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Disclosure of Substance Abuse Records Without Patient Consent: 50 State Comparison


This comparative map shows the requirements for disclosure of substance abuse patient records without 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 prohibits certain types of disclosures that Part 2 permits) 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 permits disclosures that Part 2 prohibits; in this case, Part 2 requirements 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 may also have laws relating to Part 2 entities that could 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


State Disclosure Without Consent Requirements Compared with Part 2
  • Stricter than Part 2
  • Same as Part 2
  • Less strict than Part 2/Part 2 Controls
  • No law specifying disclosure requirements; Part 2 applies
  • State has separate requirements for entities not governed by Part 2



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StateState Disclosure Without Consent Requirements Compared with 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. 

AlaskaStricter than Part 2

Alaska Stat. § 47.37.210: Part 2 procedural requirements apply to federally-funded entities, but disclosure requirements are more protective than Part 2, limiting disclosure of substance abuse treatment information without consent only for research purposes, provided that the patient’s name is not disclosed.

ArizonaNo law specifying disclosure requirements; Part 2 applies
ArkansasStricter than Part 2

Ark. Admin. Code 016.04.4-28: Substance abuse treatment information may only be disclosed without consent during a medical emergency; the patient must be notified of the disclosure as soon as possible.

CaliforniaSame as Part 2

Cal. Health & Safety Code § 11845.5: Substance abuse treatment information may be disclosed without consent in a medical emergency, for research and audit purposes, provided that patient-identifying information is not published, and for treatment purposes between providers in the same facility.

ColoradoStricter than Part 2

Colo. Rev. Stat. § 27-82-109: Part 2 procedural requirements apply to federally-funded entities, but disclosure requirements are more protective than Part 2, limiting disclosure of substance abuse treatment information without consent only for research purposes, provided that patient-identifying information is not published.

ConnecticutStricter than Part 2

Conn. Gen. Stat. § 17a-688: Part 2 procedural requirements apply to federally-funded entities, but disclosure requirements are more protective than Part 2. Substance abuse treatment information may only be disclosed without the consent of the patient for research, audit, or program evaluation purposes provided that information is not used in a manner that discloses patient-identifying information. Disclosure is not permitted if it would violate Part 2.

DelawareState has separate requirements for entities not governed by Part 2

 Del. Code Ann. tit. 24 § 3042: Substance abuse treatment information may not be disclosed without the consent of the patient unless the disclosure would be permitted by Part 2. For entities not subject to Part 2, Del. Code Ann. tit. 16 § 2220 provides that substance abuse treatment information may be disclosed without the consent of the patient for purposes of transferring the patient to another facility, if disclosure is required by law, or if necessary for receiving payment.

District of ColumbiaStricter than Part 2

D.C. Code § 7-3006: Substance abuse treatment information may only be disclosed without the consent of the patient to medical personnel for purposes of diagnosis and treatment.

FloridaSame as Part 2

Fla. Stat. Ann. § 397.501: Substance abuse treatment information may be disclosed without consent in a medical emergency, for research and audit purposes in accordance with Part 2, to law enforcement personnel in connection with a crime or threatened crime on the facility premises or against facility personnel, or to provider personnel for treatment purposes.

GeorgiaLess strict than Part 2/Part 2 Controls

Ga. Code Ann. § 37-7-166: Substance abuse treatment information may be disclosed without consent in a medical emergency, to law enforcement personnel in connection with a crime or threatened crime on the facility premises or against facility personnel, to provider personnel within a facility for treatment purposes, or between facilities when a patient is transferred (note that disclosure between facilities when a patient is transferred is not permitted by Part 2). 

HawaiiState has separate requirements for entities not governed by Part 2

Haw. Rev. Stat. § 334-5: Substance abuse treatment information may be disclosed without consent if the head of a facility deems it necessary to carry out the laws governing mental health and substance abuse treatment, between providers for treatment purposes if an attempt is made to secure advance consent, and between payer and provider, but only after the patient is given the opportunity to pay for the services directly.

IdahoStricter than Part 2

Idaho Code Ann. § 39-308: Disclosure of substance abuse treatment information without consent is limited to research purposes, provided that patient-identifying information is not published (see also Idaho Admin. Code r. 16.07.50.261, stating that Part 2 procedural requirements apply)

IllinoisSame as Part 2

20 Ill. Comp. Stat. 301/30-5(bb): Substance abuse treatment information may be disclosed without the consent of the patient if the disclosure would be permitted by Part 2.

IndianaSame as Part 2

Ind. Code Ann. § 16-39-1-9: Substance abuse treatment information may be disclosed without the consent of the patient if the disclosure would be permitted by Part 2.

IowaState 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 that records are maintained in accordance with Part 2. For entities not governed by Part 2, Iowa Code § 125.37, substance abuse treatment information may only be disclosed in a medical emergency, and for research purposes provided that patient identifying information is not published.

