CRIMINAL JUSTICE PRACTITIONER'S GUIDE TO THE NEW FEDERAL ALCOHOL AND DRUG ABUSE CONFIDENTIALITY REGULATIONS

• NCJ Number: 35808
• Journal: Federal Probation Volume: 40 Issue: 2 Dated: (JUNE 1976) Pages: 11-20
• Author(s): J C WEISSMAN
• Date Published: 1976
• Length: 10 pages
• Corporate Author: Administrative Office of the United States Courts
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE FEDERAL REGULATIONS PROTECTING THE CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS ARE EXAMINED FROM THE PERSPECTIVE OF THE CRIMINAL JUSTICE PRACTITIONER; INTERPRETATIONS AND SUGGESTIONS FOR COMPLIANCE ARE GIVEN.

Abstract

THESE FEDERAL REGULATIONS WERE ENACTED ON AUGUST 1, 1975. THE SCOPE OF THE REGULATIONS IS COMPREHENSIVE; PATIENT RECORDS ARE DEFINED BROADLY AND THE REGULATIONS ARE APPLIED TO ALL FUNCTIONS ASSOCIATED WITH SERVICE DELIVERY TO ALCOHOL AND DRUG ABUSERS AND RELATED ACTIVITIES PERTAINING TO THE ADMINISTRATION OF JUSTICE. THE AUTHOR STATES THAT IF EFFECTIVELY ENFORCED, THE NEW CONFIDENTIALITY REGULATIONS WILL SIGNIFICANTLY ALTER THE CURRENT CRIMINAL JUSTICE SYSTEM RESPONSE TO ALCOHOL AND DRUG ABUSE PREVENTION AND REGULATION. IN THIS ARTICLE THE SALIENT ISSUES REGARDING THE EFFECTS OF THE REGULATIONS UPON THE OPERATION OF THE CRIMINAL JUSTICE SYSTEM ARE IDENTIFIED AND EXAMINED. INTERPRETATIONS OF THE REGULATIONS ARE OFFERED AND TECHNIQUES ARE SUGGESTED FOR ACHIEVING COMPLIANCE WITH THE REQUIREMENTS IMPOSED BY THE REGULATIONS. ON THE BASIS OF PAST EXPERIENCE PRIMARY FOCUS IS DIRECTED TOWARD DRUG ABUSE RATHER THAN ALCOHOL ABUSE CONCERNS; DRUG ABUSE CONFIDENTIALITY ISSUES HAVE PROVEN TO BE SIGNIFICANTLY MORE PROBLEMATIC. (AUTHOR ABSTRACT MODIFIED)