This federal regulation (42 CFR § 2.35) governs how Part 2 programs (substance use disorder treatment programs subject to 42 CFR Part 2 confidentiality rules) may disclose patient records to criminal justice system personnel who have made treatment participation a condition of a criminal disposition, parole, or release. Operators must obtain a written patient consent that specifies the duration and revocation terms, and must ensure that criminal justice recipients use the information only for monitoring the patient's conditional release. The rule restricts redisclosure by criminal justice recipients to official duties related to the specific proceeding for which consent was given.
View official source§ 2.35 Disclosures to elements of the criminal justice system which have referred patients. (a) Consent for criminal justice referrals. A part 2 program may disclose information from a record about a patient to those persons within the criminal justice system who have made participation in the part 2 program a condition of the disposition of any criminal proceedings against the patient or of the patient's parole or other release from custody if: (1) The disclosure is made only to those persons within the criminal justice system who have a need for the information in connection with their duty to monitor the patient's progress ( e.g., a prosecuting attorney who is withholding charges against the patient, a court granting pretrial or post-trial release, probation or parole officers responsible for supervision of the patient); and (2) The patient has signed a written consent meeting the requirements of § 2.31 (except paragraph (a)(6) of this section which is inconsistent with the revocation provisions of paragraph (c) of this section) and the requirements of paragraphs (b) and (c) of this section. (b) Duration of consent. The written consent must state the period during which it remains in effect. This period must be reasonable, taking into account: (1) The anticipated length of the treatment; (2) The type of criminal proceeding involved, the need for the information in connection with the final disposition of that proceeding, and when the final disposition will occur; and (3) Such other factors as the part 2 program, the patient, and the person(s) within the criminal justice system who will receive the disclosure consider pertinent. (c) Revocation of consent. The written consent must state that it is revocable upon the passage of a specified amount of time or the occurrence of a specified, ascertainable event. The time or occurrence upon which consent becomes revocable may be no later than the final disposition of the conditional release or other action in connection with which consent was given. (d) Restrictions on use and redisclosure. Any persons within the criminal justice system who receive patient information under this section may use and redisclose it only to carry out official duties with regard to the patient's conditional release or other action in connection with which the consent was given. [82 FR 6115, Jan. 18, 2017, as amended at 83 FR 251, Jan. 3, 2018; 89 FR 12627, Feb. 16, 2024]