Okla. Stat. tit. 43A, § 43A-2-108: Investigation of wrongful, negligent or improper

treatment - System for prompt resolution of complaints -

Confidentiality of information.

A. When the Department of Mental Health and Substance Abuse

Services has reason to believe that any individual receiving

services from a facility operated by, certified by, or under

contract with the Department has been wrongfully deprived of

liberty, or is cruelly, negligently or improperly treated, or

inadequate provision is made for the individual’s appropriate

medical care, proper supervision and safe keeping, the Department

may ascertain the facts or may require an investigation of the

facts.

B. The Board shall establish and maintain a fair, simple and

expeditious system for resolution of complaints of all individuals

receiving such services.

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

Department into allegations of consumer abuse, neglect, or

mistreatment shall be 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.

1. An order of the court authorizing the inspection, release,

or disclosure of information, records, materials, and reports

related to investigations by the Department 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.

2. This section shall not be construed to prohibit the

Department from summarizing the allegation or allegations made,

facts and evidence gathered, and any findings of an investigation

pursuant to this section. The summary may be provided to the

following individuals and entities, provided the individuals or

entities agree to protect the summary from disclosure:

a. the person suspected of abuse, neglect or improper

treatment,

b. the person subject to the alleged abuse, neglect or

improper treatment,

c. the person who reported the allegation,

d. the state and federal oversight, licensing or

accrediting agency,

e. the administrator of a facility certified by or under

contract with the Department at which the alleged

abuse, neglect or improper treatment occurred,

f. any persons necessary to implement appropriate

personnel action against the person suspected of

abuse, neglect or mistreatment if evidence is found to

support the allegation, and

g. the appropriate law enforcement agency, district

attorney’s office or any other entities as required by

state and federal law.