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June 10, 2021

42 CFR Part 2 and PDMPs: Frequently Asked Questions

Patient privacy and confidentiality is extremely important for patient outcomes and it is also the law. Federal and state privacy laws, including those applicable to prescription drug monitoring programs (PDMPs), provide protection for patients who seek or obtain medical care, and there are heightened legal protections for the privacy substance use disorder (SUD) treatment information. 42 CFR Part 2 (known as “Part 2”) serves to protect patient records created by certain federally assisted programs for SUD treatment.
These regulations, “Confidentiality of Substance Use Disorder Patient Records,” were first promulgated in 1975 to address concerns about the potential use of SUD information against patients. 42 CFR Part 2 regulations are intended to ensure that a patient receiving SUD treatment from a 42 CFR Part 2 Program does not face adverse consequences.

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