---
kind: "section"
citation: "12 C.F.R. § 232.1"
title: "12"
number: "232.1"
heading: "Scope, general prohibition and definitions."
url: "https://uscodex.org/cfr/12/232.1"
---

# §232.1. Scope, general prohibition and definitions.

- (a) **Scope.** This part applies to creditors, as defined in [paragraph (c)(3)](#c-3) of this section, except for creditors that are subject to §§ [41.30](/cfr/12/41.30.md), [222.30](/cfr/12/222.30.md), [334.30](/cfr/12/334.30.md), [571.30](/cfr/12/571.30.md), or [717.30](/cfr/12/717.30.md).
- (b) **In general.** A creditor may not obtain or use medical information pertaining to a consumer in connection with any determination of the consumer's eligibility, or continued eligibility, for credit, except as provided in this section.
- (c) **Definitions.**
  - (1) Consumer means an individual.
  - (2) **Credit—** has the same meaning as in section 702 of the Equal Credit Opportunity Act, [15 U.S.C. 1691a](/usc/15/1691a.md).
  - (3) **Creditor—** has the same meaning as in section 702 of the Equal Credit Opportunity Act, [15 U.S.C. 1691a](/usc/15/1691a.md).
  - (4) Eligibility, or continued eligibility, for credit means the consumer's qualification or fitness to receive, or continue to receive, credit, including the terms on which credit is offered. The term does not include:
    - (i) Any determination of the consumer's qualification or fitness for employment, insurance (other than a credit insurance product), or other non-credit products or services;
    - (ii) Authorizing, processing, or documenting a payment or transaction on behalf of the consumer in a manner that does not involve a determination of the consumer's eligibility, or continued eligibility, for credit; or
    - (iii) Maintaining or servicing the consumer's account in a manner that does not involve a determination of the consumer's eligibility, or continued eligibility, for credit.
  - (5) **Medical information—** means:
    - (i) Information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to—
      - (A) The past, present, or future physical, mental, or behavioral health or condition of an individual;
      - (B) The provision of health care to an individual; or
      - (C) **The payment for the provision of health care to an individual.**
    - (ii) **The term does not include—**
      - (A) The age or gender of a consumer;
      - (B) Demographic information about the consumer, including a consumer's residence address or e-mail address;
      - (C) Any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy; or
      - (D) **Information that does not identify a specific consumer.**
  - (6) Person means any individual, partnership, corporation, trust, estate cooperative, association, government or governmental subdivision or agency, or other entity.

## Notes

### Authority

Authority: 15 U.S.C. 1681b.

### Source

Source: 70 FR 70682, Nov. 22, 2005, unless otherwise noted.