{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-1-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-1-109","heading":"Confidential and privileged information - Disclosure","body":"A. 1. All mental health and drug or alcohol abuse treatment\n\ninformation, whether or not recorded, and all communications between\n\na physician or licensed mental health professional as defined in\n\nSection 1-103 of this title, or a licensed alcohol and drug\n\ncounselor as defined in Section 1871 of Title 59 of the Oklahoma\n\nStatutes, and a consumer are both privileged and confidential. In\n\naddition, the identity of all persons who have received or are\n\nreceiving mental health or drug or alcohol abuse treatment services\n\nshall be considered confidential and privileged.\n\n2. Such information shall only be available to persons actively\n\nengaged in the treatment of the consumer or in related\n\nadministrative work. The information available to persons actively\n\nengaged in the treatment of the consumer or in related\n\nadministrative work shall be limited to the minimum amount of\n\ninformation necessary for the person or agency to carry out its\n\nfunction.\n\n3. Except as otherwise provided in this section, such\n\ninformation shall not be disclosed to anyone not involved in the\n\ntreatment of the patient or related administrative work.\n\nB. A person who is or has been a consumer of a physician, a\n\nlicensed mental health professional as defined in Section 1-103 of\n\nthis title, a licensed alcohol and drug counselor as defined in\n\nSection 1871 of Title 59 of the Oklahoma Statutes, a mental health\n\nfacility, a drug or alcohol abuse treatment facility or service, or\n\nother agency for the purpose of mental health or drug or alcohol\n\nabuse care and treatment, or such person’s treatment advocate as\n\ndefined in Section 1-109.1 of this title, shall be entitled to\n\npersonal access to his or her mental health or drug or alcohol abuse\n\ntreatment information, except the following:\n\n1. Information contained in notes recorded in any medium by a\n\nmental health professional documenting or analyzing the contents of\n\nconversation during a private counseling session or a group, joint\n\nor family counseling session, and that is separated from the rest of\n\nthe patient's medical record;\n\n2. Information compiled in reasonable anticipation of or for\n\nuse in a civil, criminal or administrative action or proceeding;\n\n3. Information that is otherwise privileged or prohibited from\n\ndisclosure by law;\n\n4. Information the person in charge of the care and treatment\n\nof the patient determines to be reasonably likely to endanger the\n\nlife or physical safety of the patient or another person;\n\n5. Information created or obtained as part of research that\n\nincludes treatment; provided, the patient consented to the temporary\n\nsuspension of access while the research is ongoing. The patient's\n\nright of access shall resume upon completion of the research;\n\n6. Information requested by an inmate that a correctional\n\ninstitution has determined may jeopardize the health, safety,\n\nsecurity, custody or rehabilitation of the inmate or other person;\n\nand\n\n7. Information obtained under a promise of confidentiality and\n\nthe access requested would be reasonably likely to reveal the source\n\nof the information.\n\nC. 1. A valid written release for disclosure of mental health\n\nor drug or alcohol abuse treatment information shall have, at a\n\nminimum, the following elements:\n\na. the specific name or general designation of the\n\nprogram or person permitted to make the disclosure,\n\nb. the name or title of the individual or the name of the\n\norganization to which disclosure is to be made,\n\nc. the name of the consumer whose records are to be\n\nreleased,\n\nd. the purpose of the disclosure,\n\ne. a description of the information to be disclosed,\n\nf. the dated signature of the consumer or authorized\n\nrepresentative or both when required,\n\ng. a statement of the right of the consumer to revoke the\n\nrelease in writing and a description of how the\n\nconsumer may do so,\n\nh. an expiration date, event or condition which, if not\nose records are to be\n\nreleased,\n\nd. the purpose of the disclosure,\n\ne. a description of the information to be disclosed,\n\nf. the dated signature of the consumer or authorized\n\nrepresentative or both when required,\n\ng. a statement of the right of the consumer to revoke the\n\nrelease in writing and a description of how the\n\nconsumer may do so,\n\nh. an expiration date, event or condition which, if not\n\nrevoked before, shall ensure the release will last no\n\nlonger than reasonably necessary to serve the purpose\n\nfor which it is given, and\n\ni. if the release is signed by a person authorized to act\n\nfor a consumer, a description of the authority of such\n\nperson to act.\n\n2. A release is not valid if the document submitted has any of\n\nthe following defects:\n\na. the expiration date has passed or the expiration event\n\nor condition is known to have occurred or to exist,\n\nb. the release has not been filled out completely with\n\nrespect to an element described in paragraph 1 of this\n\nsection,\n\nc. the release is known to have been revoked, or\n\nd. any material information in the release is known to be\n\nfalse.