U.S. Code » Title 42 » Chapter CHAPTER 6A— PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER III–A— SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION › Part Part D— Miscellaneous Provisions Relating to Substance Abuse and Mental Health

42 U.S.C. § 290dd

Substance abuse among government and other employees

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(a) Programs and services(1) Development

The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall be responsible for fostering substance abuse prevention and treatment programs and services in State and local governments and in private industry.

(2) Model programs(A) In general

Consistent with the responsibilities described in paragraph (1), the Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall develop a variety of model programs suitable for replication on a cost-effective basis in different types of business concerns and State and local governmental entities.

(B) Dissemination of information

The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall disseminate information and materials relative to such model programs to the State agencies responsible for the administration of substance abuse prevention, treatment, and rehabilitation activities and shall, to the extent feasible provide technical assistance to such agencies as requested.

(b) Deprivation of employment(1) Prohibition

No person may be denied or deprived of Federal civilian employment or a Federal professional or other license or right solely on the grounds of prior substance abuse.

(2) ApplicationThis subsection shall not apply to employment in—(A) the Central Intelligence Agency;(B) the Federal Bureau of Investigation;(C) the National Security Agency;(D) any other department or agency of the Federal Government designated for purposes of national security by the President; or(E) in any position in any department or agency of the Federal Government, not referred to in subparagraphs (A) through (D), which position is determined pursuant to regulations prescribed by the head of such agency or department to be a sensitive position.(3) Rehabilitation Act

The inapplicability of the prohibition described in paragraph (1) to the employment described in paragraph (2) shall not be construed to reflect on the applicability of the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] or other anti-discrimination laws to such employment.

(c) Construction

This section shall not be construed to prohibit the dismissal from employment of a Federal civilian employee who cannot properly function in his employment.

(July 1, 1944, ch. 373, title V, § 541, formerly Pub. L. 91–616, title III, § 301, Dec. 31, 1970, 84 Stat. 1849, as amended Pub. L. 92–554, Oct. 25, 1972, 86 Stat. 1167; Pub. L. 93–282, title I, § 105(a), May 14, 1974, 88 Stat. 127; Pub. L. 94–371, § 3(a), July 26, 1976, 90 Stat. 1035; Pub. L. 96–180, § 7, Jan. 2, 1980, 93 Stat. 1303; Pub. L. 97–35, title IX, § 962(a), Aug. 13, 1981, 95 Stat. 592; renumbered § 520 of act July 1, 1944, and amended Pub. L. 98–24, § 2(b)(13), Apr. 26, 1983, 97 Stat. 181; Pub. L. 98–509, title III, § 301(c)(2), Oct. 19, 1984, 98 Stat. 2364; renumbered § 541, Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516; Pub. L. 100–607, title VIII, § 813(2), Nov. 4, 1988, 102 Stat. 3170; Pub. L. 100–628, title VI, § 613(2), Nov. 7, 1988, 102 Stat. 3243; Pub. L. 101–93, § 5(t)(1), Aug. 16, 1989, 103 Stat. 615; Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 366; Pub. L. 114–255, div. B, title VI, § 6001(c)(1), Dec. 13, 2016, 130 Stat. 1203.)Editorial NotesReferences in Text

The Rehabilitation Act of 1973, referred to in subsec. (b)(3), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified principally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Codification

Section was formerly classified to section 4571 of this title prior to renumbering by Pub. L. 98–24.

Amendments

2016—Subsec. (a). Pub. L. 114–255 substituted “Assistant Secretary for Mental Health and Substance Use” for “Administrator of the Substance Abuse and Mental Health Services Administration” wherever appearing.

1992—Pub. L. 102–321 amended section generally, substituting provisions relating to substance abuse among government and other employees for provisions relating to technical assistance to States relative to alcohol abuse and alcoholism programs.

1989—Subsec. (a)(4). Pub. L. 101–93 directed that subsec. (a)(4) of this section as similarly amended by title VIII of Pub. L. 100–607 and title VI of Pub. L. 100–628 be amended to read as if the amendments made by title VI of Pub. L. 100–628 had not been enacted. See 1988 Amendment note below.

1988—Subsec. (a)(4). Pub. L. 100–607 and Pub. L. 100–628 made identical technical amendments to reference to section 290dd–2 of this title to reflect renumbering of corresponding section of original act.

1984—Pub. L. 98–509 amended directory language of Pub. L. 98–24, § 2(b)(13). See 1983 Amendment note below.

1983—Pub. L. 98–24, § 2(b)(13), as amended by Pub. L. 98–509, renumbered section 4571 of this title as this section.

Subsec. (a). Pub. L. 98–24, § 2(b)(13)(A)(i), substituted “the National Institute on Alcohol Abuse and Alcoholism” for “the Institute”.

Subsec. (a)(4). Pub. L. 98–24, § 2(b)(13)(A)(ii), substituted “section 290dd–2 of this title” for “section 4581 of this title”.

Subsec. (b). Pub. L. 98–24, § 2(b)(13)(A)(iii), substituted “this subchapter” for references to “this chapter”, meaning chapter 60 (§ 4541 et seq.) of this title, and the Drug Abuse Prevention, Treatment, and Rehabilitation Act [21 U.S.C. 1101 et seq.].

