Part 2 informant definition

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

Current rule checkpoint

The HHS Part 2 final-rule fact sheet reiterates strong limits on using Part 2 records to investigate or prosecute patients. The 2024 final rule provides the rulemaking record. For informant placement, the live definition must be read with 42 CFR 2.67, which governs court orders authorizing informants and undercover agents in specified program investigations.

The definition has status, request, and purpose elements

42 CFR 2.11 requires the patient or employee role, law-enforcement request, observation, and reporting purpose. Record agency, official, jurisdiction, person, program role, request, dates, planned observations, and reports.

Definition and placement authority differ

A person can meet the definition while the agency still needs to satisfy the applicable court-order and diligence requirements. Preserve the order, notice treatment, findings, on-site clock, access, disruption controls, and stop conditions.

Patient information stays protected

Confine use to the authorized program-employee or agent matter and block patient investigation, prosecution, or patient-order use. Monitor notes, recordings, messages, devices, reports, testimony, derivatives, and recipients.

Confirm the definition before addressing authority

The person must be a patient or employee of a Part 2 program, or become one at a law-enforcement request, and observe program patients or employees at that request for the purpose of reporting information to the agency or official. Record the person's program role, requesting agency and official, request date, intended observation, report route, and target conduct.

Keep definition, authorization, and permissible use as separate decisions. A person may fit the term while a proposed placement or activity lacks the required court order or exceeds its scope.

Route placement through the exact order process

Section 2.67 addresses orders authorizing placement to investigate employees or agents of a Part 2 program in connection with a criminal matter. The current rule sets application, notice, criteria, order-content, time, confidentiality, and use limits. It requires specific authorization and limits placement to twelve months unless a new order extends it.

Experienced Part 2 counsel should authenticate the order and map authorized person, program, suspected conduct, start date, end date, notice treatment, access, allowed observations, reporting, disruption safeguards, and stop conditions. Avoid interpreting a general warrant, subpoena, or agency letter as a substitute without qualified review.

Protect patients and treatment operations

The order must restrict use or disclosure of patient-identifying information to what is necessary for the authorized employee or agent investigation and must address disruption and confidentiality. Information obtained through the placement cannot be used to investigate or prosecute a patient in connection with a criminal matter.

Limit devices, notes, recordings, messages, copies, recipients, and system access. Give only the operational leaders identified by counsel the minimum information needed to implement the order. Preserve patient care, emergency response, communication access, medication safety, and ordinary complaint routes.

Close and preserve the file

Track the placement clock, amendments, renewed orders, reports, disclosures, incidents, and termination. At the stop date, end access, recover program credentials and devices as directed, preserve or dispose of information under the order and law, and document who confirmed closure. Separate public, sealed, investigative, and program records according to qualified instructions.

Example

Five proposed informant files are reviewed. Four contain every status, request, observation, reporting, and authority element; one lacks the initiating request. File completeness is 4 of 5.

Informant-file checklist

• document program role, law-enforcement request, observation purpose, and reporting route;
• authenticate the section 2.67 order and every scope or timing term;
• protect patient-identifying information and block patient investigation or prosecution use;
• limit access, devices, recording, recipients, and operational disruption;
• monitor the twelve-month limit, amendments, new orders, and stop conditions; and
• close credentials, records, reports, and retained evidence with named owners.

This page does not determine that placement is lawful or interpret a court order. These high-risk facts require immediate review by experienced Part 2 counsel and the accountable privacy and security officers.

The restricted implementation record should list the authenticated agency and official, court and order, program, authorized person, target employee or agent matter, start and stop dates, allowed activities, prohibited patient uses, devices, reporting route, confidentiality safeguards, amendments, incidents, and closure evidence. Limit the record's audience under counsel's direction. Use separate operational instructions when program staff need a narrow action without access to sealed or investigative details, and document who approved each instruction.

Review those instructions after any amended order, incident, personnel change, or extension before activity continues.