Disclosure of Substance Abuse Records With Patient Consent: 50 State Comparison
This comparative map shows requirements for the disclosure of substance abuse patient records with patient consent in all 50 states plus the District of Columbia as compared to 42 CFR Part 2. The map shows if a state has stricter requirements than Part 2 (the state has requirements for consent in addition to those required by Part 2) or the same as Part 2 (the state incorporates Part 2 by reference or has requirements identical to Part 2). The map also shows whether a state has fewer requirements for consent than Part 2; where a state's requirements are less strict than Part 2, the Part 2 would supersede the state's requirements. A final category shows states that have requirements applicable only to entities not governed by Part 2 (e.g., programs that are not federally assisted). States with these laws often also have laws relating to Part 2 entities, which may be the same, stricter, or less stringent than Part 2 requirements. Details of the requirements for disclosures are included in the details below and in the summaries of individual state laws.
[Last Updated: 10/24/2013]
Click on a state to see more information on Privacy and Confidentiality in that state
- Stricter than Part 2
- Same as Part 2
- Less strict than Part 2/Part 2 Controls
- No law specifying consent requirements; Part 2 controls
- State has separate requirements for entities not governed by Part 2
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| State | State Consent Requirements for Disclosure of Records as Compared with Part 2 | Details |
|---|---|---|
| Alabama | Same as Part 2 | Ala. Admin. Code r. 580-9-44-.06: Substance abuse treatment facilities must develop policies and procedures to ensure compliance with Part 2. |
| Alaska | No law specifying consent requirements; Part 2 controls | Alaska Stat. § 47.37.210: Disclosure of substance abuse treatment information with the consent of the client is not addressed. |
| Arizona | No law specifying consent requirements; Part 2 controls | |
| Arkansas | Stricter than Part 2 | Ark. Admin. Code 016.04.4-28: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements; the consent form must also contain a statement addressing “(t)he program's ability to condition treatment, payment, enrollment or eligibility of benefits on the client agreeing to sign the consent, by stating either that the program may not condition these services on the client signing the consent, or the consequences for the client refusing to sign the consent.” |
| California | Less strict than Part 2/Part 2 Controls | Cal. Health & Safety Code § 11845.5: A patient may consent to the disclosure of information relating to their substance abuse treatment by signing a written release that states the purpose of disclosure. |
| Colorado | Same as Part 2 | Colo. Rev. Stat. § 27-82-109: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Connecticut | State has separate requirements for entities not governed by Part 2 | Conn. Gen. Stat. § 17a-688: A patient may consent to the disclosure of information relating to their substance abuse treatment. Disclosure is not permitted if it would violate Part 2. |
| Delaware | State has separate requirements for entities not governed by Part 2 | Del. Code Ann. tit. 16 § 2220: A client may consent to the disclosure of information relating to their substance abuse treatment; Del. Code Ann. tit. 24 § 3042: a chemical dependency professional may not disclose information unless in accordance with Part 2. |
| District of Columbia | Less strict than Part 2/Part 2 Controls | D.C. Code § 7-3006: A patient may consent to the disclosure of information relating to their substance abuse treatment in writing. |
| Florida | State has separate requirements for entities not governed by Part 2 | Fla. Stat. Ann. § 397.501: A patient may consent to the disclosure of information relating to their substance abuse treatment by providing written permission. Substance abuse treatment records are confidential in accordance with Part 2. |
| Georgia | Less strict than Part 2/Part 2 Controls | Ga. Code Ann. § 37-7-166: A patient may consent to the disclosure of information relating to their substance abuse treatment in writing. |
| Hawaii | State has separate requirements for entities not governed by Part 2 | Haw. Rev. Stat. § 334-5: A patient may consent to the disclosure of information relating to their substance abuse treatment. The Hawaii statute does not preclude application of the more restrictive rules in Part 2. |
| Idaho | Same as Part 2 | Idaho Admin. Code r. 16.07.50.261: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Illinois | Same as Part 2 | 20 Ill. Comp. Stat. 301/30-5(bb): A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Indiana | Same as Part 2 | Ind. Code Ann. § 16-39-1-9: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Iowa | State has separate requirements for entities not governed by Part 2 | Iowa Admin. Code r. 641-155.25(12): Treatment facilities must develop policies and procedures governing consent to disclosure of substance abuse treatment information to ensure compliance with Part 2. A patient may consent to the disclosure of information relating to their substance abuse treatment by signing a written release. |
| Kansas | Less strict than Part 2/Part 2 Controls | The procedural requirements for consent in Kansas are less protective than Part 2, meaning that Part 2 requirements related to consent are applicable to federally-funded entities (see Kan. Stat. Ann. § 59-29b79 providing that a patient may consent to the disclosure of information relating to their substance abuse treatment in writing). Kansas provides greater confidentiality protections available to the head of a treatment facility; Kan. Stat. Ann. § 59-29b79: the head of the facility may refuse to disclose parts of a record if he or she states in writing that the disclosure would harm the patient or former patient. |
| Kentucky | Same as Part 2 | 908 Ky. Rev. Stat. 1:320: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Louisiana | Same as Part 2 | La. Admin. Code tit. 46, § 7435: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Maine | No law specifying consent requirements; Part 2 controls | Me. Rev. Stat. Ann. tit. 24-A, § 2842; Me. Rev. Stat. Ann. tit. 5, § 20047: Disclosure of substance abuse treatment information with the consent of the client is not addressed. |
