(Recorded Webinar) Part II - Patient Consent Requirements

Duration: 60 minutes
Webinar recorded on: 8/27/2020

The webinars in 42 CFR Part 2 Compliance webinar series 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: 


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]

Certificates of Attendance: We verify attendance upon completion of a webinar (live or recorded version) and will only issue certificates in the name of the account holder enrolled in the course. If you need to document attendance for someone other than the account holder, we provide blank Certificates of Attendance for a supervisor to sign and certify that a different individual viewed the course. 

Group Attendance: Due to the online nature of webinars, we cannot verify participation by more than one person. For groups, we provide an attendance record form and blank Certificates of Attendance to record attendance at a group viewing session and document each individual's participation. We recommend that a supervisor or colleague sign the certificate to certify attendance. 

Read more about maintaining an attendance record in our FAQs.

Available Credit

  • 1.00 Certificate of Attendance


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Recorded webinars are available for 90 days after the date of purchase or date of the webinar. Once posted to your account, you can view this webinar anytime on-demand during the access period identified in your purchase confirmation. For additional information on viewing and accessing webinars, view our full terms and conditions here.


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Required Hardware/Software

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