---
kind: "section"
citation: "42 C.F.R. § 2.51"
title: "42"
number: "2.51"
heading: "Medical emergencies."
url: "https://uscodex.org/cfr/42/2.51"
---

# §2.51. Medical emergencies.

- (a) **General rule.** Under the procedures required by [paragraph (c)](#c) of this section, patient identifying information may be disclosed to medical personnel to the extent necessary to:
  - (1) Meet a bona fide medical emergency in which the patient's prior written consent cannot be obtained; or
  - (2) Meet a bona fide medical emergency in which a [part 2](/cfr/42/part2.md) program is closed and unable to provide services or obtain the prior written consent of the patient, during a temporary state of emergency declared by a state or federal authority as the result of a natural or major disaster, until such time that the [part 2](/cfr/42/part2.md) program resumes operations.
- (b) **Special rule.** Patient identifying information may be disclosed to medical personnel of the Food and Drug Administration (FDA) who assert a reason to believe that the health of any individual may be threatened by an error in the manufacture, labeling, or sale of a product under FDA jurisdiction, and that the information will be used for the exclusive purpose of notifying patients or their physicians of potential dangers.
- (c) **Procedures.** Immediately following disclosure, the [part 2](/cfr/42/part2.md) program shall document, in writing, the disclosure in the patient's records, including:
  - (1) The name of the medical personnel to whom disclosure was made and their affiliation with any health care facility;
  - (2) The name of the person making the disclosure;
  - (3) The date and time of the disclosure; and
  - (4) **The nature of the emergency (or error, if the report was to FDA).**

## Notes

### Amendments

[82 FR 6115, Jan. 18, 2017, as amended at 85 FR 43038, July 15, 2020; 89 FR 12628, Feb. 16, 2024]

### Authority

Authority: 42 U.S.C. 290dd-2; 42 U.S.C. 290dd-2 note.

### Source

Source: 82 FR 6115, Jan. 18, 2017, unless otherwise noted.

### Amendments

[82 FR 6115, Jan. 18, 2017, as amended at 85 FR 43038, July 15, 2020; 89 FR 12628, Feb. 16, 2024]