SAMSHA announced that they have revised the Confidentiality of Substance Use Disorder Patient Records regulation (42 CFR Part 2). The new rule allows providers to share SUD client records with other providers on the condition that you have express written consent from your client.
The announcement from states: “a federally assisted substance use disorder program may only disclose patient identifying information with the individual’s written consent, as part of a court order, or under a few limited exceptions.” These exceptions include emergencies that disrupt client care. The revised rule does not alter the basic framework for confidentiality protection of SUD client records created by federally assisted SUD treatment programs. The rule continues to prohibit law enforcement’s use of SUD patient records in criminal prosecutions against clients without a court order.