As a chiropractor, your primary focus is on supporting your patients’ musculoskeletal and nervous system health. However, in today’s integrated healthcare landscape, you may encounter situations where Substance Use Disorder (SUD) consent becomes relevant. Understanding these scenarios and knowing how to navigate them is critical for protecting your patients’ privacy and your practice.

At ChiroFutures Malpractice Insurance Program, we’re here to help you manage these complexities with confidence and ensure you’re always in compliance with federal and state regulations.

When Might SUD Consent Be Relevant for Chiropractors?

While SUD records are traditionally associated with addiction treatment facilities, chiropractors may encounter these privacy rules in several scenarios, including:

• Collaborative Care: Working alongside medical doctors, physical therapists, or addiction specialists may require you to share or receive SUD-related health information.
• Chronic Pain Management: Patients with a history of SUD often seek chiropractic care as a non-pharmaceutical alternative for managing chronic pain.
• Integrated Clinics: Chiropractors practicing in multidisciplinary clinics may need access to SUD records to provide holistic, coordinated care.
• Legal or Court-Ordered Treatment: Patients under court-ordered treatment for SUD may request you to share or receive information with probation officers, legal entities, or healthcare providers.
• Workers' Compensation or Personal Injury: Managing insurance claims or legal cases where SUD treatment history could impact care or outcomes.

In all these cases, 42 CFR Part 2—federal regulations governing SUD treatment records—requires a patient’s written consent for most disclosures. Understanding these consent requirements is crucial to avoid violations and maintain patient trust.

Navigating Risk and Compliance

Handling SUD records involves more than just obtaining a signature. Chiropractors need to ensure:

• Proper Documentation: Consent forms for SUD disclosures must include specific details like the purpose of disclosure, the recipient, and an expiration date.
• Awareness of Exceptions: Certain emergencies or court orders may allow disclosure without consent, but these must be documented thoroughly.
• Staff Training: Your team should understand when and how SUD consent applies to ensure compliance with federal and state laws.

Failing to follow these rules could lead to serious legal consequences and damage your professional reputation.

How ChiroFutures Has Your Back

At ChiroFutures, we understand that navigating complex privacy regulations like 42 CFR Part 2 can feel daunting. That’s why we provide resources, guidance, and support to help you handle these scenarios with confidence.

• Risk Management Advice: Our team is available to answer questions about SUD consent and ensure you’re following best practices.
• Customizable Templates: We provide consent forms and policy templates to make compliance simple and straightforward.
• Expert Support: In the event of a privacy breach or complaint, our malpractice coverage ensures you have the legal and professional support you need.

Don’t Navigate Alone

Privacy regulations surrounding Substance Use Disorder records are complex, but you don’t have to figure them out on your own. With a trusted malpractice provider like ChiroFutures by your side, you’ll have the tools and guidance to protect both your patients and your practice.

Have questions about SUD consent or other privacy concerns? Contact ChiroFutures today and let us help you manage risk with confidence.