KansasState has separate requirements for entities not governed by Part 2

Part 2 applies to federally-funded entities; for entities not subject to Part 2, two laws govern disclosure without patient consent: Kan. Stat. Ann. § 59-29b79 Substance abuse treatment information may be disclosed without consent for purposes of determining firearm purchasing eligibility and for licensure purposes. Kan. Stat. Ann. § 59-29b79 There are many circumstances in which substance abuse treatment information may be disclosed without consent, including if the information is required by law to be reported, for accreditation, certification, licensing or research purposes, provided that the intended recipient of the information pledges that patient identifying-information will not be disclosed, information necessary for emergency treatment, and information necessary for reimbursement purposes.

KentuckyState has separate requirements for entities not governed by Part 2

908 Ky. Rev. Stat. 1:320: Federally-assisted substance abuse treatment programs must protect substance abuse records in accordance with Part 2. For entities not subject to Part 2, Ky. Rev. Stat. Ann. § 222.421 provides that the cabinet may request a facility to make a statistical report, but patient identifying information cannot be provided in the report. The secretary may then provide the statistical information to other agencies upon request.

LouisianaStricter than Part 2

La. Admin. Code tit. 46, § 7435: Substance abuse treatment information may be disclosed without consent in a medical emergency.

MaineStricter than Part 2

 

Me. Rev. Stat. Ann. tit. 5, § 20047: Part 2 procedural requirements apply, but disclosure requirements are more protective than Part 2, limiting disclosure of substance abuse treatment information without consent only for research purposes, provided that patient-identifying information is not published.

MarylandSame as Part 2

MD. Code Ann., Health—Gen § 8-601: Substance abuse treatment information may be disclosed without the consent of the patient if the disclosure would be permitted by Part 2.

MassachusettsSame as Part 2

105 Mass. Code Regs. 164.084: Substance abuse treatment information may be disclosed without the consent of the patient if the disclosure would be permitted by Part 2.

MichiganSame as Part 2

Mich. Comp. Laws § 330.1263: Substance abuse treatment information may be disclosed without consent in a medical emergency, and for research and audit purposes, provided that patient-identifying information is not disclosed or published.

MinnesotaStricter than Part 2

Minn. Stat. § 254A.09: Part 2 procedural requirements apply, but disclosure requirements are more protective than Part 2, limiting disclosure of substance abuse treatment information without consent only for research purposes, provided that patient-identifying information is not disclosed or published.

MississippiStricter than Part 2

Miss. Code. Ann. § 41-30-33: Substance abuse treatment information may be disclosed without consent to treatment personnel for treatment purposes.

MissouriStricter than Part 2

Mo. Rev. Stat. § 630.140: Part 2 procedural requirements apply to federally funded entities, but the law is more protective with respect to disclosure requirements. Missouri also has requirements that apply only to entities that are not subject to Part 2, permitting substance abuse treatment information to be disclosed as permitted by HIPAA and mandatory reporting laws, for research, audit, and evaluation purposes provided that identifying information is not published or disclosed, to law enforcement or public health officials if necessary to assist them with their offices, and to mitigate the likelihood of suicide.

MontanaStricter than Part 2

Mont. Code Ann. § 53-21-166: Substance abuse treatment information may be disclosed without consent between professionals for treatment purposes, and for research purposes, provided that researchers sign an oath of confidentiality.

NebraskaState 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. An alcohol and/or drug counselor must maintain the confidentiality of patient communication unless doing so would “result in clear danger to the person or to others.”

NevadaSame as Part 2

Nev. Admin. Code § 458.163: Substance abuse treatment information may not be disclosed without the consent of the patient unless the disclosure would be permitted by Part 2.

New HampshireSame as Part 2

N.H. Rev. Stat. Ann. § 172:8-a: Part 2 applies to federally-funded entities. New Hampshire also has separate requirements for entities not governed by Part 2, permitting substance abuse treatment information to be disclosed without consent for purposes of rehabilitation, research, statistical, or medical purpose.

New JerseySame as Part 2

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 MexicoStricter than Part 2

N.M. Reg. 16.27.18.17: Part 2 procedural requirements apply, but the law is more protective of federally-funded entities. New Mexico also has laws governing entities not subject to Part 2. Substance abuse treatment information may be disclosed without consent for mandatory reporting purposes, for purposes of supervision, teaching, research or other published reports, provided that patient identifying information is disguised, in a civil, criminal, or disciplinary action in which the counselor is a defendant, or when necessary to protect against a clear and substantial risk of imminent serious harm being inflicted by the client on the client or another person(s).”  

New YorkSame as Part 2

N.Y. Comp. Codes R. & Regs. tit. 14, § 815.4: Providers must maintain client records in accordance with Part 2.

