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600-85, KSARNG, Substance Abuse Prevention & Control, 2007 Jun 1(2)
| 6 – 7. Confidentiality of civilian client records and information a. The confidentiality and disclosure of records of the identity, diagnosis, prognosis, prevention, or rehabilitation of any client maintained in connection with a Federal substance abuse program is controlled by 42 USC dd and 42 CFR Part 2. Generally, disclosure of such records is prohibited except under the following circumstances (1) The client has consented in writing in accordance with 42 CFR Part 2, Subpart C. (2) Records are released to medical personnel to the extent necessary to meet a bona fide medical emergency. (3) Records are released to qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation. But such personnel may not identify, directly or indirectly, any individual patient in any report of such research, auditor evaluation, or otherwise disclose patient identities in any manner. (4) If authorized by an appropriate order of a court of competent jurisdiction. b. An employee does not have to be enrolled in the program in order to be protected by the provisions of 42 USC dd and 42 CFR Part 2, as long as the employee is considered a patient. A patient is defined in 42 CFR 2.11 as any individual who has applied for or been given diagnosis or treatment for alcohol or drug abuse at federally assisted program The act of requesting an assisted program for an alcohol or drug abuse problem places the individual under the protection of these laws. c. The confidential nature of counseling records of civilian employees with alcohol or other drug problems will be preserved according to applicable laws, rules, and regulations. In situations where a TDP employee discloses to the EAP coordinator the current use of illegal drugs or significant alcohol abuse, and the employee has not given written permission to disclose the information, the EAP coordinator must consult with the installation ASAP manager and the servicing legal office without releasing identifying information of the TDP employee for guidance regarding disclosure to the supervisory chain for purposes of determining temporary abeyance of TDP duties. d. During the initial encounter with EAP the client will be notified of the Federal confidentiality requirements and will be given a written summary of the Federal laws and regulations. A sample notice can be found in 42 CFR 2.22. e. Clients may have access to their own records, including an opportunity to inspect and copy any records that the program maintains about the client. A client’s written request for such access, although not required to obtain records, is encouraged. AR 600–85 • 23 July 2020 49 f. Civilian EAP and SUD records will be maintained in accordance with 42 CFR 2.16; 49 CFR Part 382; AR 25 – 400 – 2; and the EAP coordinator Guidebook. EAP files will be maintained at the ASAP fora period of 5 years after file closure in accordance with the ARIMS under Record Retention Number RN a. g. The Privacy Act of 1974 (As Amended) (5 USC a) also applies to all information maintained in a system of records retrievable to an employee’s name or other personal identifiers. h. SUD counseling records of any civilian will meet the requirements of AR 40 – 66 and the HIPAA. i. The SUD clinical records for civilian employees will be maintained separate from other clinical records. EAP files will be maintained and secured (for example, in a secure room, locked file cabinet, or safe) separate from other administrative files. Download 3.47 Mb. Share with your friends:
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