{"id":"AGY-FED-HEALTH-OTHER-027","kind":"context","level":"federal","jurisdiction":"United States (federal); Substance Abuse and Mental Health Services Administration","state":"","metro":"","industry":"","agency":"FED-HEALTH-OTHER","eco":"","issuer":"SAMHSA","authority":"42 U.S.C. 290dd-2(b)(2)(A); 42 C.F.R. 2.51 (medical emergency exception)","instrument":"COVID-19 Public Health Emergency Response and 42 CFR Part 2 Guidance","title":"COVID-19 Public Health Emergency Response and 42 CFR Part 2 Guidance","dateIssued":"2020-03-19","effective":"2020-03-19","end":"Through the public health emergency","startDate":"2020-03-19","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["HC","OTHER"],"addressees":["Part 2 programs (substance use disorder treatment providers)"],"clause":"The prohibitions on use and disclosure of patient identifying information under 42 C.F.R. Part 2 would not apply in these situations to the extent that, as determined by the provider(s), a medical emergency exists. Under 42 U.S.C. 290dd-2(b)(2)(A) and 42 C.F.R. 2.51, patient identifying information may be disclosed by a part 2 program or other lawful holder to medical personnel, without patient consent, to the extent necessary to meet a bona fide medical emergency in which the patient\u0027s prior informed consent cannot be obtained.","enforcement":"Criminal penalties under 42 U.S.C. 290dd-2(f) for unauthorized disclosure","functions":["TM telehealth","OF records and administration","CB patients"],"notes":"Permitted telehealth without written Part 2 consent where the provider found a medical emergency.","sourceUrl":"https://www.samhsa.gov/sites/default/files/covid-19-42-cfr-part-2-guidance-03192020.pdf","snapshot":"https://web.archive.org/web/20200320041905/https://www.samhsa.gov/sites/default/files/covid-19-42-cfr-part-2-guidance-03192020.pdf","fileExists":true,"fileBytes":171924,"grade":"primary","character":"context","description":"","collection":"AGY-FED-HEALTH-OTHER","url":"/library/AGY-FED-HEALTH-OTHER-027","exhibitUrl":"/exhibit/AGY-FED-HEALTH-OTHER-027","citation":"SAMHSA, COVID-19 Public Health Emergency Response and 42 CFR Part 2 Guidance (Mar. 19, 2020) (Ex. AGY-FED-HEALTH-OTHER-027)","stateName":"","related":[]}