Okla. Stat. tit. 63, § 63-1-120

Immunity from liability.

A. Except as otherwise provided by Section 1-119 of this title,

the individual forms, computer tapes, or other forms of data

collected by and furnished to the Division of Health Care

Information or to a data processor pursuant to the Oklahoma Health

Care Information System Act shall be confidential and shall not be

public records as defined in the Oklahoma Open Records Act.

B. After approval by the State Department of Health, the

compilations prepared for release or dissemination from the data

collected, except for a report prepared at the request of an

individual data provider containing information concerning only its

transactions, shall be public records.

C. The confidentiality of identifying information is to be

protected and the pertinent statutes, rules and regulations of this

state and of the federal government relative to confidentiality

shall apply.

D. Identifying information shall not be disclosed, and shall

not be used for any purpose except for the creation and maintenance

of anonymous medical case histories for statistical reporting and

data analysis.

E. The Division or other state agency receiving information

pursuant to the Oklahoma Health Care Information System Act shall be

subject to the same confidentiality restrictions imposed by state or

federal law as the public or private agency providing the

information and is prohibited from taking any administrative,

investigative or other action with respect to any individual on the

basis of the identifying information. The Division data analyzer or

other state agency receiving information pursuant to the Oklahoma

Health Care Information System Act is further prohibited from

identifying, directly or indirectly, any individual in any report of

scientific research or long-term evaluation, or otherwise disclosing

identities in any manner.

F. Except as otherwise authorized by the Oklahoma Health Care

Information System Act, identifying information submitted to the

Division which would directly or indirectly identify any person

shall not be disclosed by the Division either voluntarily or in

response to any legal process, unless directed to by a court of

competent jurisdiction, granted after application showing good cause

Oklahoma Statutes - Title 63. Public Health and Safety Page 96

therefor with notice of the hearing to the Division. In assessing

good cause the court shall only grant such application if it seeks

to challenge the statistical efficacy of a finding made by the

Division or alleges a violation of confidentiality by the Division.

Such application shall then be granted only when the public interest

and the need for disclosure outweighs the injury to the person, 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, shall impose appropriate safeguards against unauthorized

disclosure.

G. Any person who submits or receives data as required or

authorized by the Oklahoma Health Care Information System Act shall

be immune from liability in any civil action for any action taken as

required by the provisions of the Oklahoma Health Care Information

System Act. This immunity is in addition to any other immunity for

the same or similar acts to which the person is otherwise entitled.

H. Any person who violates the confidentiality provisions of

this section shall be punishable by a fine of Five Thousand Dollars

($5,000.00).