (HHS, hhs-hipaa-mental-health).

How Do I Give Permission for My Records to Be Shared?

If you want your treatment program to share your records with a doctor, family member, or another party, they will ask you to sign a written consent form. According to 42 CFR Part 2, this form must be specific, stating who can share the information, who can receive it, what information can be shared, the purpose of the disclosure, and an expiration date (42 CFR Part 2, ecfr-42-part-2). You have the right to revoke (take back) your consent at any time, except for disclosures that have already happened based on your earlier permission.

Why Is Confidentiality Important in Substance Use Treatment?

Strong confidentiality protections help reduce the stigma associated with substance use treatment and encourage people to seek help without fear of discrimination from employers, landlords, or others. SAMHSA emphasizes that privacy rules are a key part of making treatment accessible and safe (samhsa-treatment-options). When you know your information is protected, you can be more open with your clinician, which leads to better care.

If you feel your rights have been violated, you can file a complaint with HHS (hhs-part2).

Getting Help and Asking Questions

If you have questions about how your treatment records are protected, talk to your treatment provider or the program's privacy officer. You can also visit FindTreatment.gov to learn more about treatment programs and their policies (SAMHSA, findtreatment-gov). For a crisis, you can call or text 988 to reach the 988 Suicide & Crisis Lifeline, which is confidential (SAMHSA, samhsa-988).

A licensed clinician or attorney can help you understand your specific privacy rights under federal and state law.