Disclosure of Substance Use Records Pursuant to a Court Order: 50 State Comparison
This comparative map shows requirements for the 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 has requirements for consent in addition to those required by Part 2) or incorporates Part 2 by reference, therefore is controlled by 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. Some states do not have laws regarding the disclosure of substance use records without patient consent. 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
- Part 2 Controls
- Part 2 is Incorporated by Reference; Part 2 Controls
- Stricter than Part 2
- Some Provisions Stricter than Part 2; Part 2 Incorporated by Reference in Others
- No law on point
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| State | State Consent Requirements for Disclosure of Records as Compared with Part 2 | Details |
|---|---|---|
| Alabama | Part 2 is Incorporated by Reference; Part 2 Controls | Ala. Admin. Code r. 580-9-44-.28 Requires narcotic treatment programs to maintain patient records in compliance with applicable Federal and State Requirements. Ala. Admin. Code r. 580-2-20-.04 Requries agencies certified by the Department of Mental Health to provide substance use disorder services to comply with state and federal confidentiality laws, including 42 C.F.R. Part 2. Ala. Admin. Code r. 540-X-21-.03 Requires physicians who treat patients for addiction, but are not addiction specialists, to comply with 42 C.F.R. Part 2. |
| Alaska | Part 2 is Incorporated by Reference; Part 2 Controls | 7 AAC 85.200 Requires the Department of Health and Social Services to maintain the confidentiality of information they receive in accordance with 42 C.F.R. Part 2. 7 AAC 166.040 Requires Health Information Exchanges to comply with 42 C.F.R. Part 2 when applicable. |
| Arizona | Part 2 is Incorporated by Reference; Part 2 Controls | A.R.S. § 36-509 Permits health care entities to disclose information contained in records “as permitted” by 42 C.F.R. Part 2. Arizona defines “health care entities as including health care providers, the Department of Health Services, the Arizona health care cost containment system administration, and regional behavioral authorities that have contracts with the administration. |
| Arkansas | Part 2 is Incorporated by Reference; Part 2 Controls | Incorporates by Reference: Ark. Admin. Code 016.06.75-246.000 Requires Provider-Led Arkansas Shared Savings Entities to comply with 42 C.F.R. Part 2 when applicable. Ark. Admin. Code 016.04.2-VI Requires Methadone/Laam Treatment Programs to comply with state and federal regulations regarding confidentiality of alcohol and drug abuse information. Identifies 42 C.F.R. Part 2 as an applicable federal regulation. Ark. Admin. Code 016.04.6-4.00 Requires Office of Alcohol and Drug Abuse Prevention grantees and contractors to comply with 42 C.F.R. Part 2. Ark. Admin. Code 201.00.1 Requires drug and alcohol abuse counselors to comply with 42 C.F.R. Part 2.
Part 2 Controls:
Ark. Admin. Code 016.14.7-4009.0.0 Permits the Arkansas Department of Health Services to disclose information pursuant to a court order, but does not include detail regarding the circumstances in which such order may be obtained or the procedure for obtaining the order. |
| California | Part 2 Controls | West's Ann.Cal.Health & Safety Code § 11845.5 Permits courts to authorize disclosure of alcohol and drug abuse treatment information upon a finding of “probable cause.” |
| Colorado | Part 2 is Incorporated by Reference; Part 2 Controls | C.R.S.A. § 27-82-109 Requires substance abuse treatment facilities to comply with 42 C.F.R. Part 2. |
| Connecticut | Part 2 is Incorporated by Reference; Part 2 Controls | C.G.S.A. § 17a-688 Prohibits persons, hospitals, substance abuse treatment facilities, or the Department of Mental Health and Addiction Services from disclosing patient information if the disclosure would violate federal law and regulations (i.e. 42 C.F.R. Part 2). |
| Delaware | Part 2 is Incorporated by Reference; Part 2 Controls | 24 Del.C. § 3042 Prohibits licensed chemical dependency professionals from disclosing patient information unless authorized by 42 C.F.R, Part 2. 16 Del. Admin. Code 6001-7.0 Grants substance abuse treatment patients the right to have their information maintained in compliance with 42 C.F.R. Part 2. |
| District of Columbia | Part 2 is Incorporated by Reference; Part 2 Controls | 29 DCMR § 2400 Requires the Department of Behavioral Health to maintain applicant information in compliance with 42 C.F.R. Part 2 and District laws that regulate the confidentiality of patient information. |
