Okla. Stat. tit. 43A, § 43A-10-110
This is the official text of Okla. Stat. tit. 43A, § 43A-10-110, part of Oklahoma’s Stat. tit. 43A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43A,." Browse the sections below, each linked to its official government source.
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Confidentiality of records and reports
Official statutory text
A. The reports, records, and working papers used or developed
in an investigation of the circumstances of a vulnerable adult
pursuant to the provisions of the Protective Services for Vulnerable
Adults Act are confidential and may be disclosed only pursuant to
rules promulgated by the Director of Human Services or the State
Commissioner of Health, by order of the court, or as otherwise
provided by this section or Section 10-110.1 of this title.
B. Agency records of the Department of Human Services or the
Office of Client Advocacy within the State Department of Health
pertaining to a vulnerable adult may be inspected and their contents
disclosed without a court order to the following persons upon
showing of proper credentials and pursuant to their lawful duties:
1. A district attorney and the employees of an office of a
district attorney in the course of their official duties pursuant to
this title or the prosecution of crimes against vulnerable adults;
2. The attorney representing a vulnerable adult who is the
subject of a proceeding pursuant to the provisions of the Protective
Services for Vulnerable Adults Act;
3. Employees of a law enforcement agency of this or another
state and employees of protective services for vulnerable adults of
another state;
4. A physician who has before him or her a vulnerable adult
whom the physician reasonably suspects may have been abused or
neglected or any health care or mental health professional involved
in the evaluation or treatment of the vulnerable adult;
5. A caretaker, legal guardian, custodian or other family
members of the vulnerable adult; provided, the appropriate state
entity may limit such disclosures to summaries or to information
directly necessary for the purpose of such disclosure;
6. Any public or private agency or person authorized by the
Department to diagnose, provide care and treatment to a vulnerable
adult who is the subject of a report or record of vulnerable adult
abuse or neglect;
Oklahoma Statutes - Title 43A. Mental Health Page 227
7. Any public or private agency or person authorized by the
Department to supervise or provide other services to a vulnerable
adult who is the subject of a report or record of vulnerable adult
abuse or neglect; provided, the Department may limit such disclosure
to summaries or to information directly necessary for the purpose of
such disclosure; and
8. Any person or agency for research purposes, if all of the
following conditions are met:
a. the person or agency conducting such research is
employed by the State of Oklahoma or is under contract
with this state and is authorized by the Director of
Human Services and the State Commissioner of Health to
conduct such research, and
b. the person or agency conducting the research ensures
that all documents containing identifying information
are maintained in secure locations and access to such
documents by unauthorized persons is prohibited; that
no identifying information is included in documents
generated from the research conducted; and that all
identifying information is deleted from documents used
in the research when the research is completed.
C. Nothing in this section shall be construed as prohibiting
the appropriate state entity from disclosing such confidential
information as may be necessary to secure appropriate care,
treatment or protection of a vulnerable adult alleged to be abused
or neglected.
D. Records and their contents disclosed pursuant to this
section shall remain confidential. The use of such information
shall be limited to the purposes for which disclosure is authorized.
It shall be unlawful and a misdemeanor for any person to furnish any
record or disclose any information contained therein for any
unauthorized purpose.
E. Records of investigations conducted pursuant to the
Protective Services for Vulnerable Adults Act shall not be expunged
except by court order.
he use of such information
shall be limited to the purposes for which disclosure is authorized.
It shall be unlawful and a misdemeanor for any person to furnish any
record or disclose any information contained therein for any
unauthorized purpose.
E. Records of investigations conducted pursuant to the
Protective Services for Vulnerable Adults Act shall not be expunged
except by court order.
1. If the Department is currently or was previously appointed
as temporary guardian of the alleged victim of abuse, neglect,
financial exploitation, or financial neglect, any petition or motion
requesting expungement of the investigative records of the
Department shall be filed under the same case number.
