NCJ Number
176977
Date Published
1999
Length
19 pages
Annotation
This is an overview of the application to common drug court situations of Federal regulations regarding the confidentiality of substance abuse treatment records.
Abstract
The close working collaboration of treatment providers and judicial system officials that has developed with the emergence of drug court programs has raised significant issues regarding the scope and limitations of the confidentiality protections afforded under Federal and State laws to participants in drug treatment programs. Issues to be addressed include individuals to whom these statutes and regulations apply; whether participants can waive these protections and, if so, for what purposes and under what circumstances; and limitations to these waivers in terms of how the information can be used and individuals to whom it can be communicated. The report discusses: (1) General Rules Regarding Confidentiality of Treatment Information; (2) Client Consent Forms; (3) Redisclosures of Information for Criminal Justice Referrals; (4) Maintenance of Written Files; (5) Redisclosures in General; (6) Consent of Minors; (7) Toxicology Results; (8) Subpoenas and Court Orders; and (9) Other Exceptions to the General Rule. Note, appendixes