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Guidelines for Responding to Law Enforcement Requests for Alcohol and Drug Abuse Patient Records

NCJ Number
88137
Date Published
1980
Length
76 pages
Annotation
Federal confidentiality regulations and the authorizing legislation accompanied by an interpretive letter provide guidance for responding to police requests for alcohol and drug abuse patient records.
Abstract
Guidelines for complying with the Federal confidentiality regulations apply to the personnel of all alcohol or drug abuse programs conducted, regulated, or directly or indirectly assisted by the Federal Government. They provide information on how to handle police requests for alcohol or drug abuse patient records or other patient identifying information for the purpose of investigating or prosecuting any patient. They do not apply to other types of police requests for patient information, such as requests for information about a patient's treatment during probation, parole, or other pre or posttrial conditional release, which have been consented to by the patient. Any disclosure of patient records or other patient identifying information in response to police requests that are related to the investigation or prosecution of any patient must be authorized by a court order issued in accord with the requirements of 42 CFR Part 2, Subpart E (Federal confidentiality regulations). If a program employee is merely served with compulsory process from a Federal, State, or local court, the employee is prohibited from disclosing the requested patient information under the confidentiality statutes and regulations. Advice is provided on what a program agency should be when an employee is arrested for failing to supply patient records in accordance with confidentiality regulations or must show cause why he/she should not be held in contempt of court. The regulations and authorizing legislation are provided, along with correspondence associated with particular cases.