b.) Armed Forces
Substance abuse information obtained by the Armed Forces during the time a patient was subject to the Uniform Code of Military Justice52 is generally protected by Part 2 regulations.53 However, the Part 2 regulations do not apply to exchanges of such information within the Armed Forces54 or between the Armed Forces and the VA.55
Footnotes
- 52. This includes: all active duty members of the Uniformed services of the United States; members of the military Reserve Components serving as Full-Time Support Personnel or as part-time reservists performing full-time active duty for a specific period or performing Inactive Duty; soldiers and airmen in the US National Guard if activated in a Federal capacity by a Presidential Executive Order or during their Annual Training periods; cadets and midshipmen at the US Military, Naval, Air Force, and Coast Guard Academies; retired members of the Uniformed services who are entitled to retirement pay; prisoners of war and detained medical personnel and chaplains in the custody of US armed forces; and persons in custody of the US armed forces serving a sentence imposed by a court-martial (Article 2 of the UCMJ).
- 53. 42 CFR § 2.12(c)(2).
- 54. 42 CFR § 2.1 (referencing § 290ee-3(e)(1)); 42 CFR § 2.2 (referencing §290dd-3(e)(1)); 42 CFR § 2.12(c)(2)(i)
- 55. 42 CFR § 2.1 (referencing § 290ee-3(e)(1)) 42 CFR § 2.2. (referencing § 290dd-3(e)(2)); 42 CFR § 2.12(c)(2)(ii)
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