Under 42 CFR Part 2, disclosures to outside treatment require which type of consent?

• A. Verbal consent
• B. Court order always override
• C. Special consent
• D. No consent required in emergencies

Answer: (C)

Disclosures to an outside treatment provider require a special written consent. This consent is separate from the general treatment consent and must be specific about who is receiving the information, what is being disclosed, the purpose of the disclosure, and the scope of the information. It should include the patient’s or their legal representative’s signature and date, an expiration date or event, and a statement that the patient may revoke the consent in writing. It also must note that the recipient may not further disclose the information without authorization, except as allowed by Part 2, and that disclosure is limited to the minimum necessary. Verbal consent isn’t typically sufficient for outside disclosures, and while court orders can compel disclosure, they’re a different mechanism with their own rules. There are emergency situations under Part 2, but that doesn’t mean no consent is ever required; the general rule is that special written consent is needed for these outside disclosures to protect confidentiality.