| Florida | Part 2 is Incorporated by Reference; Part 2 Controls | F.S.A. § 397.501 Classifies substance abuse records and information maintained by substance abuse treatment facilities as confidential in accordance with Florida law and federal confidentiality regulations (i.e. 42 C.F.R. Part 2). Rule 65D-30.004, F.A.C. Requires licensed substance abuse treatment providers to comply with 42 C.F.R. Part 2. Rule 33-507.401, F.A.C. Classifies records and information maintained by the Florida Department of Corrections that pertains to inmates receiving substance abuse treatment services as confidential in accordance with 42 U.S. Code § 290dd–2 (The authorizing legislation for 42 C.F.R. Part 2). |
| Georgia | Part 2 Controls | Ga. Code Ann., § 37-7-166; Ga Comp. R. & Regs. 290-4-9-.05 Permits disclosure of substance abuse treatment information pursuant to court order provided that the court conducts a full and fair show cause hearing. |
| Hawaii | Some Provisions Stricter than Part 2; Part 2 Incorporated by Reference in Others | Stricter than Part 2: Haw. Admin. Rules § 17-1601-10 Permits disclosure of substance abuse treatment records, within the context of Hawaii’s child welfare services program, with patient consent or a court order. Requires a court to find (1) reasonable cause to believe the abuse or neglect of a child; (2) treatment for the child and their family must be provided and the safety of the child ensured; (3) an alternative way to obtain the information does not exist or would not be effective; (4) information must be shared among providers of services to the family and child; and (5) the need to share the information to protect the child and obtain treatment outweighs possible injuries to the patient, the doctor-patient relationship, and treatment services. Incorporates by Reference: HRS § 334-5 Makes records and information maintained in accordance with Hawaii’s mental health and substance abuse law confidential in accordance with HIPAA; clarifies that this requirement does not prohibit application of 42 C.F.R. Part 2’s more stringent protections for substance abuse information. |
| Idaho | Part 2 is Incorporated by Reference; Part 2 Controls | IDAPA 16.05.01.250; IDAPA 16.07.17.410 Permits the disclosure of substance abuse treatment records in accordance with 42 C.F.R. Part 2. |
| Illinois | Part 2 is Incorporated by Reference; Part 2 Controls | 20 ILCS 301/30-5; 89 Ill. Adm. Code 431.105; 77 Ill. Adm. Code 2060.319 Classifies substance abuse records and information as confidential in accordance with 42 C.F.R. Part 2. |
| Indiana | Part 2 is Incorporated by Reference; Part 2 Controls | IC 16-39-1-9 Prohibits disclosure of substance abuse treatment records unless authorized by 42 U.S.C. 290dd-2. |
| Iowa | Part 2 is Incorporated by Reference; Part 2 Controls | I.C.A. § 125.93; Iowa Admin. Code 641-156.3; Iowa Admin. Code 641-157.6; Iowa Admin. Code 641-155.21; Iowa Admin. Code 641-155.35 Requires substance abuse treatment programs to comply with 42 C.F.R. Part 2. |
| Kansas | Part 2 is Incorporated by Reference; Part 2 Controls | K.S.A. 59-29b79 Permits disclosure of substance abuse records if a court determination that the “records are necessary for the conduct of proceedings before the court and are otherwise admissible as evidence.” This standard is less stringent than 42 C.F.R. Part 2, so Part 2 will control. |
| Kentucky | Part 2 is Incorporated by Reference; Part 2 Controls | 902 Ky. Admin. Regs. 20:091 Requires community mental health centers to comply with 42 C.F.R. Part 2 to the extent that federal law requires compliance with such part. Grants centers permission to impose more stringent requirements than part 2 requires. 908 Ky. Admin. Regs. 1:320 Requires federally assisted substance abuse agencies to comply with 42 C.F.R. Part 2. |
| Louisiana | Part 2 is Incorporated by Reference; Part 2 Controls | LSA-R.S. 13:3715.1 Requires federally assisted substance abuse treatment providers to comply with 42 C.F.R. Part 2. La. Admin Code. tit. 48, Pt I, § 4949 Requires health care providers to maintain confidentiality of consumer information; permits disclosure in compliance with 42 C.F.R. Part 2. |
| Maine | Part 2 is Incorporated by Reference; Part 2 Controls | 22 M.R.S.A. § 1711-C; 10-144 CMR Ch. 101, Ch. II, § 80 Requires health care practitioners and facilities subject to 42 C.F.R. Part 2 to comply with Part 2. |
| Maryland | Part 2 is Incorporated by Reference; Part 2 Controls | MD Code, Health - General, § 8-601; MD Code, Health - General, § 24-906; COMAR 10.47.01.08 Requires substance abuse treatment programs to maintain and disclose records in compliance with 42 C.F.R. Part 2. |
| Massachusetts | Part 2 is Incorporated by Reference; Part 2 Controls | Incorporates by Reference: M.G.L.A. 111E § 18; 104 CMR 27.18; 105 CMR 164.084 Requires facilities that provide drug abuse treatment services to maintain confidential records; authorizes disclosure of these records in accordance with federal law.
