42 U.S.C. § 290dd-2 : US Code - Section 290DD-2: Confidentiality of records

Search 42 U.S.C. § 290dd-2 : US Code - Section 290DD-2: Confidentiality of records

(a) Requirement
Records of the identity, diagnosis, prognosis, or treatment of
any patient which are maintained in connection with the performance
of any program or activity relating to substance abuse education,
prevention, training, treatment, rehabilitation, or research, which
is conducted, regulated, or directly or indirectly assisted by any
department or agency of the United States shall, except as provided
in subsection (e) of this section, be confidential and be disclosed
only for the purposes and under the circumstances expressly
authorized under subsection (b) of this section.
(b) Permitted disclosure
(1) Consent
The content of any record referred to in subsection (a) of this
section may be disclosed in accordance with the prior written
consent of the patient with respect to whom such record is
maintained, but only to such extent, under such circumstances,
and for such purposes as may be allowed under regulations
prescribed pursuant to subsection (g) of this section.
(2) Method for disclosure
Whether or not the patient, with respect to whom any given
record referred to in subsection (a) of this section is
maintained, gives written consent, the content of such record may
be disclosed as follows:
(A) To medical personnel to the extent necessary to meet a
bona fide medical emergency.
(B) To qualified personnel for the purpose of conducting
scientific research, management audits, financial audits, or
program evaluation, but such personnel may not identify,
directly or indirectly, any individual patient in any report of
such research, audit, or evaluation, or otherwise disclose
patient identities in any manner.
(C) If authorized by an appropriate order of a court of
competent jurisdiction granted after application showing good
cause therefor, including the need to avert a substantial risk
of death or serious bodily harm. In assessing good cause the
court shall weigh the public interest and the need for
disclosure against the injury to the patient, to the physician-
patient relationship, and to the treatment services. Upon the
granting of such order, the court, in determining the extent to
which any disclosure of all or any part of any record is
necessary, shall impose appropriate safeguards against
unauthorized disclosure.
(c) Use of records in criminal proceedings
Except as authorized by a court order granted under subsection
(b)(2)(C) of this section, no record referred to in subsection (a)
of this section may be used to initiate or substantiate any
criminal charges against a patient or to conduct any investigation
of a patient.
(d) Application
The prohibitions of this section continue to apply to records
concerning any individual who has been a patient, irrespective of
whether or when such individual ceases to be a patient.
(e) Nonapplicability
The prohibitions of this section do not apply to any interchange
of records - 
(1) within the Uniformed Services or within those components of
the Department of Veterans Affairs furnishing health care to
veterans; or
(2) between such components and the Uniformed Services.
The prohibitions of this section do not apply to the reporting
under State law of incidents of suspected child abuse and neglect
to the appropriate State or local authorities.
(f) Penalties
Any person who violates any provision of this section or any
regulation issued pursuant to this section shall be fined in
accordance with title 18.
(g) Regulations
Except as provided in subsection (h) of this section, the
Secretary shall prescribe regulations to carry out the purposes of
this section. Such regulations may contain such definitions, and
may provide for such safeguards and procedures, including
procedures and criteria for the issuance and scope of orders under
subsection (b)(2)(C) of this section, as in the judgment of the
Secretary are necessary or proper to effectuate the purposes of
this section, to prevent circumvention or evasion thereof, or to
facilitate compliance therewith.
(h) Application to Department of Veterans Affairs
The Secretary of Veterans Affairs, acting through the Under
Secretary for Health, shall, to the maximum feasible extent
consistent with their responsibilities under title 38, prescribe
regulations making applicable the regulations prescribed by the
Secretary of Health and Human Services under subsection (g) of this
section to records maintained in connection with the provision of
hospital care, nursing home care, domiciliary care, and medical
services under such title 38 to veterans suffering from substance
abuse. In prescribing and implementing regulations pursuant to this
subsection, the Secretary of Veterans Affairs shall, from time to
time, consult with the Secretary of Health and Human Services in
order to achieve the maximum possible coordination of the
regulations, and the implementation thereof, which they each
prescribe.