42 CFR Part 2

What 42 CFR Part 2 means

Part 2 requires explicit patient consent for most disclosures of SUD-specific information, recordkeeping for those consents, and limited use of that information for non-treatment purposes. AI tools processing SUD intake conversations must handle the Part 2 disclosure and consent capture inline.

Why it matters in behavioral health

Behavioral health programs treating SUDs and receiving federal assistance must comply with Part 2. An AI admissions tool that handles HIPAA but not Part 2 is a partial solution — your compliance team will need to redesign the conversation flow after deployment.

Real-world example

An inbound call from a patient's mother. Before the agent asks any question about substance use, it reads a plain-language disclosure: '"What you share with me will be protected by federal substance use confidentiality rules. You can decline to share anything at any point."' Consent is captured in the recording and written to the CRM as a structured field.

Related terms

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