Part 2 exclusive-SUD-facility patient presence

Editorial approval scope: The team checked current source fidelity, scope boundaries, dates, arithmetic, reader usefulness, practical workflow, and general-information limitations.

Current rule checkpoint

Live 42 CFR 2.13(c)(1) allows acknowledgment of an identified patient's presence at a facility or component publicly identified as providing only SUD diagnosis, treatment, or referral only with written consent that satisfies Part 2 or an authorizing Part 2 court order. Current section 2.31 supplies the consent requirements. eCFR displays Title 42 as current through August 20, 2026 and last amended August 13, 2026.

Public identity changes what presence reveals

The current patient-presence rule recognizes that confirming presence at an SUD-only facility reveals SUD service status. Inventory facility and component names, signs, websites, maps, directories, phone greetings, portals, badges, transportation, and public listings.

Consent or court order needs exact verification

Verify patient, requester, consent or order, recipient, scope, purpose, expiration, revocation, conditions, and response channel. A general service consent, emergency contact, family relationship, or verbal assertion may cover a different action.

Design every contact surface

Train reception, security, call centers, clinical teams, transport, vendors, and after-hours staff. Use approved scripts, private waiting procedures, visitor rules, directory settings, screen protections, pickup verification, access logs, and incident routing.

Classify the public identity of each location

Inventory legal and public names, building and unit signs, websites, maps, search listings, social profiles, referral materials, telephone greetings, caller identification, email domains, portals, badges, vehicles, transportation stops, directories, and community descriptions. Record which facility or component is identified as offering only SUD services and during which period.

Review co-located, temporary, virtual, mobile, after-hours, and shared-entrance arrangements. A larger mixed-use building does not automatically change the public identity of a clearly named SUD-only component.

Verify authority before any acknowledgment

Identify the patient, requester, verified identity, recipient, purpose, exact presence information, response channel, date, and requested time period. Verify current written consent for that acknowledgment or an authorizing Part 2 order, including scope, expiration, revocation, restrictions, and signer authority.

An emergency contact, family relationship, caregiver role, directory preference, visitor request, transportation pickup, general admission form, verbal claim, or staff familiarity may involve other rules without replacing the Part 2 gate. Use a neutral response while authority is missing or unresolved.

Design physical and digital operations

Train reception, clinical staff, security, call centers, transport, vendors, volunteers, and after-hours personnel. Protect waiting areas, sign-in, screens, public boards, visitor badges, schedules, pickup lines, deliveries, calls, mail, portal messages, and notifications. Log approved acknowledgments and unusual requests.

Test phone, front desk, pickup, emergency, legal, and vendor scenarios. If presence was exposed, preserve evidence, contain further disclosure, notify privacy and security, perform incident analysis, correct the channel, and verify remediation.

Example

Twelve presence requests are sampled. Nine have verified authority, recipient, scope, approved response, and log evidence; three rely on caller relationship. Readiness is 9 of 12 requests.

Record the presence-response decision

Classify each request as supported by specific written consent, supported by an authorizing Part 2 order, answered neutrally, denied, or unresolved. Record requester, patient named, facility or component identity, presence fact, purpose, recipient, channel, authority, dates, responder, and exact wording.

For unresolved contacts, use the approved nonconfirming script and set an escalation owner. Keep consent or order documents in a secure intake path that does not itself reveal presence.

For an approved acknowledgment, limit the answer to the supported fact and recipient. Verify the requester again at response time, log the communication, and avoid adding unit, service, provider, schedule, diagnosis, or treatment detail.

Audit physical and digital surfaces after rebranding, relocation, service change, or vendor implementation. Document signs, listings, routing, pickups, portal behavior, and test results with corrective closure.

Include voicemail, caller identification, delivery instructions, badges, public calendars, online reviews, and staff directory profiles. Assign every mismatch an owner, interim safeguard, completion date, and follow-up check.

Archive results.

Exclusive-facility presence checklist

• document the public identity of every facility, component, channel, and period;
• classify co-located, virtual, mobile, temporary, and shared-access configurations;
• authenticate requester and verify specific written consent or Part 2 order;
• use a neutral response while patient, recipient, scope, or authority is unresolved;
• protect physical, telephone, transport, portal, directory, and vendor workflows; and
• log, test, and correct any revealing acknowledgment or system behavior.

This rule does not decide every emergency, visitor, family, or directory question. Facility identity, patient authority, current Part 2, HIPAA, state law, custody, safety, and exact response require qualified review.