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Disclosure of Substance Use 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. 

Click on a state to see more information on Confidentiality of substance abuse records in that state

State Consent Requirements for Disclosure of Records as Compared with Part 2
  • More Restrictive than Part 2
  • More Restrictive than Part 2, and Incorporates Part 2 by Reference
  • Part 2 Controls
  • Incorporates Part 2 by Reference; Part 2 Controls