Demystifying 42 CFR Part 2: Legal and Ethical Use of SUD Records

Sharing and integrating substance use disorder (SUD) records safely and responsibly can help governments and their partners facilitate early identification and intervention, allocate resources effectively and implement targeted prevention programs. However, sharing SUD data is not without risks and this data is subject to a set of stringent regulations in 42 CFR Part 2 (commonly referred to as “Part 2”). Many local and state governments find Part 2 intimidating, often mistakenly believing that it completely prohibits the sharing of substance use disorder patient records.

This brief aims to demystify Part 2, a critical regulation governing the confidentiality of these records, by providing a broad overview of its core components. This brief is not intended to be exhaustive and does not cover every instance in which Part 2 data can be shared. This brief only covers federal law and does not address more restrictive state law.