This provision clarifies the relationship between federal Part 2 confidentiality regulations (governing substance use disorder patient records) and state law. Federal regulations do not preempt state law in this area; if state law is more restrictive than federal rules, the more restrictive standard applies. However, state law cannot authorize or compel any disclosure that federal Part 2 regulations prohibit.
View official source§ 2.20 Relationship to state laws. The statute authorizing the regulations in this part (42 U.S.C. 290dd-2) does not preempt the field of law which they cover to the exclusion of all state laws in that field. If a use or disclosure permitted under the regulations in this part is prohibited under state law, neither the regulations in this part nor the authorizing statute may be construed to authorize any violation of that state law. However, no state law may either authorize or compel any use or disclosure prohibited by the regulations in this part. [89 FR 12623, Feb. 16, 2024]