42 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.
Primary source
42 CFR 2.51 — eCFR →https://www.ecfr.gov/current/title-42/chapter-I/subchapter-A/part-2/subpart-D/section-2.51
Verified May 23, 2026 · This is the authoritative regulator URL. The summary below is a research aid; the linked source controls.
42 CFR 2.51 permits a Part 2 program to disclose patient identifying information to medical personnel to the extent necessary to meet a bona fide medical emergency in which the patient's prior informed consent cannot be obtained.
A bona fide medical emergency is interpreted narrowly. The disclosure must be limited to the information necessary to address the emergency. After the disclosure, the program must immediately document: the name of the medical personnel to whom disclosure was made and their affiliation; the name of the program-individual making the disclosure; the date and time of disclosure; and the nature of the emergency.
This exception is the principal pathway by which an SUD patient's records can reach an emergency department in real time without a prior consent in place. It does not authorize standing arrangements for routine clinical sharing — those still require a 2.31 consent.
In practice, EHRs holding both Part 2 and non-Part 2 information must segregate Part 2 data such that routine clinical exchange does not inadvertently disclose Part 2-protected records. The 2024 Final Rule did not eliminate this segregation duty.
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Related across the archive
- 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.
- Regulation42 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.
- 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.
- 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.