NCJ Number
85598
Date Published
1977
Length
12 pages
Annotation
Federal law and regulations governing the confidentiality of records of alcohol and drug abusers are summarized, with emphasis on confidentiality requirements applicable to pretrial programs for substance abusers.
Abstract
The Federal regulations issued in 1975 make it clear that no information can be released to anyone unless the party seeking the information is expressly permitted by the regulations to request its release. Even the substance abusers who are participating in a program cannot authorize unrestricted disclosure by the program to a party not otherwise allowed under the regulations to seek information. However, in most cases the substance abuser must specifically consent in writing to the release of the information sought before it can be divulged. Confidential records include counseling notes, other written reports or documents generated by a program, and oral representations to judges or prosecutors by diversion interviewers regarding remarks made to them by the defendant. Everything communicated verbally and nonverbally by the substance abusers which bear on their status or condition as a substance abuser is covered by the disclosure prohibitions. Parties who may request disclosure of confidential information include legal counsel, the client's family, employers and employment agencies, third party payers for the client's treatment, and criminal justice officials. All these cases require a valid release from the client. Redisclosure of confidential information is also prohibited. The regulations apply to any person or program which interviews, refers for treatment, or provides treatment to substance abusers. Extensive regulations also apply to the situations in which the court may issue orders to compel disclosure.