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38 CFR 1.490 - Legal effect of order.

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§ 1.490
Legal effect of order.
The records to which §§ 1.460 through 1.499 of this part apply may be disclosed if authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefore. In assessing good cause the court is statutorily required to weigh the public interest and the need for disclosure against the injury to the patient or subject, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, is required by statute to impose appropriate safeguards against unauthorized disclosure. An order of a court of competent jurisdiction to produce records subject to §§ 1.460 through 1.499 of this part will not be sufficient unless the order reflects that the court has complied with the requirements of 38 U.S.C. 7332(b)(2)(D). Such an order from a Federal court compels disclosure. However, such an order from a State court only acts to authorize the Secretary to exercise discretion pursuant to 38 U.S.C. 5701(b)(5) and 38 CFR 1.511 to disclose such records. It does not compel disclosure.
(Authority: 38 U.S.C. 7332(b)(2)(D) )

Title 38 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 38.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-02-11; vol. 78 # 28 - Monday, February 11, 2013
    1. 78 FR 9589 - Disclosures To Participate in State Prescription Drug Monitoring Programs
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Interim final rule.
      Effective Date: This rule is effective on February 11, 2013. Comment Date: Comments must be received on or before April 12, 2013.
      38 CFR Part 1

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 31 - MONEY AND FINANCE

§ 1311

§ 1316

§ 3711 - Collection and compromise

§ 3712 - Time limitations for presenting certain claims of the Government

§ 3713 - Priority of Government claims

§ 3714 - Keeping money due States in default

§ 3715 - Buying real property of a debtor

§ 3716 - Administrative offset

§ 3717 - Interest and penalty on claims

§ 3718 - Contracts for collection services

§ 3719 - Reports on debt collection activities

USC : Title 38 - VETERANS’ BENEFITS

§ 501 - Rules and regulations

§ 5009

USC : Title 39 - POSTAL SERVICE

§ 3220 - Use of official mail in the location and recovery of missing children

Presidential Documents

Executive Order ... 9865

Executive Order ... 10096

Title 38 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 1 after this date.

  • 2013-02-11; vol. 78 # 28 - Monday, February 11, 2013
    1. 78 FR 9589 - Disclosures To Participate in State Prescription Drug Monitoring Programs
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Interim final rule.
      Effective Date: This rule is effective on February 11, 2013. Comment Date: Comments must be received on or before April 12, 2013.
      38 CFR Part 1