Code of Federal Regulations: Containing a Codification of Documents of ...

CHAPTER PUBLIC HEALTH SERVICE,
DEPARTMENT OF HEALTH AND

HUMAN SERVICES

SUBCHAPTER A-GENERAL PROVISIONS

Part

Page

7 7

[Reserved]
Confidentiality of alcohol and drug abuse patient

records
Protection of identity-research subjects
[Reserved]
National Library of Medicine
Designation of health professional(s) shortage

areas
Federal tort claims act coverage of certain grant-

ees and individuals ........
Distribution of reference biological standards and

biological preparations

SUBCHAPTER B PERSONNEL

21 22 23 24

Commissioned officers
Personnel other than commissioned officers
National Health Service Corps
Senior Biomedical Research Service ...

55 65 66 75

SUBCHAPTER C-MEDICAL CARE AND EXAMINATIONS

Medical care for certain personnel of the Coast

Guard, National Ocean Survey, Public Health

Service, and former Lighthouse Service .....
Medical care for persons with Hansen's disease and

other persons in emergencies
Medical examination of aliens ...
Hospital and station management
Indian health ......
Specifications for medical examinations of under-

ground coal miners

84 85

34 35 36 37

144 Page

Part 38

Disaster assistance for crisis counseling and train

ing

157

SUBCHAPTER D-GRANTS

161

177 190 193 199

215 219 224 228

230

233

50 Policies of general applicability
51 Requirements applicable to the protection and ad-

vocacy for individuals with mental illness pro

gram 51a Project grants for maternal and child health 51b Project grants for preventive health services 51c Grants for community health services 51d-51g [Reserved] 52 Grants for research projects 52a National Institutes of Health center grants 52b National Cancer Institute construction grants 52c

Minority Biomedical Research Support Program 52d National Cancer Institute Clinical Cancer Edu

cation Program 52e National Heart, Lung, and Blood Institute grants

for prevention and control projects 52h Scientific peer review of research grant applica

tions and research and development contract

projects .... 53 Grants, loans and loan guarantees for construction

and modernization of hospitals and medical fa

cilities ...... 55a Program grants for Black Lung clinics 56 Grants for migrant health services 57 Grants for construction of teaching facilities, edu

cational improvements, scholarships and student

loans 58 Grants for training of public health and allied

health personnel 59 Grants for family planning services 59a National Library of Medicine grants 60 Health Education Assistance Loan Program

SUBCHAPTER E-FELLOWSHIPS, INTERNSHIPS, TRAINING

446

61 62

63 63a 64 64a 65

Fellowships
National Health Service Corps Scholarship and

Loan Repayment Programs
Traineeships
National Institutes of Health training grants
National Library of Medicine training grants
Obligated service for mental health traineeships
National Institute of Environmental Health

Sciences hazardous waste worker training

451 469 472 475 478

482

Page

Part 65a

485 489

66 67

National Institute of Environmental Health

Sciences hazardous substances basic research

and training grants .....
National Research Service Awards
Agency for Health Care Policy and Research

grants and contracts ...,
National Institutes of Health (NIH) Clinical Re-

search Loan Repayment Program for Individuals
from Disadvantaged Backgrounds (CR-LRP)

495

68a

505

.......

SUBCHAPTER F-QUARANTINE, INSPECTION, LICENSING

71 72 75

511 520

Foreign quarantine
Interstate shipment of etiologic agents
Standards for the accreditation of educational pro-

grams for and the credentialing of radiologic per-
sonnel

529

SUBCHAPTER GOCCUPATIONAL SAFETY AND HEALTH RESEARCH AND

RELATED ACTIVITIES

84 85 85a

542 543 608

Administrative functions, practices, and proce

dures ..
Approval of Respiratory Protective Devices
Requests for health hazard evaluations ......
Occupational safety and health investigations of

places of employment ....
Grants for education programs in occupational

safety and health ...
National Institute for Occupational Safety and

Health Research and demonstration grants

613

618

626

SUBCHAPTER H-HEALTH ASSESSMENTS AND HEALTH EFFECTS STUDIES OF HAZARDOUS SUBSTANCES RELEASES AND FACILITIES

121 Organ Procurement and Transplantation Network 124 Medical facility construction and modernization ... 125–399 [Reserved]

640 649

PART I (RESERVED]

Subpart Court Orders Authorizing

Disclosures and Use

PART 2-CONFIDENTIALITY OF AL-

COHOL AND DRUG ABUSE PA-
TIENT RECORDS

Subpart A Introduction

Sec.
2.1 Statutory authority for confidentiality

of drug abuse patient records.
2.2 Statutory authority for confidentiality

of alcohol abuse patient records.
2.3 Purpose and effect.
2.4 Criminal penalty for violation.
2.5 Reports of violations.

Subpart B-General Provisions

2.11 Definitions.
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.

2.61 Legal effect of order.
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 pa-

tients.
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 crimi-
nally 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), as amended by sec. 131 of Pub. L.
102–321, 106 Stat. 368, (42 U.S.C. 290dd-2).

SOURCE: 52 FR 21809, June 9, 1987, unless
otherwise noted.

Subpart C-Disclosures With Patient's

Consent

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 maintenance

treatment programs.
2.35 Disclosures to elements of the criminal

justice system which have referred pa-
tients.

Subpart A-Introduction
$ 2.1 Statutory authority for confiden-
tiality of drug

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 Pub-
lic Health Service Act which is codified

Subpart D-Disclosures Without Patient

Consent

2.51 Medical emergencies.
2.52 Research activities.
2.53 Audit and evaluation activities.

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