Okla. Stat. tit. 63, § 63-1-551.1

A. The State Commissioner of Health shall establish and

maintain an up-to-date tumor registry to ensure an accurate and

continuing source of data concerning cancerous, precancerous and

tumorous diseases. Such registry may include data necessary for

epidemiological surveys and scientific research, and other data

which is necessary and proper to further the recognition,

prevention, control, treatment and cure of cancer, precancerous and

tumorous diseases.

B. The Commissioner shall require any hospital, clinic,

laboratory, pathologist, physician or dentist, or any facility which

provides diagnostic or treatment services for cancerous diseases and

precancerous conditions, to report any or all data and information

necessary for the purposes of this section which may include the

following:

1. Patient name, address, age, race, sex, Social Security

number and hospital identifier or other identifier;

2. Patient's residential, family, environmental, occupational

and medical histories; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 246

3. Physician's name, diagnosis, stage of the disease, method of

treatment and the name and address of any facility providing

treatment.

C. The provisions of subsection B of this section shall not

apply to ambulatory surgical centers, as defined by Section 2657 of

this title:

1. Upon submission of a signed affidavit that the ambulatory

surgical center utilizes a sole source pathology laboratory to

report any or all data and information necessary for the purposes of

this section; or

2. That are not certified by the Centers for Medicare and

Medicaid Services.

D. The Commissioner shall protect the identity of the patient

and physician involved in any report required by this section, and

may not release their identity without written consent, except that:

1. The Commissioner may grant any person involved in a

legitimate research activity access to confidential information

obtained by the Department concerning individual patients if:

a. the research activity is determined to be in the

interest of the public health and welfare,

b. the person conducting the research provides written

information about the purpose of the research project,

the nature of the data to be collected and how the

researcher intends to analyze it, the records the

researcher wishes to review, and the safeguards the

researcher will take to protect the identity of the

patients whose records the researcher will be

reviewing,

c. the proposed safeguards are adequate to protect the

identity of each patient whose records will be

reviewed, and

d. an agreement is executed between the Commissioner and

the researcher that specifies the researcher's use of

the records and that prohibits the publication or

release of the names of individual cancer patients or

any facts tending to lead to the identification of

individual cancer patients;

2. Researchers may, with the approval of the Commissioner, use

the names of individual patients when requesting additional

information for research purposes or soliciting an individual

patient's participation in a research project. However, if a

researcher requests additional information or an individual

patient's participation in a research project, the researcher must

first obtain the written consent of the patient's attending

physician. If the consent of the patient's attending physician is

obtained, the researcher must then obtain the individual cancer

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patient's written consent by having the patient complete a release

of confidential medical information form;

3. Data on patients may be shared with other registries,

private or governmental, within or without the state, provided that

a reciprocal data-sharing agreement, approved by the Commissioner,

is implemented with that registry. Such agreements must include

patient identification confidentiality requirements; and
y having the patient complete a release

of confidential medical information form;

3. Data on patients may be shared with other registries,

private or governmental, within or without the state, provided that

a reciprocal data-sharing agreement, approved by the Commissioner,

is implemented with that registry. Such agreements must include

patient identification confidentiality requirements; and

4. Provided further, that any confidential information released

by the Commissioner under this section shall be deemed to be a

confidential communication within the meaning of the physician-

patient and the psychotherapist-patient privilege.

E. Nothing in this section shall be construed to compel any

individual to submit to any medical examination, treatment or

supervision of any kind; nor shall anyone providing information in

accordance with this section be deemed to be, or held liable for,

divulging confidential information. An individual shall have the

right to deny registration on religious grounds.

F. The Commissioner may promulgate rules to carry out the

provisions of this section.

G. 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.