\n\n3. A revocation of a release as provided in this section shall\n\nbe in writing and may be made at any time, except when:\n\na. information has already been released in reliance\n\nthereon,\n\nb. the authorization was obtained as a condition of\n\nobtaining insurance coverage and other law provides\n\nthe insurer with the right to contest a claim under\n\nthe policy or the policy itself, or\n\nc. the release was executed as part of a criminal justice\n\nreferral.\n\n4. Disclosure regarding a deceased consumer shall require\n\neither a court order or a written release of an executor,\n\nadministrator or personal representative appointed by the court, or\n\nif there is no such appointment, by the spouse of the consumer or,\n\nif none, by any responsible member of the family of the consumer.\n\nAs used in this paragraph, \"responsible family member\" means the\n\nparent, adult child, adult sibling or other adult relative who was\n\nactively involved in providing care to or monitoring the care of the\n\npatient as verified by the physician, psychologist or other person\n\nresponsible for the care and treatment of such person.\n\nD. Except as otherwise permitted, mental health and alcohol or\n\nsubstance abuse treatment information may not be disclosed without\n\nvalid patient authorization or a valid court order issued by a court\n\nof competent jurisdiction. For purposes of this section, a subpoena\n\nby itself is not sufficient to authorize disclosure of mental health\n\nand alcohol or substance abuse treatment information.\n\nE. An authorization shall not be required for the following\n\nuses and disclosures, but information disclosed pursuant to one of\n\nthese exceptions must be limited to the minimum amount of\n\ninformation necessary:\n\n1. Disclosure by a health care provider of mental health\n\ninformation necessary to carry out another provider's own treatment,\n\npayment, or health care operations. Such disclosures shall be\n\nlimited to mental health information and shall not include substance\n\nabuse information;\n\n2. Communications to law enforcement officers regarding\n\ninformation directly related to the commission of a crime on the\n\npremises of a facility or against facility personnel, or a threat to\n\ncommit such a crime. Such communications involving persons with\n\nsubstance abuse disorders shall be limited to the circumstances\n\nsurrounding the incident, consumer status, name and address of that\n\nindividual and the last-known whereabouts of that individual;\n\n3. A review preparatory to research, research on decedents\n\ninformation or research conducted when a waiver of authorization has\n\nbeen approved by either an institutional review board or privacy\n\nboard;\n\n4. Communications pursuant to a business associate agreement,\n\nqualified service organization agreement or a qualified service\nthat\n\nindividual and the last-known whereabouts of that individual;\n\n3. A review preparatory to research, research on decedents\n\ninformation or research conducted when a waiver of authorization has\n\nbeen approved by either an institutional review board or privacy\n\nboard;\n\n4. Communications pursuant to a business associate agreement,\n\nqualified service organization agreement or a qualified service\n\norganization/business associate agreement. As used in this\n\nparagraph:\n\na. \"business associate agreement\" means a written signed\n\nagreement between a health care provider and an\n\noutside entity which performs or assists in the\n\nperformance of a function or activity involving the\n\nuse or disclosure of individually identifiable health\n\ninformation on behalf of the health care provider,\n\nb. \"qualified service organization agreement\" means a\n\nwritten, signed agreement between a health care\n\nprovider and an outside entity which provides services\n\nto the health care provider's consumers that are\n\ndifferent from the services provided by the health\n\ncare provider, that allows the health care provider to\n\ncommunicate consumer information necessary for the\n\noutside entity to provide services to the health care\n\nprovider's consumers without the need for an\n\nauthorization signed by a consumer and in which the\n\noutside entity acknowledges that in receiving,\n\nstoring, processing or otherwise dealing with any\n\nconsumer information from the health care provider it\n\nis fully bound by the provisions of 42 C.F.R., Part 2\n\nand, if necessary, will resist any efforts in judicial\n\nproceedings to obtain access to consumer information,\n\nexcept as permitted by 42 C.F.R., Part 2, and\n\nc. \"qualified service organization/business agreement\"\n\nmeans a written, signed agreement between a health\n\ncare provider and an outside entity which provides\n\nservices to the health care provider's consumers that\n\nare different from the services provided by the health\n\ncare provider, that allows the health care provider to\n\ncommunicate consumer information necessary for the\n\noutside entity to provide services to the health care\n\nprovider's consumers without the need for an\n\nauthorization signed by a