Legal

42 CFR Part 2 — Confidentiality of substance use records

Last updated July 2026

Draft for review. The final wording must be reviewed and approved by the clinic's attorney and compliance officer before it is published.

Federal law and regulations (42 CFR Part 2) give special, heightened protection to records that could identify a person as having a substance use disorder. These protections are stronger than HIPAA alone. This notice summarizes how they apply to you at Believe & Achieve Recovery.

What Part 2 protects

Because we are a federally-assisted substance use disorder program, the confidentiality of any information that identifies you as having, or having had, a substance use disorder is protected. Generally, we may not tell anyone outside the program that you attend, or disclose any information identifying you as a patient, unless you consent in writing or a specific exception in the law applies.

Your written consent

With limited exceptions, we will disclose your Part 2 records only with your written consent. A valid consent identifies what information may be shared, with whom, for what purpose, and for how long. You may revoke your consent at any time, except to the extent we have already acted in reliance on it. A general authorization for the release of medical information is not sufficient to disclose Part 2 records.

When records may be disclosed without your consent

Federal law permits disclosure without your consent only in limited situations, including:

  • A bona fide medical emergency.
  • Scientific research, audits or program evaluations that meet Part 2 requirements.
  • A court order that specifically complies with Part 2.
  • Reports of suspected child abuse or neglect, as required by state law.
  • Communications among program staff, or with a qualified service organization, as permitted by Part 2.

Prohibition on re-disclosure

Anyone who lawfully receives your Part 2 records is prohibited from re-disclosing them without your express written consent, unless otherwise permitted by the regulations. When we release protected records, we include the following federally-required statement:

Required re-disclosure notice

“This information has been disclosed to you from records protected by federal confidentiality rules (42 CFR Part 2). The federal rules prohibit you from making any further disclosure of information in this record that identifies a patient as having or having had a substance use disorder either directly, by reference to publicly available information, or through verification of such identification by another person unless further disclosure is expressly permitted by the written consent of the individual whose information is being disclosed or as otherwise permitted by 42 CFR Part 2. A general authorization for the release of medical or other information is NOT sufficient for this purpose (see 42 CFR § 2.31). The federal rules restrict any use of the information to investigate or prosecute with regard to a crime any patient with a substance use disorder, except as provided at §§ 2.12(c)(5) and 2.65.”

Protection from legal proceedings

Your Part 2 records generally may not be used to initiate or substantiate criminal charges against you, or to investigate you, without a special court order that meets the requirements of the regulations.

Questions and complaints

To ask about your rights, give or revoke consent, or file a complaint, contact our Privacy Officer at (818) 391-0246 or BelieveAndAchieveRecovery@gmail.com. Violations of Part 2 may also be reported to the appropriate federal authorities. We will not retaliate against you for filing a complaint.

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