The Center for Health & Pharmaceutical Law & Policy connection with the provision of drug or alcohol treatment services. 124 Therefore, the detox unit will need Part 2-compliant consent to disclose records to the hip surgeon within the same hospital, a requirement that could raise concerns for an integrated facility that wants to coordinate services. The Part 2 statute also permits programs to disclose PII without patient consent “[t]o medical personnel to the extent necessary to meet a bona fide medical emergency.” 125 The Part 2 regulations employ slightly different language, permitting disclosures “to medical personnel who have a need for information about a patient for the purpose of treating a condition which poses an immediate threat to the health of any individual and which requires immediate medical intervention.” 126 Either a physical or mental health emergency can trigger the exception. 127 Although the Part 2 statute and regulations do not define “medical personnel,” 128 SAMHSA guidance provides that any health care provider who is treating a patient for a medical emergency may use professional judgment to determine that a medical emergency exists; the determination need not be made by the Part 2 program itself. 129 Thus, an emergency room physician or HIO affiliated provider who is treating a patient may determine that a medical emergency exists and get access to Part 2 records without patient consent. 130 But a computer system, such as a HIE, cannot be used to automatically make the determination. 131 The medical emergency exception to Part 2 consent applies even if the patient previously withheld consent to disclose PII to the medical professional treating the emergency. 132 When the medical emergency exception applies, the entire Part 2 record may be released to a treating provider who indicates that s/he needs access to treat the emergency. 133 Interestingly, Part 2 does not prohibit the recipient medical personnel from redisclosing PII for treatment purposes. 134 When disclosures are made pursuant to the medical emergency exception, the Part 2 program must document in the patient’s record the name of the medical personnel to whom disclosure was made and that person’s affiliation with a health care facility; the name of the individual – and not just an electronic health record -- making the disclosure; the date and time of the disclosure; and the nature of the emergency. 135 The Part 2 program still must comply with the documentation requirements even when a HIO discloses PII in a medical emergency. 136
See LAC SBIRT Webinar, supra note 12, at 40-42; see also SAMHSA 2011 FAQ, supra note 73, at 5 (Q5). 42 U.S.C. § 290dd-2(b)(2)(A). 126 42 C.F.R. § 2.51(a). 127 See SAMHSA 2010 FAQ, supra note 69, at 14 (Q29). 128 See SAMHSA 2011 FAQ, supra note 73, at 5 (Q8). 129 See SAMHSA 2010 FAQ, supra note 69, at 13 (Q24). 130 See id. at 13 (Q24); SAMHSA 2011 FAQ, supra note 73, at 3 (Q5). 131 See SAMHSA 2010 FAQ, supra note 69, at 13 (Q25). 132 See id. at 16 (Q34). 133 See id. at 13 (Q26). 134 See id. at 13 (Q33); SAMHSA 2011 FAQ, supra note 73, at 4 (Q6). 135 See 42 C.F.R. § 251(c); SAMHSA 2010 FAQ, supra note 69, at 14, 15 (Q27, 30, 31); SAMHSA 2011 FAQ, supra note 73, at 5 (Q7). 136 See SAMHSA 2011 FAQ, supra note 73, at 5 (Q7). 124 125
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