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Substance Use Disorder (42 CFR Part 2)

What is 42 CFR Part 2?

Often referred to simply as ‘Part 2’, this law focuses on protecting the confidentially of individuals seeking Substance Use Disorder (SUD) treatment.

Those who struggle with SUD should be encouraged to seek help and should not be fearful that their sensitive information may be shared in impermissible ways. Trusting that their information will be kept secure is one of the major factors that encourages these individuals to seek help and treatment.

For people receiving SUD treatment, these protections mean that they can share information about their current or past situations without worrying that it can be used against them by the police, a landlord, a judge, or social worker.

All personal information, especially individually identifiable health information, should be protected. SUD information is no different, but there are a few additional requirements to be Part 2 compliant.

Who is Required to Comply with Part 2?

A unit is subject to 42 CFR Part 2 if it:

  • Is federally assisted, directly or indirectly; and
  • Provides diagnosis, treatment, or referral for treatment for substance use disorders; and
  • Identifies itself as providing SUD services or its primary function includes SUD services.

Part 2 and Research

Research activities rarely meet the definition of a Part 2 program because they typically do not provide diagnosis, treatment, or referral for treatment of substance use disorders, which is a core requirement under 42 CFR Part 2. Additionally, research units generally to not provide the primary function of delivering SUD services, even when they handle or analyze data received from Part 2 programs.

Does your unit or research qualify?

If you believe your unit, department, or research project may need to be Part 2 compliant, contact University Privacy and submit a explanation of the activities that will be performed. University Privacy will review your program and determine if Part 2 compliance is required. If it is determined that Part 2 is applicable to the work being performed, your unit will receive training to ensure you are able to meet with obligations of a Part 2 program.