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SUBCHAPTER A-GENERAL PROVISIONS

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2.12 Applicability.

2.13 Confidentiality restrictions.
2.14 Minor patients.

2.15 Incompetent and deceased patients.
2.16 Security for written records.
2.17 Undercover agents and informants.
2.18 Restrictions on the use of identifica-
tion cards.

2.19 Disposition of records by discontinued

programs.

2.20 Relationship to State laws.

2.21 Relationship to Federal statutes pro-
tecting research subjects against com-
pulsory disclosure of their identity.
2.22 Notice to patients of Federal confiden-
tiality requirements.

2.23 Patient access and restriction on use.

Subpart C-Disclosures With Patient's Consent

Sec.

2.31 Form of written consent.

2.32 Prohibition on redisclosure.

2.33 Disclosures permitted with written

consent.

2.34 Disclosures to prevent multiple enroll-
ments in detoxification and mainte-
nance treatment programs.

2.35 Disclosures to elements of the crimi-
nal justice system which have referred
patients.

Subpart D-Disclosures Without Patient
Consent

2.51 Medical emergencies.

2.52 Research activities.

2.53 Audit and evaluation activities.

2.62 Order not applicable to records dis-

closed without consent to researchers,

auditors and evaluators.

2.63 Confidential communications.

2.64 Procedures and criteria for orders au-

thorizing disclosures for noncriminal

purposes.

2.65 Procedures and criteria for orders au-
thorizing disclosure and use of records
to criminally investigate or prosecute
patients.

2.66 Procedures and criteria for orders au-

thorizing disclosure and use of records

to investigate or prosecute a program or

the person holding the records.

2.67 Orders authorizing the use of under-

cover agents and informants to criminal-

ly investigate employees or agents of a

program.

AUTHORITY: Sec. 408 of Pub. L. 92-255, 86

Stat. 79, as amended by sec. 303 (a), (b) of
Pub. L. 93-282, 83 Stat. 137, 138; sec.
4(c)(5)(A) of Pub. L. 94-237, 90 Stat. 244;
sec. 111(c)(3) of Pub. L. 94-581, 90 Stat.
2852; sec. 509 of Pub. L. 96-88, 93 Stat. 695;
sec. 973(d) of Pub. L. 97-35, 95 Stat. 598; and
transferred to sec. 527 of the Public Health

Service Act by sec. 2(b)(16)(B) of Pub. L. 98-

24, 97 Stat. 182 and as amended by sec. 106

of Pub. L. 99-401, 100 Stat. 907 (42 U.S.C.
290ee-3) and sec. 333 of Pub. L. 91-616, 84
Stat. 1853, as amended by sec. 122(a) of Pub.
L. 93-282, 88 Stat. 131; and sec. 111(c)(4) of
Pub. L. 94-581, 90 Stat. 2852 and transferred
to sec. 523 of the Public Health Service Act

by sec. 2(b)(13) of Pub. L. 98-24, 97 Stat. 181

and as amended by sec. 106 of Pub. L. 99-

401, 100 Stat. 907 (42 U.S.C. 290dd-3).

SOURCE: 52 FR 21809, June 9, 1987, unless

otherwise noted.

§ 2.1 Statutory authority for confidential-
ity of drug abuse patient records.
The restrictions of these regulations
upon the disclosure and use of drug
abuse patient records were initially au-
thorized by section 408 of the Drug
Abuse Prevention, Treatment, and Re-
habilitation Act (21 U.S.C. 1175). That
section as amended was transferred by
Pub. L. 98-24 to section 527 of the
Public Health Service Act which is
codified at 42 U.S.C. 290ee-3. The

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