42 CFR Part 2 (SUD Records)
Federal regulation providing heightened confidentiality protection for substance use disorder treatment records.
1 min read · Last reviewed May 23, 2026
At a glance
- Category
- Compliance Program
- Primary sources
- 1
- Workspace handoff
- compliance binder →
Where this comes up
Compliance committees and practice managers operate at this level — written policy, workforce training, sanction policy, monitoring and auditing cadence, response and corrective action. The seven elements of an effective compliance program (OIG) are the scaffolding; this term lives somewhere on that scaffold.
Full definition
What it is in practice
42 CFR Part 2 restricts disclosure of SUD records by federally-assisted SUD programs. Recent revisions partially align Part 2 with HIPAA but maintain more restrictive consent requirements.
How it shows up in your practice
If your practice treats SUD or receives SUD records from a Part 2 program, the heightened consent and re-disclosure rules apply. Segregate Part 2 records or maintain integrated consent processes.
Sources
- 42 CFR Part 2 — SUD recordshttps://www.ecfr.gov/current/title-42/chapter-I/subchapter-A/part-2
Document Part 2 procedures in the Compliance Binder
Open compliance binder →Related terms
- HIPAA & PrivacyHIPAA Privacy RuleThe federal regulation at 45 CFR Part 164 Subpart E that governs the use and disclosure of PHI.
- HIPAA & PrivacyAuthorization for DisclosureA written authorization signed by the individual permitting a covered entity to use or disclose PHI for a purpose not otherwise permitted by the Privacy Rule.
- DocumentationRelease of Information (ROI)The process of disclosing patient records to authorized parties pursuant to a valid authorization or other permitted purpose.
D3rx is a healthcare-billing and compliance research aid maintained by D3rx Inc. Articles are drafted by an LLM (Anthropic Claude) against primary HHS, OCR, CMS, eCFR, NIST, and state-regulator publications, and reviewed for restraint and source fidelity by the D3rx team.
Reviewer status: a named credentialed reviewer (CHC, CHPC, or healthcare attorney) is being engaged. Until that engagement is finalized, this page does not claim credentialed review.
Related across the archive
- GlossaryAuthorization for DisclosureA written authorization signed by the individual permitting a covered entity to use or disclose PHI for a purpose not otherwise permitted by the Privacy Rule.
- GlossaryHIPAA Privacy RuleThe federal regulation at 45 CFR Part 164 Subpart E that governs the use and disclosure of PHI.
- GlossaryRelease of Information (ROI)The process of disclosing patient records to authorized parties pursuant to a valid authorization or other permitted purpose.
- ComplianceBehavioral Health Compliance: 42 CFR Part 2 + HIPAA TogetherHow SAMHSA's 42 CFR Part 2 framework for substance use disorder records overlays HIPAA after the 2024 final rule alignment, and what behavioral health practices must document.
- CompliancePsychiatry Compliance: Controlled Substances + 42 CFR Part 2 + TelepsychiatryDEA controlled-substance prescribing, 42 CFR Part 2 SUD confidentiality, the DEA/HHS fourth temporary telemedicine extension through December 31, 2026, and the documentation surveyors actually sample first.
- Regulation42 CFR Part 2: Confidentiality of Substance Use Disorder RecordsHeightened federal confidentiality protections for records held by federally assisted SUD programs, with prior-written-consent and segregation requirements that differ from HIPAA.
- SRAHIPAA Risk Analysis for a Mental Health PracticeWhat therapists, psychologists, and psychiatry practices need in a HIPAA Security Risk Analysis, including the psychotherapy notes carve-out at 45 CFR 164.501 and 164.508(a)(2).
- BillingWhat to Do When a Payer Says You're UnderbillingGot a letter saying you're underbilling? Here's what it actually means, whether you should worry, and what action to take.
This glossary entry is a research aid for billing and compliance staff. It does not provide legal, medical, or financial advice and does not replace counsel. References cited link to primary sources at HHS, OCR, CMS, eCFR, NIST, and the relevant payer or industry body.