{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-2-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-2-109","heading":"Office of Consumer Advocacy - Advocate General and","body":"staff - Confidentiality of information.\n\nA. The Department of Mental Health and Substance Abuse Services\n\nis authorized and directed to establish the Office of Consumer\n\nAdvocacy within the Department of Mental Health and Substance Abuse\n\nServices and to employ such personnel as may be necessary to carry\n\nout the purposes of this section. The Office of Consumer Advocacy\n\nshall have access to facilities operated by, subject to\n\ncertification by or under contract with the Department and the\n\nrecords of such facilities, including but not limited to, records of\n\nindividuals receiving services. Records that are confidential under\n\nstate and federal law shall be maintained as confidential and not be\n\nredisclosed.\n\nB. The Advocate General and the staff of the Office of Consumer\n\nAdvocacy shall not act as attorneys on behalf of individuals\n\nreceiving services from facilities operated by, subject to\n\ncertification by or under contract with the Department, except that\n\nthey shall have the authority to file habeas corpus actions on\n\nbehalf of such individuals and appear on their behalf in civil\n\ncommitment and criminal post-commitment proceedings, and also appear\n\non behalf of Department consumers in proceedings for writs of\n\nmandamus.\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\nOffice of Consumer Advocacy are confidential and contain privileged\n\ninformation. Accordingly, such records, materials and reports shall\n\nnot be open to public inspection nor their contents disclosed, nor\n\nshall a subpoena or subpoena duces tecum purporting to compel\n\ndisclosure of such information be valid. An order of the court\n\nauthorizing the inspection, release or disclosure of information,\n\nrecords, materials and reports related to investigations by the\n\nOffice of Consumer Advocacy shall be entered by a court only after a\n\nreview of the records and a determination, with due regard for the\n\nconfidentiality of the information and records and the privilege of\n\nthe persons identified in the records, that a compelling reason\n\nexists, any applicable privilege has been waived and such\n\ninspection, release or disclosure is necessary for the protection of\n\na legitimate public or private interest.","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":"b9accb2c537e225166fe5efebde789f58087497995ee9315a09a8bae47338f5e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-2-108","next":"us-ok/okla.-stat.-tit.-43a-43a-2-110"},"notice":"GroundRules: Original legal text. Not legal advice."}