consumer, and in which the\n\noutside entity acknowledges that in receiving,\n\nstoring, processing or otherwise dealing with any\n\nconsumer information from the health care provider it\n\nis fully bound by the provisions 42 C.F.R., Part 2\n\nand, if necessary, will resist any efforts in judicial\n\nproceedings to obtain access to consumer information,\n\nexcept as permitted by 42 C.F.R., Part 2. The\n\nagreement must also contain elements required by\n\nfederal privacy regulations in 45 C.F.R., Parts 160 \u0026\n\n164;\n\n5. Reporting under state law incidents of suspected child abuse\n\nor neglect to the appropriate authorities; provided, however, for\n\ndisclosures involving an individual with a substance abuse disorder,\n\nthis exception does not allow for follow-up communications;\n\n6. Disclosure of consumer-identifying information to medical\n\npersonnel who have a need for information about a consumer for the\n\npurpose of treating a condition which poses an immediate threat to\n\nthe health of any individual and which requires immediate medical\n\nintervention;\n\n7. Communications necessary for audit and evaluation\n\nactivities;\n\n8. When a program or facility director determines that an adult\n\nperson with a substance abuse disorder has a medical condition which\n\nprevents the person from \"knowing or effective action on his or her\n\nown behalf\", the program or facility director may authorize\n\ndisclosures for the sole purpose of obtaining payment for services.\n\nIf the person has been adjudicated incompetent, the facility must\n\nseek permission to disclose information for payment from the legal\n\nguardian;\n\n9. Reporting of such information as otherwise required by law;\ns the person from \"knowing or effective action on his or her\n\nown behalf\", the program or facility director may authorize\n\ndisclosures for the sole purpose of obtaining payment for services.\n\nIf the person has been adjudicated incompetent, the facility must\n\nseek permission to disclose information for payment from the legal\n\nguardian;\n\n9. Reporting of such information as otherwise required by law;\n\nprovided, however, such disclosure may not identify the person\n\ndirectly or indirectly as a person with a substance abuse disorder;\n\n10. Communications to coroners, medical examiners and funeral\n\ndirectors for the purpose of identifying a deceased person,\n\ndetermining a cause of death, or other duties as authorized by law\n\nand as necessary to carry out their duties; provided, however, such\n\ndisclosure may not identify the person directly or indirectly as a\n\nperson with a substance abuse disorder;\n\n11. Communications to organ procurement organizations or other\n\nentities engaged in procurement, banking, or transplantation of\n\ncadaveric organs, eyes or tissue for the purpose of facilitating\n\norgan, eye or tissue donation and transplantation; provided,\n\nhowever, such disclosure may not identify the person directly or\n\nindirectly as a person with a substance abuse disorder;\n\n12. Disclosure to professional licensure boards investigating\n\nalleged unethical behavior towards a patient; provided, however,\n\nsuch disclosure may not identify the person directly or indirectly\n\nas a person with a substance abuse disorder;\n\n13. Disclosure to the parent of a minor for the purpose of\n\nnotifying the parent of the location of his or her child; provided,\n\nhowever, such disclosure may not identify the person directly or\n\nindirectly as a person with a substance abuse disorder;\n\n14. Mental health records may be disclosed to parties in a\n\njudicial or administrative proceeding in cases involving a claim for\n\npersonal injury or death against any practitioner of the healing\n\narts, a licensed hospital, or a nursing facility or nursing home\n\nlicensed pursuant to Section 1-1903 of Title 63 of the Oklahoma\n\nStatutes arising out of patient care, where any person has placed\n\nthe physical or mental condition of that person in issue by the\n\ncommencement of any action, proceeding, or suit for damages, or\n\nwhere any person has placed in issue the physical or mental\n\ncondition of any other person or deceased person by or through whom\n\nthe person rightfully claims;\n\n15. Disclosure of consumer-identifying information when it\n\nappears from all the circumstances that the individual has escaped\n\nfrom a correctional institution or from lawful custody and the\n\nrelease is to a law enforcement authority for the purpose of\n\nidentification and apprehension. Such disclosures shall be limited\n\nto mental health information and shall not include substance abuse\n\ninformation; and\n\n16. When failure to disclose the information presents a serious\n\nthreat to the health and safety of a person or the public; provided,\n\nhowever, such disclosure may not identify the person directly or\n\nindirectly as a person with a substance abuse disorder.","path":["OK Code","Title 43A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4cc5e418d1e247d0a9ac53b4ab657b2a9ed3df8d50e7bffe6f96497cb8d42009","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-1-108","next":"us-ok/okla.-stat.-tit.-43a-43a-1-109.1"},"notice":"GroundRules: Original legal text. Not legal advice."}