Okla. Stat. tit. 43A, § 43A-1-109

A. 1. All mental health and drug or alcohol abuse treatment

information, whether or not recorded, and all communications between

a physician or licensed mental health professional as defined in

Section 1-103 of this title, or a licensed alcohol and drug

counselor as defined in Section 1871 of Title 59 of the Oklahoma

Statutes, and a consumer are both privileged and confidential. In

addition, the identity of all persons who have received or are

receiving mental health or drug or alcohol abuse treatment services

shall be considered confidential and privileged.

2. Such information shall only be available to persons actively

engaged in the treatment of the consumer or in related

administrative work. The information available to persons actively

engaged in the treatment of the consumer or in related

administrative work shall be limited to the minimum amount of

information necessary for the person or agency to carry out its

function.

3. Except as otherwise provided in this section, such

information shall not be disclosed to anyone not involved in the

treatment of the patient or related administrative work.

B. A person who is or has been a consumer of a physician, a

licensed mental health professional as defined in Section 1-103 of

this title, a licensed alcohol and drug counselor as defined in

Section 1871 of Title 59 of the Oklahoma Statutes, a mental health

facility, a drug or alcohol abuse treatment facility or service, or

other agency for the purpose of mental health or drug or alcohol

abuse care and treatment, or such person’s treatment advocate as

defined in Section 1-109.1 of this title, shall be entitled to

personal access to his or her mental health or drug or alcohol abuse

treatment information, except the following:

1. Information contained in notes recorded in any medium by a

mental health professional documenting or analyzing the contents of

conversation during a private counseling session or a group, joint

or family counseling session, and that is separated from the rest of

the patient's medical record;

2. Information compiled in reasonable anticipation of or for

use in a civil, criminal or administrative action or proceeding;

3. Information that is otherwise privileged or prohibited from

disclosure by law;

4. Information the person in charge of the care and treatment

of the patient determines to be reasonably likely to endanger the

life or physical safety of the patient or another person;

5. Information created or obtained as part of research that

includes treatment; provided, the patient consented to the temporary

suspension of access while the research is ongoing. The patient's

right of access shall resume upon completion of the research;

Oklahoma Statutes - Title 43A. Mental Health Page 23

6. Information requested by an inmate that a correctional

institution has determined may jeopardize the health, safety,

security, custody or rehabilitation of the inmate or other person;

and

7. Information obtained under a promise of confidentiality and

the access requested would be reasonably likely to reveal the source

of the information.

C. 1. A valid written release for disclosure of mental health

or drug or alcohol abuse treatment information shall have, at a

minimum, the following elements:

a. the specific name or general designation of the

program or person permitted to make the disclosure,

b. the name or title of the individual or the name of the

organization to which disclosure is to be made,

c. the name of the consumer whose records are to be

released,

d. the purpose of the disclosure,

e. a description of the information to be disclosed,

f. the dated signature of the consumer or authorized

representative or both when required,

g. a statement of the right of the consumer to revoke the

release in writing and a description of how the

consumer may do so,

h. an expiration date, event or condition which, if not
ose records are to be

released,

d. the purpose of the disclosure,

e. a description of the information to be disclosed,

f. the dated signature of the consumer or authorized

representative or both when required,

g. a statement of the right of the consumer to revoke the

release in writing and a description of how the

consumer may do so,

h. an expiration date, event or condition which, if not

revoked before, shall ensure the release will last no

longer than reasonably necessary to serve the purpose

for which it is given, and

i. if the release is signed by a person authorized to act

for a consumer, a description of the authority of such

person to act.

2. A release is not valid if the document submitted has any of

the following defects:

a. the expiration date has passed or the expiration event

or condition is known to have occurred or to exist,

b. the release has not been filled out completely with

respect to an element described in paragraph 1 of this

section,

c. the release is known to have been revoked, or

d. any material information in the release is known to be

false.

3. A revocation of a release as provided in this section shall

be in writing and may be made at any time, except when:

a. information has already been released in reliance

thereon,

b. the authorization was obtained as a condition of

obtaining insurance coverage and other law provides

Oklahoma Statutes - Title 43A. Mental Health Page 24

the insurer with the right to contest a claim under

the policy or the policy itself, or

c. the release was executed as part of a criminal justice

referral.

4. Disclosure regarding a deceased consumer shall require

either a court order or a written release of an executor,

administrator or personal representative appointed by the court, or

if there is no such appointment, by the spouse of the consumer or,

if none, by any responsible member of the family of the consumer.

As used in this paragraph, "responsible family member" means the

parent, adult child, adult sibling or other adult relative who was

actively involved in providing care to or monitoring the care of the

patient as verified by the physician, psychologist or other person

responsible for the care and treatment of such person.

D. Except as otherwise permitted, mental health and alcohol or

substance abuse treatment information may not be disclosed without

valid patient authorization or a valid court order issued by a court

of competent jurisdiction. For purposes of this section, a subpoena

by itself is not sufficient to authorize disclosure of mental health

and alcohol or substance abuse treatment information.

