Okla. Stat. tit. 56, § 56-183: Confidentiality of applications, information and records –

Misuse of information.

A. This section shall be known and may be cited as “Kelley’s

Law”.

B. All applications, information and records concerning any

applicant or recipient obtained pursuant to law or as authorized by

law by the Department of Human Services or any other public or

private entity shall be confidential and shall be open to inspection

only:

1. To persons duly authorized by the Department of Human

Services pursuant to rule promulgated in compliance with Article I

of the Administrative Procedures Act or by the United States in

connection with the performance of their official duties; or

2. As otherwise authorized by law.

Provided, however, the Department of Human Services shall maintain a

process to allow an authorized representative of a client of the

Department of Human Services to have access to confidential

information when necessary for eligibility determination and the

appeals process. For purposes of this section, “authorized

representative” shall mean any person designated by a client of the

Department of Human Services to review confidential information

about the client pertinent to eligibility determination and the

appeals process.

C. The Developmental Disabilities Services Division of the

Department of Human Services shall require all authorized persons

accessing service recipient information within a home record to sign

a form certifying that they have been informed and understand the

penalties for misuse of confidential and protected information

within the home record. The form shall include criminal penalties

related to identity theft.

D. It shall be unlawful and a misdemeanor for any public

officer or employee, to furnish or permit to be taken off of the

records any information therein contained for commercial or

political purposes.

E. It shall also be a Class D3 felony offense, punishable by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, for any person, firm or

corporation to publish, or to use for commercial or political

purposes, any list or names obtained through access to such

information or records.

Added by State Question No. 226, Initiative Petition No. 155, § 24,

adopted July 7, 1936. Amended by Laws 1939, p. 92, § 16, emerg.

eff. May 9, 1939; Laws 1951, p. 159, § 6, emerg. eff. June 1, 1951;