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Disclosure of Substance Abuse Records Pursuant to a Court Order: 50 State Comparison


This comparative map shows the requirements for disclosure of substance abuse patient records pursuant to a court order 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 prohibits court orders for certain purposes that Part 2 permits and/or has additional procedural requirements beyond what Part 2 requires) 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 procedural requirements for court orders than Part 2 or permits a court order for a purpose that Part 2 would prohibit, meaning that 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 court orders 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


State Disclosure Pursuant to a Court Order Requirements as Compared to Part 2
  • Stricter than Part 2
  • Same as Part 2
  • Less strict than Part 2/Part 2 Controls
  • No law specifying court order requirements; Part 2 controls
  • State has separate requirements for entities not governed by Part 2



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StateState Disclosure Pursuant to a Court Order Requirements as Compared to Part 2Details
AlabamaSame 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. 

AlaskaNo law specifying court order requirements; Part 2 controls
ArizonaNo law specifying court order requirements; Part 2 controls
ArkansasNo law specifying court order requirements; Part 2 controls
CaliforniaState has separate requirements for entities not governed by Part 2

Cal. Health & Safety Code § 11845.5: Substance abuse treatment information may be disclosed pursuant to a court order upon application showing probable cause; application must meet procedural requirements of Cal. Penal Code§ 1524(c).

ColoradoSame as Part 2

Colo. Rev. Stat. § 27-82-109: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

ConnecticutLess strict than Part 2/Part 2 Controls

Conn. Gen. Stat. § 17a-688: Substance abuse treatment information may be disclosed if a court holds a hearing and determines that there is cause for disclosure. 

DelawareSame as Part 2

Del. Code Ann. tit. 24 § 3042: Substance abuse treatment information may not be disclosed unless the information is disclosed in accordance with Part 2.

District of ColumbiaNo law specifying court order requirements; Part 2 controls
FloridaSame as Part 2

Fla. Stat. Ann. § 397.501: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

GeorgiaLess strict than Part 2/Part 2 Controls

Ga. Code Ann. § 37-7-166: Substance abuse treatment information may be disclosed pursuant to court order provided that the court conducts a full and fair show cause hearing. 

HawaiiLess strict than Part 2/Part 2 Controls

Haw. Rev. Stat. § 334-5: Substance abuse treatment information may be disclosed pursuant to a court order upon a determination that disclosure is necessary for a proceeding before it, and failure to disclose would be contrary to the public interest.

IdahoSame as Part 2

Idaho Admin. Code r. 16.07.50.261: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

IllinoisSame as Part 2

20 Ill. Comp. Stat. 301/30-5(bb): A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

IndianaSame as Part 2

Ind. Code Ann. § 16-39-1-9: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

IowaSame as Part 2

Iowa Admin. Code r. 641-155.25(12): Treatment facilities must develop policies and procedures governing disclosure of substance abuse treatment information to ensure that records are maintained in accordance with Part 2.

KansasLess strict than Part 2/Part 2 Controls

Kan. Stat. Ann. § 59-29b79: A court may authorize disclosure of substance abuse treatment information upon a determination that the records are necessary for a proceeding before it and the information is otherwise admissible as evidence.

KentuckySame as Part 2

908 Ky. Rev. Stat. 1:320: Federally-assisted substance abuse treatment programs must protect substance abuse records in accordance with Part 2.

LouisianaSame as Part 2

La. Admin. Code tit. 46, § 7435: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

MaineNo law specifying court order requirements; Part 2 controls
MarylandSame as Part 2

MD. Code Ann., Health—Gen § 8-601: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

MassachusettsLess strict than Part 2/Part 2 Controls

105 Mass. Code Regs. 164.084: Substance abuse treatment information may be disclosed pursuant to court order.

MichiganState has separate requirements for entities not governed by Part 2

Mich. Comp. Laws § 330.1263: Information regarding whether a specific individual is under treatment by a program may be disclosed pursuant to court order; other respects, substance abuse treatment information shall be kept confidential in manner equivalent to the physician-patient relationship.

MinnesotaState has separate requirements for entities not governed by Part 2

Minn. Stat. § 254A.09: “[P]ersons authorized to protect the privacy of subjects of research may not be compelled in any federal, state or local, civil, criminal, administrative or other proceeding to identify or disclose other confidential information about the individuals.” However, a court may order the disclosure of information if it is relevant to a civil or criminal investigation or proceeding, and that the public interest and need for disclosure is weighed against injury to the patient and treatment program. Court ordered disclosures must comply with the procedural requirements in in Minn. Stat. § 595.02(2).

