Disclosure of Substance Use Disorder Patient Records

Course overview

Course Description: This course contains complied information published by SAMHSA and is available as an open-access article. Title 42 of the Code of Federal Regulations (CFR) Part 2: Confidentiality of Substance Use Disorder Patient Records (Part 2) was first promulgated in 1975 to address concerns about the potential use of Substance Use Disorder (SUD) information in non-treatment based settings such as administrative or criminal hearings related to the patient. Part 2 is intended to ensure that a patient receiving treatment for a SUD in a Part 2 Program does not face adverse consequences in relation to issues such as criminal proceedings and domestic proceedings such as those related to child custody, divorce or employment. Part 2 protects the confidentiality of SUD patient records by restricting the circumstances under which Part 2 Programs or other lawful holders can disclose such records. Part 2 Programs are federally assisted programs. In general, Part 2 Programs are prohibited from disclosing any information that would identify a person as having or having had a SUD unless that person provides written consent. Part 2 specifies a set of requirements for consent forms, including but not limited to the name of the patient, the names of individuals/entities that are permitted to disclose or receive patient identifying information, the amount and kind of the information being disclosed, and the purpose of the disclosure. In addition to Part 2, other privacy laws such as the Health Insurance Portability and Accountability Act of 1996 (HIPAA) have been enacted. HIPAA generally permits the disclosure of protected health information for certain purposes without patient authorization, including treatment, payment, or health care operations. This course on disclosing patient information under the Code of Federal Regulations Part 2 is designed for social workers, professional counselors, psychologists, nurses, and substance abuse counselors, who do clinical work. In addition, this course is appropriate for beginning, intermediate and advanced level practitioners who wish to develop their knowledge of disclosing patient information under the Code of Federal Regulations Part 2. The course material includes a literature review of theory.It may also be useful for licensed clinicians who require continuing clinical education courses for license renewal. The course is based on a journal article that includes research. It contains statistical analysis and data that some clinicians enjoy reading and others do not. A significant benefit of reading research-based articles for continuing education is they provide practitioners with the latest findings in their field. Authors: SAMHSA Learning Objectives: This course will provide the practitioner with detailed information regarding disclosing patient information under the Code of Federal Regulations Part 2. Specifically, a professional will: Describe characteristics and goals of Part 2 programs in treating substance use disorder. Identify regulations surrounding the disclosure of substance use disorder patient records. Recognize the provisions and changes of the SAMHSA 42 CFR Part 2 regulations. Citations: Substance Abuse and Mental Health Services Administration. Disclosure of Substance Use Disorder Patient Records: Does Part 2 Apply to Me? The Office of the National Coordinator for Health Information Technology. https://www.samhsa.gov/sites/default/files/does-part2-apply.pdf Substance Abuse and Mental Health Services Administration. Disclosure of Substance Use Disorder Patient Records: How Do I Exchange Part 2 Data? The Office of the National Coordinator for Health Information Technology. https://www.samhsa.gov/sites/default/files/how-do-i-exchange-part2.pdf Substance Abuse and Mental Health Services Administration. (2020, July 13). Fact Sheet: SAMHSA 42 CFR Part 2 Revised Rule. The Office of the National Coordinator for Health Information Technology. https://www.samhsa.gov