Regulation detail

42 CFR § 2.68

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42 CFR § 2.68 removed

§ 2.68 Report to the Secretary.

Jurisdiction: US Agency: Substance Abuse and Mental Health Services Administration (HHS)
DETOX (100%) OTP (40%) OUTPATIENT (100%) SUD_IOP (100%) SUD_PHP (100%) SUD_RESIDENTIAL (100%)
Plain-English summary

This regulation requires investigative agencies covered under 42 CFR Part 2 to submit an annual report to the Secretary within 60 days after each calendar year's end, detailing the number of court order applications made, applications denied due to Part 2 violations, and instances where records were returned or destroyed following unknowing receipt without a court order. This is an administrative reporting requirement tied to the confidentiality protections for substance use disorder patient records under Part 2.

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Regulation text
§ 2.68 Report to the Secretary.

(a) Any investigative agency covered by this part shall report to the Secretary, not later than 60 days after the end of each calendar year, to the extent applicable and practicable, on:

(1) The number of applications made under §§ 2.66(a)(3)(ii) and 2.67(c)(4) during the calendar year;

(2) The number of instances in which such applications were denied, due to findings by the court of violations of this part during the calendar year; and

(3) The number of instances in which records under this part were returned or destroyed following unknowing receipt without a court order, in compliance with § 2.66(a)(3)(iii), (iv), or (v), respectively during the calendar year.

(b) [Reserved]

[89 FR 12631, Feb. 16, 2024]