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Federal Confidentiality Laws and How They Effect Drug Court Practitioners

NCJ Number
179655
Author(s)
Jeffrey Tauber; Susan P. Weinstein; David Taube
Date Published
1999
Length
37 pages
Annotation
This booklet provides an overview of how Federal confidentiality laws affect the daily practice of drug court practitioners nationwide.
Abstract
The aim of the booklet is to help drug courts implement procedures that will not only satisfy Federal confidentiality requirements, but also meet the practitioners' need to share information in the furtherance of drug-court goals. Four themes are developed in the booklet. First, drug courts are required to comply with State and Federal confidentiality laws. Second, drug court practitioners should recognize both the valuable function that these laws serve and their impact on the operation of drug courts. Third, most conflicts between confidentiality laws and drug court procedures can be resolved through the use of consent forms that are drafted and executed in accordance with the regulations that implement Section 290dd-2. Fourth, although consent is a useful tool, drug courts also should be willing to modify their procedures in order to accommodate confidentiality requirements, when doing so will further the court's goals. Awareness of these principles should prevent problems that would result from failure to comply with confidentiality laws. Appended sample forms

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