Okla. Stat. tit. 63, § 63-1-502.2

under which release permissible - Written consent defined -

Oklahoma Statutes - Title 63. Public Health and Safety Page 209

Multidisciplinary advisory committee on HIV/HBV-infected health care

workers - Wrongful disclosure of certain information.

A. Unless otherwise provided by law, all information and

records created, received, investigated, held, or maintained by the

State Department of Health concerning any person who has

participated in a public health investigation or who may have any

communicable or noncommunicable disease which is required to be

reported pursuant to Sections 1-501 through 1-532.1 of this title

shall be confidential records of the Department and shall not be

required to be produced pursuant to the Oklahoma Open Records Act.

Such information shall not be released except under the following

circumstances:

1. Release is made upon court order;

2. Release is made in writing, by or with the written consent

of the person whose information is being kept confidential or with

the written consent of the legal guardian or legal custodian of such

person, or if such person is a minor, with the written consent of

the parent or legal guardian of such minor;

3. Release is necessary as determined by the State Department

of Health to protect the health and well-being of the general public

and such release is authorized or required under and released in

accordance with the Health Insurance Portability and Accountability

Act of 1996;

4. Release is made of medical or epidemiological information to

those persons who have had risk exposures pursuant to Section 1-

502.1 of this title;

5. Release is made of medical or epidemiological information to

health professionals, appropriate state or federal agencies, or

district courts to enforce the provisions of Sections 1-501 through

1-532.1 of this title and related rules and regulations concerning

the control and treatment of communicable or noncommunicable

diseases;

6. Release is made of specific medical or epidemiological

information for statistical purposes whether within the State of

Oklahoma or throughout the United States, in such a way that no

person can be identified;

7. Release is made of medical information among health care

providers, their agents or employees, within the continuum of care

for the purpose of diagnosis and treatment of the person whose

information is released whether within the State of Oklahoma or

throughout the United States; or

8. When the patient is an inmate in the custody of the

Department of Corrections or a private prison or facility under

contract with the Department of Corrections, and the release of the

information is necessary:

a. to prevent or lessen a serious and imminent threat to

the health or safety of a person or the public, and it

Oklahoma Statutes - Title 63. Public Health and Safety Page 210

is to a person or persons reasonably able to prevent

or lessen the threat, including the target of the

threat, or

b. for law enforcement authorities to identify or

apprehend an individual where it appears from all the

circumstances that the individual has escaped from a

correctional institution or from lawful custody.

B. For the purposes of this section only, "written consent"

means that the person whose information is required to be kept

confidential by this section or the person legally authorized to

consent to release by this section has been informed of all persons

or organizations to whom such information may be released or

disclosed by the specific release granted. Consent obtained for

release of information, pursuant to paragraph 2 of subsection A of

this section, shall not be considered valid unless, prior to

consent, the person consenting to the release was given notice of

the provisions for release of confidential information pursuant to

this section. The provisions of this subsection shall not apply to

written authorizations to disclose information to the Social
d for

release of information, pursuant to paragraph 2 of subsection A of

this section, shall not be considered valid unless, prior to

consent, the person consenting to the release was given notice of

the provisions for release of confidential information pursuant to

this section. The provisions of this subsection shall not apply to

written authorizations to disclose information to the Social

Security Administration.

C. 1. The State Department of Health may convene a

confidential meeting of a multidisciplinary team for recommendation

on school placement of a student who is infected with the human

immunodeficiency virus. The multidisciplinary team shall include,

but not be limited to, the following:

a. the parent, parents, legal representative, or legal

guardian or legal custodian of the student,

b. the physician of the student,

c. a representative from the superintendent's office of

the affected school district,

d. a representative from the State Department of

Education, and

e. a representative from the State Department of Health.

Each member of the team shall be responsible for protecting the

confidentiality of the student and any information made available to

such person as a member of the team. The multidisciplinary team

shall be exempt from the requirements of Sections 301 through 314 of

Title 25 of the Oklahoma Statutes and Sections 24A.1 through 24A.19

of Title 51 of the Oklahoma Statutes.

2. Each member of the local school board having jurisdiction

over the student shall also be responsible for protecting the

confidentiality of the student and any information made available to

such person as a school board member.

D. The State Department of Health may convene a confidential

meeting of a multidisciplinary advisory committee to make

recommendations regarding the practice of health care workers who

are infected with the human immunodeficiency virus (HIV) or

Oklahoma Statutes - Title 63. Public Health and Safety Page 211

hepatitis B virus (HBV), who may be performing exposure-prone

procedures. The membership of the multidisciplinary advisory

committee shall include, but not be limited to, the following:

1. The State Commissioner of Health or designee;

2. Legal counsel to the State Commissioner of Health;

3. The state epidemiologist or designee;

4. An infectious disease specialist with expertise in HIV/HBV

infection; and

5. Two practicing health care workers from the same discipline

as the HIV/HBV-infected health care worker.

In addition, the health care worker being discussed, and/or an

advocate, and the personal physician of the health care worker being

discussed shall be invited to the multidisciplinary advisory

committee meeting. Discussion of the case shall be made without

using the actual name of the health care worker. Each member of the

multidisciplinary advisory committee shall be responsible for

protecting the confidentiality of the HIV/HBV-infected health care

worker and the confidentiality of any information made available to

such person as a member of the multidisciplinary advisory committee.

The multidisciplinary advisory committee shall be exempt from the

requirements of the Oklahoma Open Meeting Act and the Oklahoma Open

Records Act.

E. Upon advice of the multidisciplinary advisory committee, the

State Commissioner of Health or designee may notify an appropriate

official at the health care facility where the HIV/HBV-infected

health care worker practices that the health care worker is

seropositive for HIV and/or HBV. Notification shall be made only

when necessary to monitor the ability of the HIV/HBV-infected health

care worker to comply with universal precautions and appropriate

infection control practices, and/or to monitor the ongoing

functional capacity of the health care worker to perform his or her

duties. Notification shall occur through one of the following

officials:

1. The facility administrator;

2. The hospital epidemiologist;
n necessary to monitor the ability of the HIV/HBV-infected health

care worker to comply with universal precautions and appropriate

infection control practices, and/or to monitor the ongoing

functional capacity of the health care worker to perform his or her

duties. Notification shall occur through one of the following

officials:

1. The facility administrator;

2. The hospital epidemiologist;

3. The chair of the infection control committee of the

facility; or

4. The medical chief of staff of the facility.

F. If the HIV/HBV-infected health care worker fails or refuses

to comply with the recommendations of the multidisciplinary advisory

committee, the State Commissioner of Health or designee may take

such actions as may be required to perform the duties imposed by the

laws of the State of Oklahoma, and may advise the appropriate

licensing board.

G. Any person who negligently, knowingly or intentionally

discloses or fails to protect medical or epidemiological information

classified as confidential pursuant to this section, upon

Oklahoma Statutes - Title 63. Public Health and Safety Page 212

conviction, shall be guilty of a misdemeanor punishable by the

imposition of a fine of not less than One Thousand Dollars

($1,000.00) or by imprisonment in the county jail for not more than

thirty (30) days, or by both such fine and imprisonment.

H. Any person who negligently, knowingly or intentionally

discloses or fails to protect medical or epidemiological information

classified as confidential pursuant to this section shall be civilly

liable to the person who is the subject of the disclosure for court

costs, attorney fees, exemplary damages and all actual damages,

including damages for economic, bodily or psychological harm which

are proximately caused by the disclosure.