| Maryland | Same as Part 2 | MD. Code Ann., Health—Gen § 8-601: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Massachusetts | Less strict than Part 2/Part 2 Controls | Mass. Gen. Laws. ch. 111E § 18: A patient may consent to the disclosure of information relating to their substance abuse treatment by providing the name of the person or organization to which the disclosure is to be made, the specific type of information to be disclosed, and the purpose for the disclosure. |
| Michigan | State has separate requirements for entities not governed by Part 2 | Mich. Comp. Laws § 330.1262: Consent authorization and revocation must comply with Part 2. Mich. Comp. Laws § 330.1263: A patient may consent to the disclosure of information relating to their substance abuse treatment by providing written permission. |
| Minnesota | Less strict than Part 2/Part 2 Controls | Minn. Stat. § 254A.09: A patient may consent to the disclosure of information relating to their substance abuse treatment by providing written permission. |
| Mississippi | Less strict than Part 2/Part 2 Controls | Miss. Code. Ann. § 41-30-33: A patient may consent to the disclosure of information relating to their substance abuse treatment. |
| Missouri | Less strict than Part 2/Part 2 Controls | Mo. Rev. Stat. § 630.140: A patient may consent to the disclosure of information relating to their substance abuse treatment. |
| Montana | Less strict than Part 2/Part 2 Controls | Mont. Code Ann. § 53-21-166: A patient may consent to the disclosure of information relating to their substance abuse treatment. |
| Nebraska | State has separate requirements for entities not governed by Part 2 | Neb. Admin. Code 15-016.02: Violation of Part 2 constitutes unprofessional conduct of alcohol and drug counselors. A patient may consent to the disclosure of information relating to their substance abuse treatment by providing written permission. |
| Nevada | Same as Part 2 | Nev. Admin. Code § 458.163: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| New Hampshire | Less strict than Part 2/Part 2 Controls | N.H. Rev. Stat. Ann. § 172:8-a: A patient may consent to the disclosure of information relating to their substance abuse treatment by providing written permission. |
| New Jersey | Same as Part 2 | N.J. Stat. Ann. § 45:2D-11: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| New Mexico | Less strict than Part 2/Part 2 Controls | N.M. Reg. 16.27.18.17: A patient may consent to the disclosure of information relating to their substance abuse treatment by providing written permission. |
| New York | Same as Part 2 | N.Y. Comp. Codes R. & Regs. tit. 14, § 815.4: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| North Carolina | Less strict than Part 2/Part 2 Controls | The procedural requirements for consent in North Carolina are less protective than Part 2, meaning that Part 2 requirements related to consent are applicable to federally-funded entities (see N.C. Gen. Stat. §§ 122C-52—122c-56 providing that a patient may consent to the disclosure of information relating to their substance abuse treatment in writing). North Carolina provides greater confidentiality protections available to the head of a treatment facility; N.C. Gen. Stat. §§ 122C-52—122c-56: the head of the facility may refuse to disclose parts of a record if he or she determines that the disclosure would be “injurious to the client's physical or mental well-being.” |
| North Dakota | Same as Part 2 | N.D. Admin. Code 75-09.1-01-23: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Ohio | Less strict than Part 2/Part 2 Controls | Ohio Stat. Ann. § 5119.27: A patient may consent to the disclosure of information relating to their substance abuse treatment by signing a written release, which explicitly identifies the intended recipient of the disclosed information, describes the information to be disclosed, and describes the purposes of disclosure. |
| Oklahoma | Stricter than Part 2 | Okla. Stat. tit. 43, §1-109: A patient may consent to the disclosure of information relating to their substance abuse treatment by providing written permission. The statute limits the type of information that may be disclosed to the patient with consent. |
| Oregon | Same as Part 2 | Or. Admin. R. 407-014-0020: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Pennsylvania | Less strict than Part 2/Part 2 Controls | Pa. Cons. Stat. § 1690.108: A patient may consent to the disclosure of information relating to their substance abuse treatment. |
| Rhode Island | Same as Part 2 | R.I. Gen. Laws § 5-69-10: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| South Carolina | Less strict than Part 2/Part 2 Controls | S.C. Code Ann. § 44-22-100: A patient may consent to the disclosure of information relating to their substance abuse treatment. |
| South Dakota | Same as Part 2 | S.D. Admin. R. 46:05:07:02: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Tennessee | Less strict than Part 2/Part 2 Controls | Tenn. Code Ann. § 33-10-408: Disclosure of substance abuse treatment information with the consent of the client is not addressed. |
| Texas | Less strict than Part 2/Part 2 Controls | Tex. Health & Safety Code § 611.004: A patient may consent to the disclosure of information relating to their substance abuse treatment by providing written permission. |
| Utah | Less strict than Part 2/Part 2 Controls | Utah Code Ann. § 58-60-509: A patient may consent to the disclosure of information relating to their substance abuse treatment. |
| Vermont | Same as Part 2 | 12 5 Vt. Code R. 100 Attachment B: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Virginia | Same as Part 2 | 12 Va. Admin. Code 35-115-80: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements (see also 18 Va. Admin. Code 115-30-140 setting requirements for substance abuse counselors, including duties related to confidentiality of patient records). |
| Washington | Less strict than Part 2/Part 2 Controls | Wash. Rev. Code § 70.96A.150: A patient may consent to the disclosure of information relating to their substance abuse treatment by providing written permission. |
| West Virginia | No law specifying consent requirements; Part 2 controls | |
| Wisconsin | Same as Part 2 | Wis. Stat. Ann. § 51.30: A patient may consent to the disclosure of information relating to their substance abuse treatment by fulfilling all Part 2 requirements. |
| Wyoming | State has separate requirements for entities not governed by Part 2 | 6 4 Wyo. Code R. § 2: Substance abuse treatment programs shall ensure compliance with Part 2. A patient may consent to the disclosure of information relating to their substance abuse treatment by providing written permission. |
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