Complete Overview of Regulations: 42 CFR Part 2
Court Orders Authorizing Disclosure and Use: Disclosure of Confidential Communications

a.) Disclosure of Confidential Communications

A court order may not authorize disclosure of confidential communications made by a patient to a program during diagnosis, treatment, or referral for treatment unless the disclosure is:

• Necessary to protect against a threat to life or of serious bodily injury;156
• Necessary in connection with the investigation or prosecution of an extremely serious crime, such as one that directly threatens loss of life or serious bodily injury;157 or

In connection with litigation or an administrative proceeding where the patient offers testimony or other evidence related to the content of the confidential communications.158