Part 2 Controls:
M.G.L.A. 111B § 11 Authorizes the disclosure of records regarding patients receiving detoxification treatment pursuant to a court order. |
| Michigan | Part 2 Controls | M.C.L.A. 330.1263 Permits court ordered disclosure of substance abuse information for use in hearings related to the court ordered treatment of a minor; permits court ordered disclosure of whether an individual is receiving treatment in a program; states that “in all other respects, the confidentiality shall be the same as the physician-patient relationship provided by law.” |
| Minnesota | Part 2 is Incorporated by Reference; Part 2 Controls | Incorporates by Reference: Minnesota Rules, part 9530.6585 Requires licensed chemical dependency programs to maintain records in compliance with 42 C.F.R. Part 2. Part 2 Controls: M.S.A. § 254A.09 Authorizes disclosure of substance use disorder information pursuant to a court order. |
| Mississippi | Part 2 Controls | Miss. Code Ann. § 41-30-33 Authorizes disclosure of substance use disorder information pursuant to a court order. |
| Missouri | Part 2 is Incorporated by Reference; Part 2 Controls | 9 Mo. Code of State Regulations 10-7.020 Grants substance use disorder patients the right to have their information maintained confidentially in compliance with federal and state law. |
| Montana | No law on point | No law. |
| Nebraska | Part 2 is Incorporated by Reference; Part 2 Controls | Neb. Admin. R. & Regs. Tit. 172, Ch. 15, § 016 Requires licensed alcohol and drug counselors to comply with 42 C.F.R. Part 2. |
| Nevada | Part 2 is Incorporated by Reference; Part 2 Controls | NAC 458.16; NAC 458.272 Requires substance abuse programs to comply with 42 C.F.R. Part 2. |
| New Hampshire | Part 2 is Incorporated by Reference; Part 2 Controls | N.H. Rev. Stat. § 172:8-a Permits substance abuse treatment facilities and programs to disclose patient records pursuant to a court order that complies with “appropriate” federal regulations. N.H. Code Admin. R. He-A 304.18 Requires opioid treatment programs to maintain client information in compliance with 42 C.F.R. Part 2. |
| New Jersey | Part 2 is Incorporated by Reference; Part 2 Controls | N.J.S.A. 45:2D-11; N.J.A.C. 10:161B–16.2; N.J.A.C. 10:161B–18.1 Requires licensed alcohol and drug counselors and substance abuse treatment facilities to comply with 42 C.F.R. Part 2. |
| New Mexico | Part 2 is Incorporated by Reference; Part 2 Controls | Incorporates by Reference: N.M. Admin. Code 7.32.8 Requires opioid treatment facilities to comply with 42 C.F.R. Part 2. Part 2 Controls: N.M.S.A. 1978, § 43-2-11 Prohibits treatment facilities from disclosing records regarding persons that voluntarily seek substance abuse treatment unless they obtain that person’s consent or receive a court order. |
| New York | Part 2 is Incorporated by Reference; Part 2 Controls | 14 NYCRR 815.4 Requires substance abuse providers and programs to comply with 42 C.F.R. Part 2. NY Mental Hygiene Law § 22.05 Requires chemical dependence programs and facilities to maintain the confidentiality of client records; permits disclosure in accordance with relevant state or federal laws or pursuant to a court order. |
| North Carolina | Part 2 is Incorporated by Reference; Part 2 Controls | N.C.G.S.A. § 122C-52; N.C.G.S.A. § 122C-53; N.C.G.S.A. § 122C-54; 10A NCAC 26B.0102 Prohibits mental health and substance abuse treatment facilities from disclosing confidential information unless in accordance with North Carolina law; Clarifies that disclosure of substance abuse information is subject to 42 C.F.R. Part 2 unless a more restrictive NC rule exists. 21 NCAC 68.0508 Requires licensed substance abuse professionals to comply with 42 C.F.R. Part 2. |
| North Dakota | Part 2 is Incorporated by Reference; Part 2 Controls | Rule 19, N.D.R.Juv.P. Permits drug and alcohol treatment records that are protected by 42 C.F.R. Part 2 to be disclosed during a juvenile court proceeding if a court orders disclosure in accordance with Part 2. |
| Ohio | Stricter than Part 2 | R.C. § 5119.27 Permits a court to order disclosure of a person’s substance abuse records in response to a request from a prosecuting attorney or the Director of Mental Health and Addiction Services that relates to (1) the prosecution of an individual for illegally operating a substance abuse treatment facility; or (b) the licensure of a facility or program. |
