Confidentiality of addiction counseling records in the United States is governed by which regulation?

Prepare for the Maine Certified Alcohol and Drug Counselor Test with detailed flashcards and multiple-choice questions, complete with hints and explanations. Ace your exam with confidence!

The confidentiality of addiction counseling records in the United States is primarily governed by 42 CFR part 2. This regulation specifically addresses the confidentiality of substance use disorder patient records and provides stringent protections for the privacy of individuals receiving treatment for substance use issues. It ensures that any information regarding a patient's substance use treatment cannot be disclosed without the patient's express consent, unless under certain specific and limited circumstances.

This emphasis on privacy is critical in addiction counseling because it fosters a safe environment for clients to seek help without fear of stigma or legal repercussions. The confidentiality requirements set forth by 42 CFR part 2 apply to federally assisted programs and are designed to encourage individuals struggling with substance use disorders to seek the care they need.

While HIPAA also addresses the confidentiality of health information more broadly, 42 CFR part 2 has more stringent rules specifically tailored for the substance use treatment system, which is why it is the regulation that governs the confidentiality of addiction counseling records. The other options, such as FERPA, ADA, and HIPAA, deal with different types of information and populations, but do not offer the same level of protection specifically for addiction counseling records as 42 CFR part 2 does.

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