Okla. Stat. tit. 63, § 63-1-550.2

A. It is hereby found that the occurrence of a birth defect is

a tragedy for the child, the family and the community, and a matter

of vital concern to the public health. A system to obtain more

information about these conditions could result in their prevention,

treatment and management. Therefore, it is the intent of the

Oklahoma State Legislature, in enacting this section, to:

1. Obtain information on the incidence and trends of birth

defects and poor reproductive outcomes;

2. Obtain information to determine whether environmental

hazards are associated with birth defects and poor reproductive

outcomes;

3. Obtain information as to other possible causes of birth

defects and poor reproductive outcomes; and

4. Develop prevention strategies for reducing the incidence of

birth defects and poor reproductive outcomes.

B. The Commissioner of Health may establish a system for the

collection and verification of information concerning birth defects

and other poor reproductive outcomes. In establishing the system,

the Commissioner may require general acute care hospitals to

maintain a list of patients up to six (6) years of age who have been

diagnosed with birth defects incorporated within the newest version

of the ICD diagnostic code categories or such other information as

the Commissioner deems appropriate, and all women discharged with a

diagnosis of stillbirth, miscarriage or poor reproductive outcomes.

The list shall be made available to the Commissioner upon request

and shall be used solely for purposes provided in this section.

C. The Commissioner may require general acute care hospitals,

and other sources as deemed necessary, to make available to the

State Department of Health the medical records of those patients who

have been diagnosed with birth defects or poor reproductive outcomes

as required in this section.

D. The Commissioner may require general acute care hospitals,

and other sources as deemed necessary, to make electronic medical

records of those patients who have been diagnosed with birth defects

or poor reproductive outcomes, as required in this section,

available to the State Department of Health through remote computer

access, provided the hospital and/or other source has established

remote computer access capabilities.

E. The system shall be implemented statewide.

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F. The Commissioner may use the information collected pursuant

to subsection B of this section and information available from other

reporting systems and health providers to conduct studies to:

1. Investigate the causes of birth defects and poor

reproductive outcomes;

2. Determine and evaluate measures designed to prevent their

occurrences; and

3. Where possible, ensure delivery of services for children

identified with birth defects. The Department's investigation of

poor reproductive outcomes shall include geographic, time-related or

occupational associations, as well as investigations of past

exposure to potentially harmful substances.

G. All information collected and analyzed pursuant to this

section shall be confidential insofar as the identity of the

individual patient is concerned and shall be used solely for the

purpose provided in this section. Access to such information shall

be limited to the State Department of Health; provided, that the

Commissioner may provide access to those scientists who are engaged

in demographic, epidemiological or other similar studies related to

health, and who agree, in writing as nonstate employees, to be

identified and coded while maintaining confidentiality as described

herein.

H. The Department shall maintain an accurate record of all

persons who are given access to the information in the system. The

record shall include:

1. The name of the persons authorizing access;

2. The name, title and organizational affiliation of persons

given access;

3. The dates of access;
tate employees, to be

identified and coded while maintaining confidentiality as described

herein.

H. The Department shall maintain an accurate record of all

persons who are given access to the information in the system. The

record shall include:

1. The name of the persons authorizing access;

2. The name, title and organizational affiliation of persons

given access;

3. The dates of access;

4. The specific purpose for which the information is to be

used; and

5. The results of the independent research.

I. Nothing in this section shall prohibit the publishing of

statistical compilations relating to birth defects or poor

reproductive outcomes which do not in any way identify individual

cases or individual sources of information.

J. Any person who, in violation of a written agreement to

maintain confidentiality, willfully discloses any information

provided pursuant to this section shall be denied further access to

any confidential information maintained by the Department. That

person shall also be deemed guilty of a misdemeanor, and upon

conviction thereof shall be punished by a fine of Two Hundred

Dollars ($200.00) or imprisonment in the county jail for not more

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

K. The State Board of Health is authorized to adopt, amend and

repeal rules and regulations for the purpose of carrying out the

provisions of this section.

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