IV. Essential Considerations

1. Relationship with State Law

In using this guidance, the reader should be aware that, apart from the Federal confidentiality law, States may have laws and regulations that govern the confidentiality of patient records for individuals who are receiving substance abuse treatment services. In instances in which a State’s confidentiality law is more restrictive that the Federal law, a program must follow the stricter State law. In instances where a State’s confidentiality law is less protective of confidentiality than the Federal law, however, the Federal law controls. Only rarely is there an irreconcilable conflict between Federal and State law. (See §2.20 CFR in Appendix A for a discussion of the relationship of Federal and State confidentiality laws.)

2. Assistance of Legal Counsel

Because the primary responsibility for compliance with the Federal confidentiality law and regulations lies with the program and its staff, it would be advisable for these guidelines to be thoroughly discussed with the program’s legal counsel. Likewise, readers are advised to seek the advice of legal counsel when designing letters and forms based on the samples provided here or when questions arise concerning any of the issues discussed in this guidance.

Back to Top