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Substance use disorder (SUD) treatment providers should ensure they are prepared by February 16, 2026, to meet the upcoming compliance requirements for handling SUD treatment patient records.

What do I need to do?

If you are an SUD treatment provider (Part 2) or handling patient information protected by Part 2, there are three main things you should know:

1. Updates to Patient Consent Forms and the Notice Accompanying Disclosure of Protected Information: The changes to 42 CFR Part 2 (Part 2) require updates to Part 2 programs' patient consent forms and updates to all providers' notices accompanying disclosure of information protected by Part 2. The Center for Excellence for Protected Health Information (PHI) has provided a  for Part 2 programs, as well as a on revising the notice accompanying disclosure of protected Part 2 information to assist with those necessary updates.
2. Updates to Policies/Procedures for SUD Counseling Notes: Clinicians and staff of Part 2 programs should educate patients about newer, stricter confidentiality protections applicable to SUD counseling notes to ensure they are aware of their options. SUD counseling notes must be separated from the rest of the patient’s record to meet the definition of SUD counseling notes, and a Part 2 program may not require a patient to authorize disclosure of SUD counseling notes. Click to learn more about updated requirements for SUD counseling notes.
3. Ensure Readiness for Enforcement: Mandatory compliance begins on February 16, 2026. Practically, this means that SAMHSA and DOJ are no longer jointly enforcing Part 2 requirements. Instead, the HHS Office for Civil Rights (OCR) will take over enforcement activities and may now enforce civil monetary penalties for failure to comply with obligations. Noncompliance, therefore, presents serious financial risks.

Why are these changes happening now?

These changes are the result of the finalization of federal rules for Part 2 programs to improve care coordination while maintaining strict patient confidentiality. A fact sheet on the major changes to the rules can be found .

Additional Information

For additional information, click here or visit the Center for Excellence for Protected Health Information’s resource . The Center for Excellence for Protected Health Information also about the 2024 Part 2 Final Rule.