A state database check is the 42 CFR 2.3(b) search for a practice or provider in a similar state database of treatment facilities, where one is available. The check supplements the SAMHSA locator, provider-site evidence, and notice review. Record whether a relevant state source exists, what it covers, the search performed, and how any result was resolved.
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 2.3(b)(1)(ii) includes searching a similar state database of treatment facilities where one is available. The agency must identify the relevant authoritative state source, search the correct entity and site, preserve availability and query evidence, and integrate the result with every other reasonable-diligence step.
Availability and scope come first
42 CFR 2.3 qualifies the state search with “where available.” Identify the responsible state agency, current database, facility types, geographic reach, update date, exclusions, and access limitations before interpreting results.
Search the entity and the site
Use supported legal names, trade names, locations, licenses, and identifiers. Preserve queries, dates, results, links, exports, and reviewer. Distinguish a licensed entity, program site, service line, and historical listing.
The state result joins the complete sequence
Resolve matches and conflicts with the federal locator, provider website or location, and available notices. Document unavailable databases and technical failures. Avoid treating a blank result as a universal finding about Part 2 status.
Identify the relevant state source
Determine which state corresponds to the target practice or provider location and whether a current government treatment-facility database is available. Record the agency owner, database name, URL, coverage, update information, access limits, and date checked. Distinguish a facility locator or licensing database from a general business registry or unofficial directory.
If no similar state source is available, preserve the search for one, the sources consulted, and the basis for that conclusion.
Resolve entity and site variants
Capture legal name, trade names, former names, parent organization, addresses, license numbers, domains, and nearby or affiliated sites. Search reasonable name, location, service, status, and identifier variants supported by the database. A parent-level or closed-site result requires interpretation rather than automatic attribution.
Link every result to the specific entity and location facing the investigative action.
Preserve reproducible evidence
Record date and time, source URL, query terms, filters, result count, listing detail, status, services, addresses, reviewer, and saved evidence. Note login restrictions, system errors, inaccessible documents, ambiguous fields, and update dates. Avoid patient information and unnecessary investigative facts.
Use a second reviewer for matches that depend on name similarity, shared addresses, or parent relationships.
Interpret the result narrowly
A listing may support the conclusion that further Part 2 analysis is needed, but database scope and current service facts still matter. A missing listing does not establish that Part 2 is inapplicable. Facilities can change names, locations, licenses, services, or publication status.
State the result, its limitations, conflicting evidence, and what additional verification is required. Qualified counsel makes the legal applicability decision.
Join and refresh the sequence
Reconcile the state result with the SAMHSA locator, provider website or physical location, and available Patient Notice or HIPAA Notice of Privacy Practices. Complete all actions within reasonable timing and no more than 60 days before demand or placement. Refresh a search after material change or delay.
Audit source authority, provider matching, evidence quality, timing, remaining checks, and connection to the exact investigative instrument.
Manage source changes and unavailable databases
Record replacement systems, maintenance notices, access restrictions, archived data, and agency contact information when the expected state database is unavailable or changes. Do not substitute an unofficial directory silently. Counsel should decide whether another government facility source is sufficiently similar for the defined check and document that reasoning. Retry transient failures before action and preserve each attempt.
If the database later becomes available before the demand or placement, complete the search and reassess the full record. For recurring investigations, verify the official source rather than carrying forward an old database name or bookmarked result.
Retire obsolete bookmarks from shared procedures and templates.
Example and controls
Eight state checks are due. Six have a scoped source, reproducible search, result, and conflict review; two record “none found” without identifying a database. Completeness is 6 of 8 checks.
State-database checklist
- identify the relevant authoritative state source and document availability;
- resolve names, parent entities, addresses, sites, licenses, and status;
- use reasonable database queries and preserve reproducible evidence;
- explain positive, negative, ambiguous, outdated, and conflicting results;
- combine the result with every other listed diligence action; and
- refresh within timing limits and link it to the exact demand or placement.
The state check contributes one documented source perspective. Its value depends on authoritative scope, accurate entity matching, and transparent limitations.
Related terms
Sources
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