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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 43A, § 43A-2-109: Office of Consumer Advocacy - Advocate General and

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Where this section sits in the code
  1. OK Code
  2. Title 43A

staff - Confidentiality of information.

A. The Department of Mental Health and Substance Abuse Services

is authorized and directed to establish the Office of Consumer

Advocacy within the Department of Mental Health and Substance Abuse

Services and to employ such personnel as may be necessary to carry

out the purposes of this section. The Office of Consumer Advocacy

shall have access to facilities operated by, subject to

certification by or under contract with the Department and the

records of such facilities, including but not limited to, records of

individuals receiving services. Records that are confidential under

state and federal law shall be maintained as confidential and not be

redisclosed.

B. The Advocate General and the staff of the Office of Consumer

Advocacy shall not act as attorneys on behalf of individuals

receiving services from facilities operated by, subject to

certification by or under contract with the Department, except that

they shall have the authority to file habeas corpus actions on

behalf of such individuals and appear on their behalf in civil

commitment and criminal post-commitment proceedings, and also appear

on behalf of Department consumers in proceedings for writs of

mandamus.

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

Office of Consumer Advocacy are 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. An order of the court

authorizing the inspection, release or disclosure of information,

records, materials and reports related to investigations by the

Office of Consumer Advocacy 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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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