Confidentiality of Substance Abuse Treatment Records, La. Admin. Code tit. 46, § 7435

Confidentiality of substance abuse treatment records

[Statutory provision that formerly provided for confidentiality of substance abuse treatment records was repealed in 2004 and does not appear to have been replaced. (La. Rev. Stat. Ann. § 37:50.3384).]

Although Louisiana does not provide special protection of substance abuse treatment records statutorily, substance abuse treatment records are confidential as required by Part 2 and may only be disclosed according to the regulation. Client records must be maintained at the facility where the client is being treated until six months after the client is discharged; upon discharge, the record may be transferred to a centralized location, but its confidentiality must be maintained according to state and federal law.

This regulation also sets minimum content requirements for client treatment records: each client record must contain client data such as name, race, sex, birthdate and address, information about assessment and diagnosis, and information about the treatment plan.

Disclosure With Consent

Clients may sign an authorization to have their record copied or transferred to another facility, provided that the information is kept confidential as required by Part 2.

Disclosure Without Consent

Substance abuse treatment information may be disclosed without the client’s consent in a medical emergency.

The regulation does not address disclosure pursuant to court order.