E. An authorization shall not be required for the following

uses and disclosures, but information disclosed pursuant to one of

these exceptions must be limited to the minimum amount of

information necessary:

1. Disclosure by a health care provider of mental health

information necessary to carry out another provider's own treatment,

payment, or health care operations. Such disclosures shall be

limited to mental health information and shall not include substance

abuse information;

2. Communications to law enforcement officers regarding

information directly related to the commission of a crime on the

premises of a facility or against facility personnel, or a threat to

commit such a crime. Such communications involving persons with

substance abuse disorders shall be limited to the circumstances

surrounding the incident, consumer status, name and address of that

individual and the last-known whereabouts of that individual;

3. A review preparatory to research, research on decedents

information or research conducted when a waiver of authorization has

been approved by either an institutional review board or privacy

board;

4. Communications pursuant to a business associate agreement,

qualified service organization agreement or a qualified service
that

individual and the last-known whereabouts of that individual;

3. A review preparatory to research, research on decedents

information or research conducted when a waiver of authorization has

been approved by either an institutional review board or privacy

board;

4. Communications pursuant to a business associate agreement,

qualified service organization agreement or a qualified service

organization/business associate agreement. As used in this

paragraph:

a. "business associate agreement" means a written signed

agreement between a health care provider and an

outside entity which performs or assists in the

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performance of a function or activity involving the

use or disclosure of individually identifiable health

information on behalf of the health care provider,

b. "qualified service organization agreement" means a

written, signed agreement between a health care

provider and an outside entity which provides services

to the health care provider's consumers that are

different from the services provided by the health

care provider, that allows the health care provider to

communicate consumer information necessary for the

outside entity to provide services to the health care

provider's consumers without the need for an

authorization signed by a consumer and in which the

outside entity acknowledges that in receiving,

storing, processing or otherwise dealing with any

consumer information from the health care provider it

is fully bound by the provisions of 42 C.F.R., Part 2

and, if necessary, will resist any efforts in judicial

proceedings to obtain access to consumer information,

except as permitted by 42 C.F.R., Part 2, and

c. "qualified service organization/business agreement"

means a written, signed agreement between a health

care provider and an outside entity which provides

services to the health care provider's consumers that

are different from the services provided by the health

care provider, that allows the health care provider to

communicate consumer information necessary for the

outside entity to provide services to the health care

provider's consumers without the need for an

authorization signed by a consumer, and in which the

outside entity acknowledges that in receiving,

storing, processing or otherwise dealing with any

consumer information from the health care provider it

is fully bound by the provisions 42 C.F.R., Part 2

and, if necessary, will resist any efforts in judicial

proceedings to obtain access to consumer information,

except as permitted by 42 C.F.R., Part 2. The

agreement must also contain elements required by

federal privacy regulations in 45 C.F.R., Parts 160 &

164;

5. Reporting under state law incidents of suspected child abuse

or neglect to the appropriate authorities; provided, however, for

disclosures involving an individual with a substance abuse disorder,

this exception does not allow for follow-up communications;

6. Disclosure of consumer-identifying information to medical

personnel who have a need for information about a consumer for the

purpose of treating a condition which poses an immediate threat to

Oklahoma Statutes - Title 43A. Mental Health Page 26

the health of any individual and which requires immediate medical

intervention;

7. Communications necessary for audit and evaluation

activities;

8. When a program or facility director determines that an adult

person with a substance abuse disorder has a medical condition which

prevents the person from "knowing or effective action on his or her

own behalf", the program or facility director may authorize

disclosures for the sole purpose of obtaining payment for services.

If the person has been adjudicated incompetent, the facility must

seek permission to disclose information for payment from the legal

guardian;

9. Reporting of such information as otherwise required by law;
s the person from "knowing or effective action on his or her

own behalf", the program or facility director may authorize

disclosures for the sole purpose of obtaining payment for services.

If the person has been adjudicated incompetent, the facility must

seek permission to disclose information for payment from the legal

guardian;

9. Reporting of such information as otherwise required by law;

provided, however, such disclosure may not identify the person

directly or indirectly as a person with a substance abuse disorder;

10. Communications to coroners, medical examiners and funeral

directors for the purpose of identifying a deceased person,

determining a cause of death, or other duties as authorized by law

and as necessary to carry out their duties; provided, however, such

disclosure may not identify the person directly or indirectly as a

person with a substance abuse disorder;

11. Communications to organ procurement organizations or other

entities engaged in procurement, banking, or transplantation of

cadaveric organs, eyes or tissue for the purpose of facilitating

organ, eye or tissue donation and transplantation; provided,

however, such disclosure may not identify the person directly or

indirectly as a person with a substance abuse disorder;

12. Disclosure to professional licensure boards investigating

alleged unethical behavior towards a patient; provided, however,

such disclosure may not identify the person directly or indirectly

as a person with a substance abuse disorder;

13. Disclosure to the parent of a minor for the purpose of

notifying the parent of the location of his or her child; provided,

however, such disclosure may not identify the person directly or

indirectly as a person with a substance abuse disorder;

14. Mental health records may be disclosed to parties in a

judicial or administrative proceeding in cases involving a claim for

personal injury or death against any practitioner of the healing

arts, a licensed hospital, or a nursing facility or nursing home

licensed pursuant to Section 1-1903 of Title 63 of the Oklahoma

Statutes arising out of patient care, where any person has placed

the physical or mental condition of that person in issue by the

commencement of any action, proceeding, or suit for damages, or

where any person has placed in issue the physical or mental

condition of any other person or deceased person by or through whom

the person rightfully claims;

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15. Disclosure of consumer-identifying information when it

appears from all the circumstances that the individual has escaped

from a correctional institution or from lawful custody and the

release is to a law enforcement authority for the purpose of

identification and apprehension. Such disclosures shall be limited

to mental health information and shall not include substance abuse

information; and

16. When failure to disclose the information presents a serious

threat to the health and safety of a person or the public; provided,

however, such disclosure may not identify the person directly or

indirectly as a person with a substance abuse disorder.