2. Written notice of the hearing and a copy of any such
petition or motion shall be properly and timely served upon:
a. the alleged victim of abuse, neglect, financial
exploitation, or financial neglect,
b. the Department’s Office of General Counsel and any
other counsel of record in a proceeding in which the
Department was appointed as temporary guardian, and
Oklahoma Statutes - Title 43A. Mental Health Page 228
c. all other persons due notice in a guardianship
proceeding involving the victim pursuant to Section 3-
110 of Title 30 of the Oklahoma Statutes.
in an investigation of the circumstances of a vulnerable adult
pursuant to the provisions of the Protective Services for Vulnerable
Adults Act are confidential and may be disclosed only pursuant to
rules promulgated by the Director of Human Services or the State
Commissioner of Health, by order of the court, or as otherwise
provided by this section or Section 10-110.1 of this title.
B. Agency records of the Department of Human Services or the
Office of Client Advocacy within the State Department of Health
pertaining to a vulnerable adult may be inspected and their contents
disclosed without a court order to the following persons upon
showing of proper credentials and pursuant to their lawful duties:
1. A district attorney and the employees of an office of a
district attorney in the course of their official duties pursuant to
this title or the prosecution of crimes against vulnerable adults;
2. The attorney representing a vulnerable adult who is the
subject of a proceeding pursuant to the provisions of the Protective
Services for Vulnerable Adults Act;
3. Employees of a law enforcement agency of this or another
state and employees of protective services for vulnerable adults of
another state;
4. A physician who has before him or her a vulnerable adult
whom the physician reasonably suspects may have been abused or
neglected or any health care or mental health professional involved
in the evaluation or treatment of the vulnerable adult;
5. A caretaker, legal guardian, custodian or other family
members of the vulnerable adult; provided, the appropriate state
entity may limit such disclosures to summaries or to information
directly necessary for the purpose of such disclosure;
6. Any public or private agency or person authorized by the
Department to diagnose, provide care and treatment to a vulnerable
adult who is the subject of a report or record of vulnerable adult
abuse or neglect;
Oklahoma Statutes - Title 43A. Mental Health Page 227
7. Any public or private agency or person authorized by the
Department to supervise or provide other services to a vulnerable
adult who is the subject of a report or record of vulnerable adult
abuse or neglect; provided, the Department may limit such disclosure
to summaries or to information directly necessary for the purpose of
such disclosure; and
8. Any person or agency for research purposes, if all of the
following conditions are met:
a. the person or agency conducting such research is
employed by the State of Oklahoma or is under contract
with this state and is authorized by the Director of
Human Services and the State Commissioner of Health to
conduct such research, and
b. the person or agency conducting the research ensures
that all documents containing identifying information
are maintained in secure locations and access to such
documents by unauthorized persons is prohibited; that
no identifying information is included in documents
generated from the research conducted; and that all
identifying information is deleted from documents used
in the research when the research is completed.
C. Nothing in this section shall be construed as prohibiting
the appropriate state entity from disclosing such confidential
information as may be necessary to secure appropriate care,
treatment or protection of a vulnerable adult alleged to be abused
or neglected.
D. Records and their contents disclosed pursuant to this
section shall remain confidential. The use of such information
shall be limited to the purposes for which disclosure is authorized.
It shall be unlawful and a misdemeanor for any person to furnish any
record or disclose any information contained therein for any
unauthorized purpose.
E. Records of investigations conducted pursuant to the
Protective Services for Vulnerable Adults Act shall not be expunged
except by court order.
he use of such information
shall be limited to the purposes for which disclosure is authorized.
It shall be unlawful and a misdemeanor for any person to furnish any
record or disclose any information contained therein for any
unauthorized purpose.
E. Records of investigations conducted pursuant to the
Protective Services for Vulnerable Adults Act shall not be expunged
except by court order.
1. If the Department is currently or was previously appointed
as temporary guardian of the alleged victim of abuse, neglect,
financial exploitation, or financial neglect, any petition or motion
requesting expungement of the investigative records of the
Department shall be filed under the same case number.
2. Written notice of the hearing and a copy of any such
petition or motion shall be properly and timely served upon:
a. the alleged victim of abuse, neglect, financial
exploitation, or financial neglect,
b. the Department’s Office of General Counsel and any
other counsel of record in a proceeding in which the
Department was appointed as temporary guardian, and
Oklahoma Statutes - Title 43A. Mental Health Page 228
c. all other persons due notice in a guardianship
proceeding involving the victim pursuant to Section 3-
110 of Title 30 of the Oklahoma Statutes.
Status: in_force · Read it on the official government site
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