Skip to Content

Complete Overview of Regulations: 42 CFR Part 2
Individuals Protected by Part 2


c.) Individuals Protected by Part 2

These restrictions protect substance abuse patients, which includes:26

  • Any individual who has applied for or been given diagnosis or treatment for substance abuse at a federally assisted program; and
  • Any individual who, after arrest on a criminal charge, is identified as substance abuser in order to determine his eligibility to participate in a federally assisted program.

The restrictions on use and disclosure cover any individual who has been a substance abuse patient of a federally assisted program, even after s/he ceases to be a patient.27



  • 26. 42 CFR § 2.11 at “Patient.”
  • 27. 42 CFR § 2.1 (referencing § 290ee-3(d)); 42 CFR § 2.2 (referencing §290dd-3(d)).