The confidentiality of alcohol and drug abuse patient records maintained by this program is protected by federal law and regulations. Generally, the program may not say to a person outside the program

Question

Options

• AThe person outside the program gives a written request for the information
• Bthe patient consent in writing
• Cthe disclosure is allowed by a court order
• Dthe disclosure is made to medical personnel in a medical emergency or to qualified personnel for

• A
  10% (4)
• B
  2% (1)
• C
  2% (1)
• D
  86% (36)

Explanation

Option D identifies the two legitimate exceptions to confidentiality under 42 CFR Part 2 - disclosure to medical personnel during a genuine medical emergency, and to qualified personnel for research, audit, or program evaluation - situations where the law explicitly carves out permission to share information. Options A, B, and C are wrong for distinct reasons: A fails because an outside party's written request carries no legal authority to compel disclosure of substance use records; B is a trap because while patient consent can authorize disclosure, it must meet 42 CFR Part 2's strict, specific consent requirements (a simple written consent is not automatically sufficient); and C is wrong because 42 CFR Part 2 demands a specialized court order meeting Part 2's own criteria - a standard court order alone does not override these protections the way it might under general HIPAA rules.

Memory tip: Think of 42 CFR Part 2 as a "double lock" on substance use records - ordinary keys (outside requests, generic consent, routine court orders) don't open it. Only the right keys work: a properly formatted Part 2 consent, a Part 2-compliant court order, or the two emergency exceptions in option D (life-threatening emergency + qualified research/audit).

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