Section 2.26 - Right to request privacy protection for records(a)(1) A part 2 program must permit a patient to request that the part 2 program restrict uses or disclosures of records about the patient to carry out treatment, payment, or health care operations, including when the patient has signed written consent for such disclosures.(2) Except as provided in paragraph (a)(6) of this section, a part 2 program is not required to agree to a restriction.(3) A part 2 program that agrees to a restriction under paragraph (a)(1) of this section may not use or disclose records in violation of such restriction, except that, if the patient who requested the restriction is in need of emergency treatment and the restricted record is needed to provide the emergency treatment, the part 2 program may use the restricted record, or may disclose information derived from the record to a health care provider, to provide such treatment to the patient.(4) If information from a restricted record is disclosed to a health care provider for emergency treatment under paragraph (a)(3) of this section, the part 2 program must request that such health care provider not further use or disclose the information.(5) A restriction agreed to by a part 2 program under paragraph (a) of this section is not effective under this subpart to prevent uses or disclosures required by law or permitted by this part for purposes other than treatment, payment, and health care operations.(6) A part 2 program must agree to the request of a patient to restrict disclosure of records about the patient to a health plan if: (i) The disclosure is for the purpose of carrying out payment or health care operations and is not otherwise required by law; and(ii) The record pertains solely to a health care item or service for which the patient, or person other than the health plan on behalf of the patient, has paid the part 2 program in full.(b) A part 2 program may terminate a restriction, if one of the following applies: (1) The patient agrees to or requests the termination in writing.(2) The patient orally agrees to the termination and the oral agreement is documented.(3) The part 2 program informs the patient that it is terminating its agreement to a restriction, except that such termination is:(i) Not effective for records restricted under paragraph (a)(6) of this section; and(ii) Only effective with respect to records created or received after it has so informed the patient.