North CarolinaStricter than Part 2

N.C. Gen. Stat. §§ 122C-52—122c-56: North Carolina is more protective than Part 2 for federally-funded entities, and has separate requirements for non-federally funded entities. The law provides that substance abuse treatment information may be disclosed as necessary during the course of providing emergency services to the client, for “quality assessment and improvement activities,” for purposes of obtaining benefits and reimbursed services, and if there is an “imminent danger to the health or safety of the client or another individual or there is a likelihood of the commission of a felony or violent misdemeanor.”

North DakotaSame as Part 2

N.D. Admin. Code 75-09.1-01-23: Substance abuse treatment information may not be disclosed without the consent of the patient unless the disclosure would be permitted by Part 2.

OhioStricter than Part 2

Ohio Stat. Ann. § 5119.27: Substance abuse treatment information may be disclosed without consent for purposes of research, management, audit, or program evaluation, provided that the recipient of the information does not publish patient identifying information in a report or disclose it otherwise. Part 2 procedural requirements apply. 

OklahomaStricter than Part 2

Okla. Stat. tit. 43, §1-109: Substance abuse treatment information may be disclosed without consent in a medical emergency, for research purposes provided that the disclosure is approved by an institutional review or privacy board, to a business associate provided that Part 2 requirements are observed, and for payment purposes under certain circumstances.

OregonSame as Part 2

Or. Admin. R. 407-014-0020: Substance abuse treatment information may not be disclosed without the consent of the patient unless the disclosure would be permitted by Part 2.

PennsylvaniaStricter than Part 2

Pa. Cons. Stat. § 1690.108: Substance abuse treatment information may be disclosed without consent to medical personnel for diagnosis and treatment purposes and to government or other officials for purposes of obtaining reimbursement for services.

Rhode IslandSame as Part 2

R.I. Gen. Laws § 5-69-10: Substance abuse treatment information may not be disclosed without the consent of the patient unless the disclosure would be permitted by Part 2.

South CarolinaStricter than Part 2

S.C. Code Ann. § 44-22-100: Substance abuse treatment information may be disclosed without consent for research purposes, provided that either the patient consented to the disclosure or the Department of Alcohol and Other Drug Abuse Services authorized the research, as “necessary to cooperate with law enforcement, health, welfare, and other state or federal agencies or when furthering the welfare of the patient or his family,” and to carry out the provisions of the South Carolina Health Code.

South DakotaSame as Part 2

S.D. Admin. R. 46:05:07:02: Substance abuse treatment information may not be disclosed without the consent of the patient unless the disclosure would be permitted by Part 2.

TennesseeStricter than Part 2

Tenn. Code Ann. § 33-10-408: Confidential treatment information may be disclosed for research purposes, provided that patient-identifying information is not published. Part 2 procedural requirements apply. 

TexasStricter than Part 2

Tex. Health & Safety Code § 611.004: Substance abuse treatment information may be disclosed without consent for audit and program evaluation purposes,  provided that patient identifying information is not published, between treatment professionals for purposes of diagnosis and treatment, if required by law, to medical or law enforcement personnel if there is “a probability of imminent physical injury by the patient to the patient or others or there is a probability of immediate mental or emotional injury to the patient,” and for reimbursement purposes.  

UtahState has separate requirements for entities not governed by Part 2

Utah Code Ann. § 58-60-509: Confidential treatment information may be disclosed without consent for mandatory reporting purposes, in an administrative, civil, or criminal proceeding if permitted by Rule 506 of the Utah Rules of Evidence, and if “the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure.”

VermontSame as Part 2

12 5 Vt. Code R. 100 Attachment B: Substance abuse treatment information may not be disclosed without the consent of the patient unless the disclosure would be permitted by Part 2.

VirginiaSame as Part 2

12 Va. Admin. Code 35-115-80: Substance abuse treatment information may not be disclosed without the consent of the patient unless the disclosure would be permitted by Part 2 (see also 18 Va. Admin. Code 115-30-140 setting requirements for substance abuse counselors, including duties related to confidentiality of patient records).

WashingtonStricter than Part 2

Wash. Rev. Code § 70.96A.150: Substance abuse treatment information may be disclosed without consent in connection with a crime on the premises or against program personnel, for mandated reporting purposes, for purposes of research, evaluation, benefit eligibility, and reimbursement, provided that patient identifying information is not published. Part 2 procedural requirements apply. 

West VirginiaNo law specifying disclosure requirements; Part 2 applies
WisconsinState has separate requirements for entities not governed by Part 2

Wis. Stat. Ann. § 51.30: Substance abuse treatment information may be disclosed without consent in a medical emergency, for purposes of auditing and program evaluation, provided that patient identifying information is not redisclosed, for research purposes provided that the project is approved by the department and the researcher assures the patient identifying information will not be published, in connection with an apparent crime on the premises, to government officials for billing and collection purposes, and for purposes of coordinating treatment.

WyomingSame as Part 2

6 4 Wyo. Code R. § 2: Substance abuse treatment information may not be disclosed without the consent of the patient unless the disclosure would be permitted by Part 2.