42 CFR Part 2 and Substance Use Confidentiality
The federal confidentiality rule for substance use disorder (SUD) treatment records: which programs it covers, what records are protected, consent and redisclosure after the 2024 final rule, SUD counseling notes, permitted disclosures, legal proceedings, and how Part 2 works alongside HIPAA.
Online, self-paced · about 50 minutes · graded exam and certificate
Who should take it
Staff of federally assisted SUD programs, and staff of any practice that receives, uses or bills with SUD treatment records from such programs.
National course on the federal Part 2 regulations as revised by the 2024 final rule (compliance date February 16, 2026). State laws on substance use records may be stricter. Whether your organization is a Part 2 program, and how to answer subpoenas or court orders, should be decided with your privacy officer or counsel.
What employees will learn
- ✓Determine whether Part 2 applies to a program or to records you receive.
- ✓Identify what information Part 2 protects, including SUD counseling notes.
- ✓List the core elements of a valid Part 2 consent, including the single consent for treatment, payment and health care operations.
- ✓Explain how recipients may redisclose Part 2 records, and the notice that must accompany disclosures.
- ✓Recognize disclosures permitted without consent.
- ✓Respond correctly to subpoenas and requests for records in legal proceedings.
- ✓Describe how Part 2 now aligns with HIPAA for breach notification, complaints and penalties.
Topics covered
- •Applicability of Part 2
- •Protected substance use disorder records
- •Patient consent requirements
- •Redisclosure
- •Special protections for counseling notes
- •Permissible disclosures
- •Legal proceedings
- •Coordination with HIPAA
- •Current federal regulatory requirements
Sources this course is based on
- Part 2 definitions, including program and SUD counseling notes (42 CFR 2.11) · eCFR
- Applicability, federal assistance and exceptions (42 CFR 2.12) · eCFR
- Security for records and notification of breaches (42 CFR 2.16) · eCFR
- Consent requirements, including SUD counseling notes (42 CFR 2.31) · eCFR
- Notice and copy of consent to accompany disclosure (42 CFR 2.32) · eCFR
- Uses and disclosures permitted with written consent; redisclosure (42 CFR 2.33) · eCFR
- Court orders authorizing use and disclosure (subpart E) (42 CFR 2.61 to 2.68) · eCFR
- Confidentiality of Substance Use Disorder (SUD) Patient Records final rule (89 FR 12472, February 16, 2024) · HHS
This course is not accredited for continuing education credit and is not approved by a government agency. Training supports, but does not guarantee, your organization's compliance. Course content explains federal rules and accepted practice; state requirements may differ.