Trust · Notice
42 CFR Part 2 Notice
42 CFR Part 2 is a federal law that gives substance use disorder treatment records additional confidentiality protections.
At Healing Sands, records connected to detox, residential treatment, or step-down care generally cannot be shared without consent, except in specific circumstances permitted by federal law.
These protections apply alongside HIPAA and give clients additional control over how information about substance use treatment is disclosed.
Federal regulations that place additional restrictions on disclosure of substance use disorder treatment records. These protections go beyond what HIPAA alone provides.
- HOW RECORDS ARE PROTECTED
Additional protection for substance use treatment records.
Part 2 applies specifically to substance use disorder treatment records. It establishes rules around consent, disclosure, and how information may be shared after it leaves a treatment program.
01
Protection specifically for substance use records.
Part 2 covers records created by programs providing substance use disorder treatment. At Healing Sands, this can include intake information, clinical notes, and billing records connected to treatment.
These protections exist because disclosure of substance use treatment information can carry consequences involving employment, housing, custody, and other areas of a client's life.
Federal Part 2 requirements were updated in 2024, with the updated compliance requirements taking effect in February 2026.
02
Your rights should be clear before treatment starts.
This notice explains that substance use treatment records receive specific federal protections and helps clients understand what those protections mean.
Clients have rights regarding who receives their records and can raise concerns or file complaints if they believe their information has been handled improperly.
03
Most disclosures begin with consent.
Written consent is generally required before Part 2 records are shared, including certain disclosures to family members, outside providers, or employers.
Under the updated rules, a single consent may cover future uses and disclosures for treatment, payment, and healthcare operations. Certain counseling notes receive additional protection and may require separate consent.
A client's consent can continue as they move through levels of care rather than requiring a new form simply because treatment progresses from detox to residential or step-down care.
04
Part 2 protections are explained separately.
Part 2 programs provide clients with written information explaining these confidentiality protections.
This notice is separate from the general HIPAA notice and explains how Part 2 records are protected, limitations involving their use in legal proceedings, and rules governing further disclosure of information.
DISCLOSURE & CONSENT
When Part 2 records can be shared
Part 2 generally requires consent before substance use treatment information is disclosed, while defining specific circumstances where disclosure may occur without it.
The Redisclosure Rule
Protection can follow the record.
Redisclosure means sharing information again after receiving it.
Current Part 2 rules allow certain further uses and disclosures consistent with HIPAA after records reach an appropriate HIPAA-covered entity, while Part 2 protections continue to govern the information as required by federal law.
Required notices accompanying Part 2 information explain the applicable restrictions on use and disclosure.
Medical Emergencies
Information may be shared when emergency care requires it
Part 2 permits certain disclosures without consent during a medical emergency when information is needed to provide appropriate emergency treatment.
An overdose requiring hospital care is one example of a situation where these provisions may apply.
Reporting & Oversight
Federal law defines limited exceptions.
Certain disclosures may also be permitted or required for purposes such as reporting suspected child abuse or neglect and qualifying health oversight activities.
These exceptions are defined by law and do not provide general permission to disclose treatment information.
Court Orders
A routine subpoena isn't necessarily enough.
Part 2 establishes specific requirements for court-ordered disclosure of substance use treatment records.
A court order must satisfy applicable Part 2 requirements, which can provide protections beyond those involved in an ordinary request for records.
YOUR RIGHTS
How Part 2 works alongside HIPAA.
HIPAA and Part 2 both protect health information, but Part 2 specifically addresses records connected to substance use disorder treatment.
Recent federal changes have brought parts of the two privacy frameworks closer together while maintaining specific protections for Part 2 records.
Additional rules apply to substance use records.
HIPAA generally permits healthcare information to be used for treatment, payment, and healthcare operations without obtaining a new authorization for each use.
Part 2 places additional requirements on substance use disorder records, including consent requirements and specific protections concerning disclosure and use in legal proceedings.
Recent regulatory changes have aligned portions of Part 2 more closely with HIPAA, including certain breach-notification and complaint processes.
Clients receiving Medication-Assisted Treatment (MAT) receive Part 2 protections for qualifying substance use treatment records as well.
You maintain rights over your information.
Clients can request information about certain disclosures of their Part 2 records and may revoke consent for future uses or disclosures as permitted by law.
Revoking consent does not reverse disclosures that were already made while valid consent was in effect.
Clients may also obtain a copy of applicable written privacy notices and file a complaint if they believe their Part 2 information has been handled improperly.
COMPLAINTS & SUPPORT
Questions or concerns about your Part 2 rights.
Clients can raise concerns about the handling of Part 2 records with Healing Sands or through the appropriate federal complaint process.
Retaliation against a client for filing a complaint is prohibited.
You have a federal complaint option.
Concerns about Part 2 records may be submitted to the Healing Sands Privacy Officer or to the U.S. Department of Health and Human Services Office for Civil Rights (OCR).
Complaints generally should be filed within 180 days of discovering the issue and may be submitted through available federal complaint channels.
You may contact the Healing Sands Privacy Officer before filing externally, but you are not required to do so.
Filing a complaint does not change the quality of care you are entitled to receive.
You don't have to interpret the rules alone.
Understanding consent and confidentiality rules shouldn’t require clients or families to work through federal regulations on their own.
Before treatment begins, the Healing Sands team can explain what these protections mean, how consent works, and when treatment information may or may not be disclosed.
- PART 2 FAQ
Common questions about Part 2 protections.
Does one consent form cover every future disclosure now?
A consent may cover future uses and disclosures for treatment, payment, and healthcare operations as permitted under the current Part 2 rules.
Uses or disclosures outside the scope of that consent, and certain specially protected counseling notes, may require separate authorization.
Can a provider who receives records share them with someone else?
It depends on who receives the records and the purpose of the subsequent disclosure.
Current rules permit certain further uses and disclosures consistent with HIPAA after Part 2 records reach an appropriate HIPAA-covered entity, while applicable Part 2 protections and notice requirements continue to apply.
Is a divorce or custody case automatically a reason for disclosure?
No. A divorce or custody dispute by itself does not automatically permit disclosure of Part 2 records.
Court-ordered disclosure must satisfy the specific requirements that apply under Part 2.
What happens if consent is canceled during treatment?
Revoking consent stops future uses or disclosures covered by that consent as provided by applicable law.
It does not undo information that was already disclosed while the consent was valid.
Are counseling notes treated differently?
Yes. Certain substance use disorder counseling notes receive additional protection and may require separate consent apart from consent covering other treatment records.
Does Part 2 apply to clients receiving MAT?
Yes. Qualifying substance use disorder treatment records involving Medication-Assisted Treatment receive Part 2 protections just like other covered substance use treatment records.
Who enforces Part 2?
Federal oversight involves the U.S. Department of Health and Human Services, including the Office for Civil Rights, following the recent Part 2 regulatory changes.
If you're in immediate danger, call 911. For mental-health crisis support, call or text 988.
Every conversation is confidential — protected by HIPAA and 42 CFR Part 2.
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