MississippiLess strict than Part 2/Part 2 Controls

Miss. Code. Ann. § 41-30-33: A court may authorize the disclosure of substance abuse treatment information upon application showing good cause; the court in determining whether to order the disclosure weighs the need for the information against the potential harm to the patient.

MissouriLess strict than Part 2/Part 2 Controls

Mo. Rev. Stat. § 630.140: A court or administrative agency may authorize the disclosure of substance abuse treatment information.

MontanaLess strict than Part 2/Part 2 Controls

Mont. Code Ann. § 53-21-166: Substance abuse treatment information may be disclosed to the courts “as necessary for the administration of justice,” or to an individual or entity pursuant to court order, “after notice and opportunity for hearing to the person whom the record or information pertains.”

NebraskaSame as Part 2

Neb. Admin. Code 15-016.02: Violation of Part 2 constitutes unprofessional conduct of alcohol and drug counselors.

NevadaSame as Part 2

Nev. Admin. Code § 458.163: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

New HampshireStricter than Part 2

N.H. Rev. Stat. Ann. § 172:8-a: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied, except that substance abuse treatment information is never discoverable in a criminal prosecution.

New JerseyState has separate requirements for entities not governed by Part 2

N.J. Stat. Ann. § 26:2B-20Substance abuse treatment information may be disclosed pursuant to a “proper judicial order, whether in connection with pending judicial proceedings or otherwise.” N.J. Stat. Ann. § 45:2D-11: A licensed alcohol or drug counselor may not disclose confidential patient information unless the disclosure is permitted by Part 2.

New MexicoNo law specifying court order requirements; Part 2 controls
New YorkLess strict than Part 2/Part 2 Controls

N.Y. Comp. Codes R. & Regs. tit. 14, § 815.4: Substance abuse treatment information may be disclosed pursuant to court order.

North CarolinaLess strict than Part 2/Part 2 Controls

N.C. Gen. Stat. §§ 122C-52—122c-56: Substance abuse treatment information may be disclosed pursuant to court order.

North DakotaSame as Part 2

N.D. Admin. Code 75-09.1-01-23: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

OhioStricter than Part 2

Ohio Stat. Ann. § 5119.27: A court may authorize disclosure of substance abuse treatment information only if there is reason to believe that the facility is being operated illegally, and only if the court  takes appropriate precautions to limit disclosure. 

OklahomaLess strict than Part 2/Part 2 Controls

Okla. Stat. tit. 43, §1-109: Substance abuse treatment information may be disclosed pursuant to court order.

OregonSame as Part 2

Or. Admin. R. 407-014-0020: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

PennsylvaniaStricter than Part 2

Pa. Cons. Stat. § 1690.108: Substance abuse treatment information may be disclosed pursuant to order by the court of common pleas upon application showing good cause for disclosure. The court, in determining whether to order disclosure, weighs the need for the information against the potential harm to the patient. The court may condition the disclosure on certain safeguards. The records may not be utilized to bring criminal charges against the patient.

Rhode IslandSame as Part 2

R.I. Gen. Laws § 5-69-10: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

South CarolinaLess strict than Part 2/Part 2 Controls

S.C. Code Ann. § 44-22-100: Substance abuse treatment information may be disclosed pursuant to court order if the court finds, after conducting a proceeding, that the disclosure is necessary, and failure to make the disclosure would be contrary to the public interest.

South DakotaSame as Part 2

S.D. Admin. R. 46:05:07:02: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

TennesseeNo law specifying court order requirements; Part 2 controls
TexasLess strict than Part 2/Part 2 Controls

Tex. Health & Safety Code § 611.004: Substance abuse treatment information may be disclosed pursuant to court order.

UtahState has separate requirements for entities not governed by Part 2

Utah Code Ann. § 58-60-509: Treatment information may be disclosed in an administrative, civil, or criminal proceeding if permitted by Rule 506, Utah Rules of Evidence.

VermontSame as Part 2

12 5 Vt. Code R. 100 Attachment B: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

VirginiaSame as Part 2

12 Va. Admin. Code 35-115-80 & 18 Va. Admin. Code 115-30-140: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied.

WashingtonLess strict than Part 2/Part 2 Controls

Wash. Rev. Code § 70.96A.150: Substance abuse treatment information may be disclosed pursuant to court order upon application showing good cause for the disclosure.

West VirginiaNo law specifying court order requirements; Part 2 controls
WisconsinLess strict than Part 2/Part 2 Controls

Wis. Stat. Ann. § 51.30: Substance abuse treatment information may be disclosed pursuant to a lawful court order

WyomingSame as Part 2

6 4 Wyo. Code R. § 2: A court may authorize disclosure of substance abuse treatment information when the conditions set forth in Part 2 are satisfied