Tool #2: SBIRT and the Federal Alcohol & Drug Confidentiality Rules: The Basic Requirements
Legal Action Center
Building upon Tool #1: Fact Sheet and Tool #1: Decision Tree, this tool provides SBIRT providers with an overview of the basic requirements of Part 2. The tool is for providers who have determined that they are covered by Part 2 (see Tool #1: Decision Tree) as well as those who are not covered, but communicate with programs which are. Part 2 protects patient information privacy in all written and oral communications, prohibiting disclosure even to persons who already have the information, have official status, or have a subpoena or warrant. SBIRT programs may disclose patient information under ten main Part 2 exemptions: proper written consent from the patient, internal program communications, Qualified Service Organization Agreements, medical emergencies, audits/evaluations, court-ordered disclosures, research, reports of child abuse/neglect, disclosures that do not contain patient-identifying information, or crimes committed by a patient on program premises or against program personnel. The toolkit is available here.