1981—Pub. L. 97–35 restructured provisions and substituted provisions relating to technical assistance for enumerated activities, and improvement of coordination with Drug Abuse Prevention, Treatment, and Rehabilitation Act, for provisions authorizing appropriations through fiscal year ending Sept. 30, 1981, for covered activities.

1980—Pub. L. 96–180 authorized appropriation of $60,000,000 and $65,000,000 for fiscal years ending Sept. 30, 1980, and 1981.

1976—Pub. L. 94–371 struck out “and” after “1975” and inserted provisions authorizing $70,000,000 to be appropriated for fiscal year ending Sept. 30, 1977, $77,000,000 to be appropriated for fiscal year ending Sept. 30, 1978, and $85,000,000 to be appropriated for fiscal year ending Sept. 30, 1979.

1974—Pub. L. 93–282 authorized appropriation of $80,000,000 for fiscal years ending June 30, 1975 and June 30, 1976.

1972—Pub. L. 92–554 substituted “for each of the next two fiscal years” for “for the fiscal year ending June 30, 1973”.

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Amendment by Pub. L. 102–321 effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title.

Effective Date of 1988 Amendments

Amendment by Pub. L. 100–628 effective Nov. 7, 1988, see section 631 of Pub. L. 100–628, set out as a note under section 254e of this title.

Amendment by Pub. L. 100–607 effective Nov. 4, 1988, see section 831 of Pub. L. 100–607, set out as a note under section 254e of this title.

Notes of Decisions
Cited in 26 cases (7 in the last 5 years), 1985–2025 · leading case: M.A.K. v. Rush-Presbyterian-St. Luke's Med. Ctr., 764 N.E.2d 1 (Ill. 2001).
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M.A.K. v. Rush-Presbyterian-St. Luke's Med. Ctr., 764 N.E.2d 1 (Ill. 2001). · cites it 9× “It states in pertinent part as follows: “(a) Requirement Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training,…”
Caron Found. of Florida, Inc. v. City of Delray Beach, 879 F. Supp. 2d 1353 (S.D. Fla. 2012). · cites it 4× “That same day, the City also changed its reasonable accommodation ordinance, deleting the reference to 42 U.S.C. § 290dd that would allow applicants to omit the address of the proposed location if disclosure would endanger patient confidentiality.”
Maxwell Kadel v. N.C. State Health Plan, 12 F.4th 422 (4th Cir. 2021). · cites it 2× “Compare 42 U.S.C. § 290dd- 2 (1993) with 42 U.S.C.”
Adoption of Virgil., 102 N.E.3d 1009 (Mass. App. Ct. 2018). “111E, § 18 and 42 U.S.C. § 290dd et seq." We see no error.”
Bill W. Doe v. Anthony M. Frank, Postmaster Gen. of the United States of Am., 951 F.2d 320 (11th Cir. 1992). “§§ 791-794 , and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 U.S.C. § 290dd. In addition, Doe maintained that his termination was in retaliation for prior discrimination complaints filed with the EEOC, in violation of…”
Adoption of Saul, 804 N.E.2d 359 (Mass. App. Ct. 2004). “For an example of a statute that provides for the confidentiality of “the identity, diagnosis, prognosis, and treatment of any patient” in certain substance abuse programs, see 42 U.S.C. § 290dd~2(a) (2000). Moreover, because we have determined that such notations, when made by…”
Rick R. Ellison v. Cocke Cnty., Tennessee & David Kickliter, M.D., 63 F.3d 467 (6th Cir. 1995). “, 42 U.S.C. § 290dd — 2(f); 42 C.F.R. §§ 2.”
Mosier v. Am. Home Patient, Inc., 170 F. Supp. 2d 1211 (N.D. Fla. 2001). “42 U.S.C. § 290dd — 2(b)(2)(C). To determine whether good cause exists, the court “must find that:” *1213 (1) Other ways of obtaining the information are not available or would not be effective; and (2) The public interest and need for the disclosure outweigh the potential…”
Doe v. Broderick, 225 F.3d 440 (4th Cir. 2000). “" See 42 U.S.C.A. § 290dd- 2(b)(2)(C) (emphasis added).”
People Ex Rel. Denver Dep't of Soc. Servs. Ex Rel. R.D.H., 944 P.2d 660 (Colo. Ct. App. 1997). “42 U.S.C. § 290dd — 2(b)(2)(C) (1994). Comprehensive regulations codified at 42 C.”
Walker v. Weinberger, 600 F. Supp. 757 (D.D.C. 1985). “§ 791 , and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (“Alcohol Rehabilitation Act”), 42 U.S.C. § 290dd, in failing to accord him a reasonable accommodation of his alcoholism by cumulating a series of unauthorized…”
S.A.B. v. Schattman, 838 S.W.2d 290 (Tex. App. 1992). “The relator, in the application for writ of mandamus, seeks to protect her medical records from discovery based not only upon the privilege set forth in rules 509 and 510 of the Texas Rules of Civil Evidence, but also seeks the protection set forth in 42 U.S.C.S. §§ 290dd and…”
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