42 C.F.R. § 2.23

Patient access and restrictions on use and disclosure

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(a) Patient access not prohibited. These regulations do not prohibit a part 2 program from giving a patient access to their own records, including the opportunity to inspect and copy any records that the part 2 program maintains about the patient. The part 2 program is not required to obtain a patient's written consent or other authorization under the regulations in this part in order to provide such access to the patient.

(b) Restriction on use and disclosure of information. Information obtained by patient access to their record is subject to the restriction on use and disclosure of records to initiate or substantiate any criminal charges against the patient or to conduct any criminal investigation of the patient as provided for under § 2.12(d)(1).

[82 FR 6115, Jan. 18, 2017, as amended at 89 FR 12625, Feb. 16, 2024]

Notes of Decisions

Cited in 3 cases, 1984–2000 · leading case: State v. Andring, 342 N.W.2d 128 (Minn. 1984).

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State v. Andring, 342 N.W.2d 128 (Minn. 1984). · cites it 2× “42 C.F.R. § 2.23 (1982). The Minnesota Maltreatment of Minors Reporting Act (state child abuse act), Minn.”

Danielson v. Superior Court, 754 P.2d 1145 (Ariz. Ct. App. 1988). “42 C.F.R. § 2.23 (1987). Accordingly, BOMEX could not successfully subpoena such records without complying with these federal provisions.”

Sullivan v. Cornerstone Counseling Inc., 49 Pa. D. & C.4th 499 (2000). “” 42 CFR §2.23 . This section provides: “(a) Patient access not prohibited.”

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