42 C.F.R. § 2.51

Current through October 31, 2024
Section 2.51 - Medical emergencies
(a)General rule. Under the procedures required by paragraph (c) of this section, patient identifying information may be disclosed to medical personnel to the extent necessary to:
(1) Meet a bona fide medical emergency in which the patient's prior written consent cannot be obtained; or
(2) Meet a bona fide medical emergency in which a part 2 program is closed and unable to provide services or obtain the prior written consent of the patient, during a temporary state of emergency declared by a state or federal authority as the result of a natural or major disaster, until such time that the part 2 program resumes operations.
(b)Special rule. Patient identifying information may be disclosed to medical personnel of the Food and Drug Administration (FDA) who assert a reason to believe that the health of any individual may be threatened by an error in the manufacture, labeling, or sale of a product under FDA jurisdiction, and that the information will be used for the exclusive purpose of notifying patients or their physicians of potential dangers.
(c)Procedures. Immediately following disclosure, the part 2 program shall document, in writing, the disclosure in the patient's records, including:
(1) The name of the medical personnel to whom disclosure was made and their affiliation with any health care facility;
(2) The name of the person making the disclosure;
(3) The date and time of the disclosure; and
(4) The nature of the emergency (or error, if the report was to FDA).

42 C.F.R. §2.51

82 FR 6115 , Jan. 18, 2017, as amended at 85 FR 43038 , July 15, 2020
82 FR 6115 , 2/17/2017; 85 FR 43038 , 8/14/2020; 89 FR 12628 , 4/16/2024

Approved by the Office of Management and Budget under control number 0930-0099