Part II - Patient Consent Requirements

August 27, 2020

Access the on-demand webinar here.

The webinars in 42 CFR Part 2 Compliance webinar series and can be purchased individually or as part of the series. To learn more and/or purchase the full series, click here.

The 42 CFR Part 2 (“Part 2”) regulations protect the confidentiality of certain substance use disorder records by restricting the circumstances under which Part 2 Programs and lawful holders of Part 2-protected records can disclose patient records. 

The Part 2 consent requirements are more strict than HIPAA.  While HIPAA permits covered entities to use and disclose patient health information for treatment, payment and health operations without the patient’s consent, Part 2 requires a patient to consent in writing to the disclosure of their substance use disorder records for purposes of treatment, payment and health care operations, unless one of a limited number of exception applies.  While SAMHSA’s 2020 Final Rule updated some of the consent requirements, most disclosures still require a patient consent.  Health centers with a Part 2 Program must ensure they have a patient’s written consent to disclose to other health center providers for treatment purposes, to the patient’s insurance company for payment purposes, to any health information exchange and to a prescription drug monitoring program (PDMP), if such reporting is required under state law. 

Part 2 Programs must also provide patients with specific notice that their records are protected by Part 2. 

In this second webinar, FTLF attorneys will

  • Provide an overview of the consent requirements under Part 2
  • Discuss strategies for incorporating the Part 2 consent requirements into your existing HIPAA disclosure form and procedure
  • Review the Part 2 patient notice requirements

Target Audience

  • Compliance Officers
  • Privacy Officers
  • Medical Records
  • Substance Use Disorder Providers
  • MAT Program Directors and Staff
  • Operations

Learning Objectives

After ​​​​this webinar, you will be able to:

  • Describe the consent requirements under Part 2
  • Identify strategies for incorporating the Part 2 consent requirements into your current forms and for implementing a consent process
  • Develop a Part 2-compliant patient notice
Course summary
Available credit: 
  • 1.00 Certificate of Attendance
Course opens: 
Course expires: 
Event starts: 
08/27/2020 - 1:00pm EDT
Event ends: 
08/27/2020 - 2:00pm EDT


As Partner and Compliance Counsel with the firm’s health law practice group, Dianne advises health centers on implementing effective compliance programs and on addressing top compliance risk areas. Dianne counsels health centers and other organizations on developing compliance programs that include the OIG’s seven elements, respond to identified compliance risk areas, and reflect the organization’s culture.  Dianne also advises health centers and other organizations on patient privacy and confidentiality, including the HIPAA Privacy Rule and 42 CFR Part 2.  She has experience responding to privacy and security incidents, including determining whether there has been a breach, notifying patients and the government, and creating corrective action plans. [Full Bio]

Participants can earn up to 1.20 CPE credits in Specialized Knowledge and Applications upon completion of all course requirements.


If you purchase CPE credit for this webinar you must satisfy the following conditions in order to receive your certificate:

  1. Answer at least 3 of the polling questions during the webinar
  2. Complete the evaluation survey after the conclusion of the webinar or in the follow-up email

Upon completion of these requirements, FTLF will email you your CPE Certificate within five (5) business days.


  • Prerequisites: None 
  • Target Audience: Compliance Officers, Privacy Officers, Medical Records, Substance Use Disorder Providers, MAT Program Directors and Staff, Operations
  • Advanced Preparation: None  
  • Program Level: All
  • Delivery Method: Group Internet Based
  • Attendance Requirements: In order to be awarded the full credits, you must respond to three (3) out of five (5) polling questions.

Feldesman Tucker Leifer Fidell LLP is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website (formerly

Available Credit

  • 1.00 Certificate of Attendance


Please login or register to take this course.

Access to the recorded version of this webinar is included in your purchase.


The recorded version of this webinar will be available within five (5) business days after the conclusion of the live event. You will have access to the recording for 180 days after the live webinar has concluded. Once posted to your account, you can view this webinar anytime on-demand during the access period identified in the Recorded Webinar Now Available email. For additional information on viewing and accessing webinars, view our full terms and conditions here.


All registrations made the day of a live webinar must be completed using a credit card or PayPal. We do not accept check payments or purchase orders for live webinars on the day of the webinar. If you wish to pay by check, please register in enough time for your check to reach our office; we must receive your check before we grant access to the webinar. If we receive your check after the live webinar, we will grant you access to the recorded webinar. For the most current information, please visit our FAQ page.


For orders of live webinars, FTLF will issue a full refund for cancellations requested at least one week PRIOR to the live webinar. We do not provide refunds for no-shows; however, you may request access to the recorded version of the webinar. If you ordered the wrong webinar and need to transfer your registration to a different program, please Contact Us. View our full policy on refunds and cancellations on our FAQ page.

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