COVID-19 Public Health Emergency Response and 42 CFR Part 2 Guidance

This guidance from the Substance Abuse and Mental Health Services Administration addresses patient privacy protections for substance use disorder (SUD) services under CFR 42 Part 2 during the Covid-19 public health emergency. This 1 page document acknowledges that SUD services may be provided through telehealth during this time which may preclude the provider from obtaining written consent to share patient information. The guidance emphasizes that “patient identifying information may be disclosed by a part 2 program or other lawful holder to medical personnel, without patient consent, to the extent necessary to meet a bona fide medical emergency in which the patient’s prior informed consent cannot be obtained.”

Funding Source: Substance Abuse and Mental Health Services Administration