---
kind: "section"
citation: "38 C.F.R. § 1.492"
title: "38"
number: "1.492"
heading: "Order not applicable to records disclosed without consent to researchers, auditors and evaluators."
url: "https://uscodex.org/cfr/38/1.492"
---

# §1.492. Order not applicable to records disclosed without consent to researchers, auditors and evaluators.


A court order under [§§ 1.460 through 1.499](/cfr/38/1.460..1.499.md) of this part may not authorize qualified personnel, who have received patient identifying information from VA without consent for the purpose of conducting research, audit or evaluation, to disclose that information or use it to conduct any criminal investigation or prosecution of a patient. However, a court order under [§ 1.495](/cfr/38/1.495.md) of this part may authorize disclosure and use of records to investigate or prosecute VA personnel.


## Notes

### Amendments

[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]

### Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

### Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

### Amendments

[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]