A single redisclosure. A patient's treatment history exposed. A trust violation federal law was written to prevent.
Substance use disorder treatment records carry stronger federal protections than standard PHI. The 2024 final rule aligned Part 2 with HIPAA for treatment, payment, and operations - but the criminal proceedings prohibition and redisclosure rules still set it apart. EZBunny's course covers what your team must know to handle these records correctly.
Start 14-day free trial42 CFR Part 2 protections apply to all federally assisted SUD treatment programs and any staff who access Part 2 records.
Course Details
20 minutes
Privacy
SAMHSA / 42 CFR Part 2
Online, self-paced
What your team will learn
- What 42 CFR Part 2 protects and which programs it covers
- How the 2024 final rule changed consent requirements for treatment, payment, and operations
- The criminal proceedings prohibition that still distinguishes Part 2 from HIPAA
- Redisclosure rules and the notice requirements when sharing Part 2 records
- Consent form requirements and what makes a valid Part 2 authorization
- SUD counseling notes and their additional protections
- Record segmentation and handling in electronic health record systems
Who needs this training?
Required for staff in federally assisted SUD treatment programs. R = Required by regulation. S = Strongly recommended. N/A = Not applicable for this setting.
| Practice Type | Status | Authority |
|---|---|---|
| Behavioral Health & SUD Treatment | Required | 42 CFR Part 2 (SUD programs) |
| Mental Health Private Practices | Required | If treating SUD (many mental health practices do) |
| Community Health Centers (FQHCs) | Recommended | Behavioral health counselors in FQHCs |
| All other verticals | N/A | Only applies to Part 2 programs |
Which roles must complete this training?
All staff who access or handle SUD patient records in Part 2 programs:
- Licensed Counselor / Therapist: Primary clinical staff handling SUD treatment records
- Psychiatrist / Prescribing Provider: Medication-assisted treatment and prescribing
- Peer Recovery Specialist: Patient support and case coordination
- Case Manager / Crisis Counselor: Care coordination and crisis intervention
- Intake Coordinator: Initial patient contact and record creation
- Billing Staff: Claims processing involving Part 2 records
Part 2 training should be provided at hire and whenever consent or redisclosure procedures are updated.
Common 42 CFR Part 2 training questions
What is 42 CFR Part 2 and who does it apply to?
Part 2 applies to any federally assisted program that holds itself out as providing SUD diagnosis, treatment, or referral. "Federally assisted" includes receiving federal funding, tax-exempt status, or Medicare/Medicaid enrollment. The regulation protects substance use disorder treatment records with stricter confidentiality requirements than standard HIPAA protections, covering all workforce members who access these records.
What changed with the 2024 final rule?
The February 2024 final rule allows a single consent for treatment, payment, and operations (TPO) - aligning with HIPAA. Before this change, separate consents were needed for each disclosure. However, the criminal proceedings prohibition and redisclosure notice requirements remain in place, keeping Part 2 stricter than HIPAA in those areas.
How is Part 2 different from HIPAA?
Part 2 is stricter in several key areas: records cannot be used in criminal proceedings without a court order, redisclosure requires explicit notice, and consent requirements for research and marketing remain more restrictive than HIPAA. The 2024 final rule aligned TPO consent but preserved these additional protections that reflect the heightened sensitivity of SUD treatment records.
Who needs 42 CFR Part 2 training?
All workforce members who access or handle SUD treatment records in a Part 2 program. This includes clinical staff (licensed counselors, therapists, psychiatrists), peer recovery specialists, case managers, intake coordinators, billing staff, and any subcontractors with access to Part 2 records.
Protect your patients' SUD treatment records with proper Part 2 training
20 minutes per person. Certificate on completion. Start your 14-day free trial now.
Start 14-day free trialRegulatory Disclaimer
Training requirements vary by organization type, size, state, payer mix, and accreditation. This guide reflects common federal and state requirements as of April 2026 and is not legal advice. Consult your compliance officer or legal counsel for requirements specific to your organization. State-specific content currently covers CA, TX, FL, NY, and IL. Additional states may have requirements not listed here. Last reviewed: April 2026.