This federal regulation clarifies that a court order cannot authorize researchers, auditors, or evaluators who received patient-identifying information without consent (under 42 CFR §§ 2.52 and 2.53) to disclose that information or use it in criminal investigations or prosecutions of patients. However, a court order under § 2.66 may authorize investigation or prosecution of those individuals who are holding such records. This is a procedural/legal rule governing the limits of court orders related to confidential substance use disorder patient records.
View official source§ 2.62 Order not applicable to records disclosed without consent to researchers, auditors, and evaluators. A court order under the regulations in this part may not authorize persons who meet the criteria specified in §§ 2.52(a)(1)(i) through (iii) and 2.53, who have received patient identifying information without consent for the purpose of conducting research, audit, or evaluation, to disclose that information or use it to conduct any criminal investigation or prosecution of a patient. However, a court order under § 2.66 may authorize use and disclosure of records to investigate or prosecute such persons who are holding the records. [89 FR 12629, Feb. 16, 2024]