Okla. Stat. tit. 43A, § 43A-2-109
This is the official text of Okla. Stat. tit. 43A, § 43A-2-109, 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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Office of Consumer Advocacy - Advocate General and
Official statutory text
staff - Confidentiality of information.
Oklahoma Statutes - Title 43A. Mental Health Page 38
A. The Department of Mental Health and Substance Abuse Services
is authorized and directed to establish the Office of Consumer
Advocacy within the Department of Mental Health and Substance Abuse
Services and to employ such personnel as may be necessary to carry
out the purposes of this section. The Office of Consumer Advocacy
shall have access to facilities operated by, subject to
certification by or under contract with the Department and the
records of such facilities, including but not limited to, records of
individuals receiving services. Records that are confidential under
state and federal law shall be maintained as confidential and not be
redisclosed.
B. The Advocate General and the staff of the Office of Consumer
Advocacy shall not act as attorneys on behalf of individuals
receiving services from facilities operated by, subject to
certification by or under contract with the Department, except that
they shall have the authority to file habeas corpus actions on
behalf of such individuals and appear on their behalf in civil
commitment and criminal post-commitment proceedings, and also appear
on behalf of Department consumers in proceedings for writs of
mandamus.
C. Except as otherwise specifically provided in this section
and as otherwise provided by state or federal laws, the information,
records, materials and reports related to investigations by the
Office of Consumer Advocacy are confidential and contain privileged
information. Accordingly, such records, materials and reports shall
not be open to public inspection nor their contents disclosed, nor
shall a subpoena or subpoena duces tecum purporting to compel
disclosure of such information be valid. An order of the court
authorizing the inspection, release or disclosure of information,
records, materials and reports related to investigations by the
Office of Consumer Advocacy shall be entered by a court only after a
review of the records and a determination, with due regard for the
confidentiality of the information and records and the privilege of
the persons identified in the records, that a compelling reason
exists, any applicable privilege has been waived and such
inspection, release or disclosure is necessary for the protection of
a legitimate public or private interest.
Oklahoma Statutes - Title 43A. Mental Health Page 38
A. The Department of Mental Health and Substance Abuse Services
is authorized and directed to establish the Office of Consumer
Advocacy within the Department of Mental Health and Substance Abuse
Services and to employ such personnel as may be necessary to carry
out the purposes of this section. The Office of Consumer Advocacy
shall have access to facilities operated by, subject to
certification by or under contract with the Department and the
records of such facilities, including but not limited to, records of
individuals receiving services. Records that are confidential under
state and federal law shall be maintained as confidential and not be
redisclosed.
B. The Advocate General and the staff of the Office of Consumer
Advocacy shall not act as attorneys on behalf of individuals
receiving services from facilities operated by, subject to
certification by or under contract with the Department, except that
they shall have the authority to file habeas corpus actions on
behalf of such individuals and appear on their behalf in civil
commitment and criminal post-commitment proceedings, and also appear
on behalf of Department consumers in proceedings for writs of
mandamus.
C. Except as otherwise specifically provided in this section
and as otherwise provided by state or federal laws, the information,
records, materials and reports related to investigations by the
Office of Consumer Advocacy are confidential and contain privileged
information. Accordingly, such records, materials and reports shall
not be open to public inspection nor their contents disclosed, nor
shall a subpoena or subpoena duces tecum purporting to compel
disclosure of such information be valid. An order of the court
authorizing the inspection, release or disclosure of information,
records, materials and reports related to investigations by the
Office of Consumer Advocacy shall be entered by a court only after a
review of the records and a determination, with due regard for the
confidentiality of the information and records and the privilege of
the persons identified in the records, that a compelling reason
exists, any applicable privilege has been waived and such
inspection, release or disclosure is necessary for the protection of
a legitimate public or private interest.
Status: in_force · Read it on the official government site
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