[Code of Federal Regulations]
[Title 42, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
TITLE 42--PUBLIC HEALTH
CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN
PART 2--CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS--Table of Contents
Sec. 2.3 Purpose and effect.
(a) Purpose. Under the statutory provisions quoted in Secs. 2.1 and
2.2, these regulations impose restrictions upon the disclosure and use
of alcohol and drug abuse patient records which are maintained in
connection with the performance of any federally assisted alcohol and
drug abuse program. The regulations specify:
(1) Definitions, applicability, and general restrictions in subpart
B (definitions applicable to Sec. 2.34 only appear in that section);
(2) Disclosures which may be made with written patient consent and
the form of the written consent in subpart C;
(3) Disclosures which may be made without written patient consent or
an authorizing court order in subpart D; and
(4) Disclosures and uses of patient records which may be made with
an authorizing court order and the procedures and criteria for the entry
and scope of those orders in subpart E.
(b) Effect. (1) These regulations prohibit the disclosure and use of
patient records unless certain circumstances exist. If any circumstances
exists under which disclosure is permitted, that circumstance acts to
remove the prohibition on disclosure but it does not compel disclosure.
Thus, the regulations do not require disclosure under any circumstances.
(2) These regulations are not intended to direct the manner in which
substantive functions such as research, treatment, and evaluation are
carried out. They are intended to insure that an alcohol or drug abuse
patient in a federally assisted alcohol or drug abuse program is not
made more vulnerable by reason of the availability of his or her patient
record than an individual who has an alcohol or drug problem and who
does not seek treatment.
(3) Because there is a criminal penalty (a fine--see 42 U.S.C.
290ee-3(f), 42 U.S.C. 290dd-3(f) and 42 CFR 2.4) for violating the
regulations, they are to be construed strictly in favor of the potential
violator in the same manner as a criminal statute (see M. Kraus &
Brothers v. United States, 327 U.S. 614, 621-22, 66 S. Ct. 705, 707-07
How This Applies to the Colorado Drug Rehab Counselors
Our staff of drug rehab counselors have over 35 years of individual experience. Headed by licensed and/or certified addiction counselors, Colorado Drug Rehab can help provide an initial assessment and drug rehab referral based on your individual situation. Our counselors are trained in Professional Ethics and actually teach college classes on this subject. They are well versed on the laws that protect your confidentiality and will abide by them to the letter of th law.
Call us at 1-877-888-4802