People living with SUDs continue to experience stigma, discrimination, and serious negative consequences when treatment information is disclosed without their knowledge or consent.
42 CFR is the federal confidentiality law and regulations protect the privacy of substance use disorder (SUD) patient records by prohibiting unauthorized disclosures of patient records except in limited circumstances. Congress enacted the legislation in the 1970s to encourage individuals with SUDs to enter and remain in treatment. 42 USC § 290dd-2. The regulations implementing the law are at 42 CFR (Code of Federal Regulations) Part 2 (Internal course link) and are commonly referred to as “Part 2.”
The following is an excerpt from 42 C.F.R. PART 2—CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT RECORDS:
TAP13 Confidentiality of Patient Records (Internal course link)
Title 42 – Public Health – “Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any drug abuse prevention function conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in subsection (e) of this section, be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b) of this section.”
Step 1:
Read
The information contained in the following resources and familiarize yourself with the 42 CFR Part II:
TAP 13 (Internal course link)
The Fundamentals of 42 CFR Part 2: What Is It? Why Is It Important? External link to web published article)
Fact Sheet: SAMHSA 42 CFR Part 2 Revised Rule (Internal course link)
Watch
42 CFR 2 Confidentiality Regulations
Step 2:
Your assignment should contain (and will be evaluated) on the following criteria:
Write a one page essay on what you have learned about:
• A demonstration of your understanding of 42 CFR Part II and your understanding of the difference in what is ethical and what is legal;
• The Major Points Associated with 42 CFR Part 2;
• Proper Grammar, Punctuation, Spelling, and use of Appropriate Language; and
Proper Citation of Source Material (Please be aware that if you use ideas or information from a secondary source, you MUST give proper credit to that source. Failure to do so is plagiarism.).
Step 3:
Type your essay using a word processor (such as Microsoft word). Use 12-pt font, 1-inch margins and double space. Save and Submit using the upload box below.
