This regulation prohibits Part 2 programs (substance use disorder treatment programs subject to 42 CFR Part 2 confidentiality rules) from knowingly employing or enrolling undercover agents or informants without a specific court order. It further bars the use or disclosure of any information obtained by such agents or informants to criminally investigate or prosecute patients, even when placement was court-authorized. Operators must ensure their hiring and enrollment processes screen for this prohibition and that any information obtained in violation cannot be used against patients.
View official source§ 2.17 Undercover agents and informants. (a) Restrictions on placement. Except as specifically authorized by a court order granted under § 2.67, no part 2 program may knowingly employ, or enroll as a patient, any undercover agent or informant. (b) Restriction on use and disclosure of information. No information obtained by an undercover agent or informant, whether or not that undercover agent or informant is placed in a part 2 program pursuant to an authorizing court order, may be used or disclosed to criminally investigate or prosecute any patient. [82 FR 6115, Jan. 18, 2017, as amended at 89 FR 12622, Feb. 16, 2024]