# 42 CFR § 2.15: Patients who lack capacity and deceased patients

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-42-2.15

## Section

- **Citation:** 42 CFR § 2.15
- **Heading:** Patients who lack capacity and deceased patients
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 42—Public Health > CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES > SUBCHAPTER A—GENERAL PROVISIONS > PART 2—CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT RECORDS > Subpart B—General Provisions

## Text

(a) Adult patients who lack capacity to make health care decisions—(1) Adjudication by a court. In the case of a patient who has been adjudicated as lacking the capacity, for any reason other than insufficient age, to make their own health care decisions, any consent which is required under the regulations in this part may be given by the personal representative.
(2) No adjudication by a court. In the case of a patient, other than a minor or one who has been adjudicated as lacking the capacity to make health care decisions, that for any period suffers from a medical condition that prevents knowing or effective action on their own behalf, the part 2 program director may exercise the right of the patient to consent to a use or disclosure under subpart C of this part for the sole purpose of obtaining payment for services from a third-party payer or health plan.
(b) Deceased patients—(1) Vital statistics. These regulations do not restrict the disclosure of patient identifying information relating to the cause of death of a patient under laws requiring the collection of death or other vital statistics or permitting inquiry into the cause of death.
(2) Consent by personal representative. Any other use or disclosure of information identifying a deceased patient as having a substance use disorder is subject to the regulations in this part. If a written consent to the use or disclosure is required, that consent may be given by the personal representative.
[82 FR 6115, Jan. 18, 2017, as amended at 83 FR 251, Jan. 3, 2018' 89 FR 12622, Feb. 16, 2024]

## Nearby sections

- [42 CFR § 2.1 § 2.1 Statutory authority for confidentiality of substance use disorder patient records.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.1.md)
- [42 CFR § 2.2 § 2.2 Purpose and effect.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.2.md)
- [42 CFR § 2.3 § 2.3 Civil and criminal penalties for violations.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.3.md)
- [42 CFR § 2.4 § 2.4 Complaints of noncompliance.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.4.md)
- [42 CFR § 2.11 § 2.11 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.11.md)
- [42 CFR § 2.12 § 2.12 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.12.md)
- [42 CFR § 2.13 § 2.13 Confidentiality restrictions and safeguards.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.13.md)
- [42 CFR § 2.14 § 2.14 Minor patients.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.14.md)
- [42 CFR § 2.15 § 2.15 Patients who lack capacity and deceased patients.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.15.md)
- [42 CFR § 2.16 § 2.16 Security for records and notification of breaches.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.16.md)
- [42 CFR § 2.17 § 2.17 Undercover agents and informants.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.17.md)
- [42 CFR § 2.18 § 2.18 Restrictions on the use of identification cards.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.18.md)
- [42 CFR § 2.19 § 2.19 Disposition of records by discontinued programs.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.19.md)
- [42 CFR § 2.20 § 2.20 Relationship to state laws.](https://www.frixlaw.com/law-library/statutes/ecfr-42-2.20.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-42-2.15. Check the current official text before relying on it. Not legal advice.