| Oklahoma | Part 2 Controls | 43A Okl.St.Ann. § 1-109 Authorizes disclosure of substance abuse treatment information pursuant to a court order. |
| Oregon | Part 2 is Incorporated by Reference; Part 2 Controls | OAR 309-019-0115; OAR 309-019-0135; OAR 415-057-0030 Requires outpatient behavioral health services providers, opioid treatment programs, and prison based substance abuse programs to comply with 42 C.F.R. Part 2. |
| Pennsylvania | Part 2 Controls | 71 P.S. § 1690.108 Permits disclosure of substance abuse records if a court determines there is good cause for disclosure. |
| Rhode Island | Part 2 is Incorporated by Reference; Part 2 Controls | 210-RICR- 10-05-1.3 Identifies 42 C.F.R. Part 2 as one of the laws that the Executive Office of Health and Human Services must comply with while administering Rhode Island’s Medicaid Program. Gen.Laws 1956, § 5-69-10 Requires licensed chemical dependency professionals to comply with 42 C.F.R. Part 2. |
| South Carolina | Part 2 is Incorporated by Reference; Part 2 Controls | Incorporates by Reference: S.C. Code of Regulations R. 61-93.703 Requires substance abuse treatment facilities to maintain records in compliance with state and federal law.
Part 2 Controls:
Code 1976 § 44-22-100 Authorizes disclosure of information regarding a mental health or substance abuse treatment patient pursuant to a court order. |
| South Dakota | Part 2 is Incorporated by Reference; Part 2 Controls | ARSD 67:61:06:02 Grants substance use disorder patients the right to have their information maintained confidentially in compliance with 42 C.F.R. Part 2. |
| Tennessee | Part 2 is Incorporated by Reference; Part 2 Controls | Tenn. Comp. R. & Regs. 0940-05-35-.18; Tenn. Comp. R. & Regs. 0940-05-42-.27 Requires opioid treatment programs to maintain client information in compliance with 42 C.F.R. Part 2. |
| Texas | Part 2 is Incorporated by Reference; Part 2 Controls | 25 TAC § 229.148; 37 TAC § 353.508 Requires narcotic treatment programs and substance abuse treatment facilities to maintain client information in compliance with 42 C.F.R. Part 2. 37 TAC § 380.9909 Makes substance abuse treatment information regarding youth committed to the Texas Juvenile Justice Department subject to 42 C.F.R. Part 2. |
| Utah | Part 2 is Incorporated by Reference; Part 2 Controls | U.C.A. 1953 § 58-60-509 Prohibits licensed substance abuse counselors from disclosing client information unless the client consents; clarifies that this prohibition does not apply if state or federal laws permit or require disclosure. |
| Vermont | No law on point | No law. |
| Virginia | Part 2 is Incorporated by Reference; Part 2 Controls | 12 VAC 35-115-80 Requires providers licensed by the Department of Behavioral Health and Developmental Services to comply with 42 C.F.R. Part 2. VA Code Ann. § 32.1-127.1:03 Permits health care entities to disclose substance abuse records when permitted by 42 C.F.R. Part 2; defines health care entities as hospitals and nursing homes. |
| Washington | No law on point | No law. |
| West Virginia | Part 2 is Incorporated by Reference; Part 2 Controls | W. Va. Code St. R. § 69-11-19 Requires opioid treatment programs to develop policies that guarantee clients the right to confidentiality in accordance with 42 C.F.R. Part 2. |
| Wisconsin | Part 2 is Incorporated by Reference; Part 2 Controls | W.S.A. 51.30; Wis. Adm. Code § DHS 92.04 Requires health care providers that are subject to 42 C.F.R. Part 2 to maintain substance abuse records and information in accordance with Part 2. |
| Wyoming | Part 2 is Incorporated by Reference; Part 2 Controls | Incorporates by Reference: WY Rules and Regulations 048.0054.4 § 2; WY Rules and Regulations 048.0018.5 § 2; WY Rules and Regulations 048.0018.6 § 3; WY Rules and Regulations 048.0018.6 § 4 Requires substance abuse treatment programs to comply with 42 C.F.R. Part 2. Part 2 Controls: W.S.1977 § 9-2-125 Classifies records regarding persons receiving mental health or substance abuse treatment from a provider under contract with the Department of Health as confidential; Permits disclosure pursuant to a court order. |
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