Drug Treatment Records - Part 2

Drug Court

Drug Treatment Records - Part 2

Case Year: 
2010

The Drug Abuse Prevention, Treatment, and Rehabilitation Act enacted to expand access and accessibility to substance abuse treatment programs, provides a statutory scheme to ensure confidentiality of patient records (commonly referred to as Part-2). The general rule is that for participants in alcohol and drug treatment programs, patient-identifying information cannot be shared. However, the federal regulations carve out exceptions. Information can be shared where there is proper written consent.  The consent has numerous mandatory requirements in order to satisfy the Code, and care should be taken to properly draft and utilize a model consent/release form. (Id. at pg. 187)