Important Update: New Federal HIPAA Privacy Rules Affect Dental Practices
New federal HIPAA privacy rules are prompting an important update for dental practices nationwide.
The American Dental Association has revised its Notice of Privacy Practices to reflect stricter confidentiality protections for substance use disorder (SUD) records under 42 CFR Part 2. These changes apply to all HIPAA-covered dental practices and must be adopted by February 16, 2026.
What’s Changing
Under the updated rules:
SUD treatment records now receive heightened confidentiality protections
These records generally cannot be used or disclosed without patient consent or a qualifying court order
Dentists may encounter SUD information through patient health histories or care coordination
The updated ADA Notice also serves as a reminder that certain types of information may be subject to additional federal or state privacy protections, including:
Substance use disorder records
Mental health information
HIV-related data
Genetic information
What’s Not Required
Dental practices do not need to add reproductive health privacy language. A federal court ruling issued in June 2025 removed that requirement.
What You Should Do Now
Dental practices should take the following steps to remain compliant:
Update your Notice of Privacy Practices using the ADA’s revised sample language
Provide the notice to new patients, make it available upon request, post it in your office, and add it to your website (if applicable)
Review internal policies, consent forms, and staff training related to handling Part 2 records
Special Note for Texas Dentists
Because this represents a material change in federal law, Texas practices must also update employee privacy training required under the Texas Medical Privacy Act within a reasonable time — no later than one year after the law takes effect.
Staying current with these updates helps protect your patients, reduce risk, and keep your practice compliant.
For additional details and resources:
Confidentiality of Substance Use Disorder (SUD) Patient Records
Fact Sheet: 42 CFR Part 2 Final Rule
