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  • Ann Tucker

SAMHSA Statement on 42 CFR Part 2 Amendments Process

Updated: Apr 21, 2021

Substance Abuse and Mental Health Services Administration (SAMHSA)

SAMHSA is working with the HHS Office for Civil Rights on a Notice of Proposed Rulemaking to address the changes required by the CARES Act, to the 42 CFR part 2 regulations governing the confidentiality of substance use disorder patient records. We intend to publish these amendments later this year in the Federal Register, and we will be seeking comments from the public. Until new regulations are promulgated, the current 42 CFR part 2 regulations remain in effect. We know that many stakeholders are eagerly awaiting these revisions and appreciate your patience as we work to provide a thoughtful and thorough review of these provisions and amendments.

In Short, per Legal Action Center:

Current 42 CFR Part 2 regulations will stay in effect until SAMHSA and the HHS Office for Civil Rights promulgate changes required by the CARES Act. This means that the CARES Act changes do not take effect until SAMHSA and the Office for Civil Rights finalize regulatory changes to 42 CFR Part 2.

Congressional Hearing Helf on Intersection of Addiction and COVID-19

The Subcommittee on Health of the Committee on Energy and Commerce held a legislative hearing on Wednesday, April 14, 2021, at 10:30am ET entitled, "An Epidemic within a Pandemic: Understanding Substance Use and Misuse in America." Watch the hearing

Legislation Discussed:

HR 654 - "Drug-Free Communities Pandemic Relief Act"

HR 955 - "Medicaid Reentry Act"

HR 1384 - "Mainstreaming Addiction Treatment Act"

HR 1910 - "Federal Initiative to Guarantee Health by Targeting Fentanyl Act"

HR 2051 - "Methamphetamine Response Act"

HR 2067 - "Medication Access and Training Expansion Act"

HR 2355 - "Opioid Prescription Verification Act"

HR 2364 - "Synthetic Opioid Danger Awareness Act"

HR 2366 - "Support, Treatment, and Overdose Prevention of Fentanyl Act"

HR 2379 - "State Opioid Response Grant Reauthorization Act"

HR 2405 - "Streamlining Research on Controlled Substances Act"

Hearing Witnesses:

REGINA M. LABELLE, Acting Director

White House Office of National Drug Control Policy


Santa Cruz Strategies, LLC.

RATRICIA L. RICHMAN, National Sentencing & Resource Counsel

Federal Public & Community Defenders

MARK VARGO, Pennington County State's Attorney

Legislative Committee Chairman, Nat'l. District Attys. Assn.

TIMOTHY WESTLAKE M.D., F.F.S.M.B., F.A.C.E.P., E.D. Medical Director

Pro Health Care Oconomowoc Memorial Hospital

J. DEANNA WILSON, M.D., M.P.H., Asst. Prof. of Medicine & Pediatrics

University of Pittsburgh School of Medicine

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