# 42 C.F.R. § 2.13 (2026): Confidentiality restrictions and safeguards > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_13 ## Section - **Citation:** 42 C.F.R. § 2.13 (2026) - **Heading:** Confidentiality restrictions and safeguards - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 42 CFR: Public Health / Chapter I: PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES / Part 2: CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT RECORDS / Subpart B: General Provisions / § 2.13: § 2.13 Confidentiality restrictions and safeguards. ## Text (a) General. The patient records subject to the regulations in this part may be used or disclosed only as permitted by the regulations in this part and may not otherwise be used or disclosed in any civil, criminal, administrative, or legislative proceedings conducted by any Federal, state, or local authority. Any use or disclosure made under the regulations in this part must be limited to that information which is necessary to carry out the purpose of the use or disclosure. (b) Unconditional compliance required. The restrictions on use and disclosure in the regulations in this part apply whether or not the part 2 program or other lawful holder of the patient identifying information believes that the person seeking the information already has it, has other means of obtaining it, is a law enforcement agency or official or other government official, has obtained a subpoena, or asserts any other justification for a use or disclosure which is not permitted by the regulations in this part. (c) Acknowledging the presence of patients: Responding to requests. (1) The presence of an identified patient in a health care facility or component of a health care facility that is publicly identified as a place where only substance use disorder diagnosis, treatment, or referral for treatment is provided may be acknowledged only if the patient's written consent is obtained in accordance with subpart C of this part or if an authorizing court order is entered in accordance with subpart E of this part. The regulations permit acknowledgment of the presence of an identified patient in a health care facility or part of a health care facility if the health care facility is not publicly identified as only a substance use disorder diagnosis, treatment, or referral for treatment facility, and if the acknowledgment does not reveal that the patient has a substance use disorder. th subpart E of this part. The regulations permit acknowledgment of the presence of an identified patient in a health care facility or part of a health care facility if the health care facility is not publicly identified as only a substance use disorder diagnosis, treatment, or referral for treatment facility, and if the acknowledgment does not reveal that the patient has a substance use disorder. (2) Any answer to a request for a disclosure of patient records which is not permissible under the regulations in this part must be made in a way that will not affirmatively reveal that an identified individual has been, or is being, diagnosed or treated for a substance use disorder. An inquiring party may be provided a copy of the regulations in this part and advised that they restrict the disclosure of substance use disorder patient records, but may not be told affirmatively that the regulations restrict the disclosure of the records of an identified patient. [82 FR 6115, Jan. 18, 2017, as amended at 85 FR 43037, July 15, 2020; 89 FR 12621, Feb. 16, 2024] ## Nearby sections - [42 C.F.R. § 2.11 (2026) § 2.11 Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_11.md) - [42 C.F.R. § 2.12 (2026) § 2.12 Applicability.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_12.md) - [42 C.F.R. § 2.13 (2026) § 2.13 Confidentiality restrictions and safeguards.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_13.md) - [42 C.F.R. § 2.14 (2026) § 2.14 Minor patients.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_14.md) - [42 C.F.R. § 2.15 (2026) § 2.15 Patients who lack capacity and deceased patients.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_15.md) - [42 C.F.R. § 2.16 (2026) § 2.16 Security for records and notification of breaches.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_16.md) - [42 C.F.R. § 2.17 (2026) § 2.17 Undercover agents and informants.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_17.md) - [42 C.F.R. § 2.18 (2026) § 2.18 Restrictions on the use of identification cards.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_18.md) - [42 C.F.R. § 2.19 (2026) § 2.19 Disposition of records by discontinued programs.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_19.md) - [42 C.F.R. § 2.20 (2026) § 2.20 Relationship to state laws.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_20.md) - [42 C.F.R. § 2.21 (2026) § 2.21 Relationship to federal statutes protecting research subjects against compulsory disclosure of their identity.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_21.md) - [42 C.F.R. § 2.22 (2026) § 2.22 Notice to patients of Federal confidentiality requirements.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_22.md) - [42 C.F.R. § 2.23 (2026) § 2.23 Patient access and restrictions on use and disclosure.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_23.md) - [42 C.F.R. § 2.24 (2026) § 2.24 Requirements for intermediaries.](https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_24.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T42_P2_S2_13. 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