{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-2-108","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-2-108","heading":"Investigation of wrongful, negligent or improper","body":"treatment - System for prompt resolution of complaints -\n\nConfidentiality of information.\n\nA. When the Department of Mental Health and Substance Abuse\n\nServices has reason to believe that any individual receiving\n\nservices from a facility operated by, certified by, or under\n\ncontract with the Department has been wrongfully deprived of\n\nliberty, or is cruelly, negligently or improperly treated, or\n\ninadequate provision is made for the individual’s appropriate\n\nmedical care, proper supervision and safe keeping, the Department\n\nmay ascertain the facts or may require an investigation of the\n\nfacts.\n\nB. The Board shall establish and maintain a fair, simple and\n\nexpeditious system for resolution of complaints of all individuals\n\nreceiving such services.\n\nC. Except as otherwise specifically provided in this section\n\nand as otherwise provided by state or federal laws, the information,\n\nrecords, materials, and reports related to investigations by the\n\nDepartment into allegations of consumer abuse, neglect, or\n\nmistreatment shall be confidential and contain privileged\n\ninformation. Accordingly, such records, materials, and reports\n\nshall not be open to public inspection nor their contents disclosed,\n\nnor shall a subpoena or subpoena duces tecum purporting to compel\n\ndisclosure of such information be valid.\n\n1. An order of the court authorizing the inspection, release,\n\nor disclosure of information, records, materials, and reports\n\nrelated to investigations by the Department shall be entered by a\n\ncourt only after a review of the records and a determination, with\n\ndue regard for the confidentiality of the information and records\n\nand the privilege of the persons identified in the records, that a\n\ncompelling reason exists, any applicable privilege has been waived,\n\nand such inspection, release or disclosure is necessary for the\n\nprotection of a legitimate public or private interest.\n\n2. This section shall not be construed to prohibit the\n\nDepartment from summarizing the allegation or allegations made,\n\nfacts and evidence gathered, and any findings of an investigation\n\npursuant to this section. The summary may be provided to the\n\nfollowing individuals and entities, provided the individuals or\n\nentities agree to protect the summary from disclosure:\n\na. the person suspected of abuse, neglect or improper\n\ntreatment,\n\nb. the person subject to the alleged abuse, neglect or\n\nimproper treatment,\n\nc. the person who reported the allegation,\n\nd. the state and federal oversight, licensing or\n\naccrediting agency,\n\ne. the administrator of a facility certified by or under\n\ncontract with the Department at which the alleged\n\nabuse, neglect or improper treatment occurred,\n\nf. any persons necessary to implement appropriate\n\npersonnel action against the person suspected of\n\nabuse, neglect or mistreatment if evidence is found to\n\nsupport the allegation, and\n\ng. the appropriate law enforcement agency, district\n\nattorney’s office or any other entities as required by\n\nstate and federal law.","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":"ea54bfc8a896f0e66aa7b65ae97aac249a46b5855f0c074136036265f9ce535a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-2-107","next":"us-ok/okla.-stat.-tit.-43a-43a-2-109"},"notice":"GroundRules: Original legal text. Not legal advice."}