42 CFR Part 2 Court Order Exception (42 CFR 2.61-2.67)
The narrow exception permitting disclosure of Part 2 records pursuant to a court order issued after specific good cause findings.
Primary source
42 CFR Part 2 Subpart E — eCFR →https://www.ecfr.gov/current/title-42/chapter-I/subchapter-A/part-2/subpart-E
Verified May 23, 2026 · This is the authoritative regulator URL. The summary below is a research aid; the linked source controls.
Subpart E of Part 2 (42 CFR 2.61-2.67) governs the court-order exception — the principal pathway by which Part 2 records can be compelled in litigation or criminal proceedings without patient consent.
The court must make specific findings of good cause. For non-criminal proceedings: other ways of obtaining the information are not available or would not be effective; and the public interest and need for disclosure outweigh the potential injury to the patient, the patient-program relationship, and the program's treatment services.
For criminal investigations or prosecutions of patients: the additional findings include that the crime is extremely serious (e.g., causing or threatening loss of life or serious bodily injury), that there is reasonable likelihood the records will contain information of substantial value to the investigation, and that other ways of obtaining the information are not available.
A subpoena alone is not enough. A grand jury subpoena, administrative subpoena, or discovery request must be accompanied by the requisite court order with good-cause findings before a Part 2 program may comply. Practices receiving Part 2 demands should consult counsel before disclosing.
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Related across the archive
- Regulation42 CFR Part 2 Medical Emergency Exception (42 CFR 2.51)Permitted disclosures to medical personnel to the extent necessary to meet a bona fide medical emergency posing an immediate threat to the patient's or another's health.
- 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.
- Regulation42 CFR Part 2 Patient Consent (42 CFR 2.31)Required elements for written consent to disclose SUD treatment records under Part 2, including the prohibition on redisclosure notice.
- Glossary42 CFR Part 2 (SUD Records)Federal regulation providing heightened confidentiality protection for substance use disorder treatment records.
- Regulation42 CFR Part 2 2024 Final Rule HIPAA AlignmentThe 2024 Final Rule's substantive alignment of Part 2 with HIPAA for TPO consent, breach notification, accounting, civil and criminal enforcement, and a single patient notice.
Last reviewed May 23, 2026 · Citation verified May 23, 2026
Research aid, not legal advice. This summary is an administrative research aid prepared by D3rx. It does not certify compliance, provide legal advice, replace counsel, or guarantee an audit outcome. For authoritative regulatory text follow the primary source link at the top of this page. The practice remains responsible for reviewing, adopting, and maintaining its compliance program.