{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-502.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-502.2","heading":"Certain information to be confidential - Circumstances","body":"under which release permissible - Written consent defined -\n\nMultidisciplinary advisory committee on HIV/HBV-infected health care\n\nworkers - Wrongful disclosure of certain information.\n\nA. Unless otherwise provided by law, all information and\n\nrecords created, received, investigated, held, or maintained by the\n\nState Department of Health concerning any person who has\n\nparticipated in a public health investigation or who may have any\n\ncommunicable or noncommunicable disease which is required to be\n\nreported pursuant to Sections 1-501 through 1-532.1 of this title\n\nshall be confidential records of the Department and shall not be\n\nrequired to be produced pursuant to the Oklahoma Open Records Act.\n\nSuch information shall not be released except under the following\n\ncircumstances:\n\n1. Release is made upon court order;\n\n2. Release is made in writing, by or with the written consent\n\nof the person whose information is being kept confidential or with\n\nthe written consent of the legal guardian or legal custodian of such\n\nperson, or if such person is a minor, with the written consent of\n\nthe parent or legal guardian of such minor;\n\n3. Release is necessary as determined by the State Department\n\nof Health to protect the health and well-being of the general public\n\nand such release is authorized or required under and released in\n\naccordance with the Health Insurance Portability and Accountability\n\nAct of 1996;\n\n4. Release is made of medical or epidemiological information to\n\nthose persons who have had risk exposures pursuant to Section 1-\n\n502.1 of this title;\n\n5. Release is made of medical or epidemiological information to\n\nhealth professionals, appropriate state or federal agencies, or\n\ndistrict courts to enforce the provisions of Sections 1-501 through\n\n1-532.1 of this title and related rules and regulations concerning\n\nthe control and treatment of communicable or noncommunicable\n\ndiseases;\n\n6. Release is made of specific medical or epidemiological\n\ninformation for statistical purposes whether within the State of\n\nOklahoma or throughout the United States, in such a way that no\n\nperson can be identified;\n\n7. Release is made of medical information among health care\n\nproviders, their agents or employees, within the continuum of care\n\nfor the purpose of diagnosis and treatment of the person whose\n\ninformation is released whether within the State of Oklahoma or\n\nthroughout the United States; or\n\n8. When the patient is an inmate in the custody of the\n\nDepartment of Corrections or a private prison or facility under\n\ncontract with the Department of Corrections, and the release of the\n\ninformation is necessary:\n\na. to prevent or lessen a serious and imminent threat to\n\nthe health or safety of a person or the public, and it\n\nis to a person or persons reasonably able to prevent\n\nor lessen the threat, including the target of the\n\nthreat, or\n\nb. for law enforcement authorities to identify or\n\napprehend an individual where it appears from all the\n\ncircumstances that the individual has escaped from a\n\ncorrectional institution or from lawful custody.\n\nB. For the purposes of this section only, \"written consent\"\n\nmeans that the person whose information is required to be kept\n\nconfidential by this section or the person legally authorized to\n\nconsent to release by this section has been informed of all persons\n\nor organizations to whom such information may be released or\n\ndisclosed by the specific release granted. Consent obtained for\n\nrelease of information, pursuant to paragraph 2 of subsection A of\n\nthis section, shall not be considered valid unless, prior to\n\nconsent, the person consenting to the release was given notice of\n\nthe provisions for release of confidential information pursuant to\n\nthis section. The provisions of this subsection shall not apply to\n\nwritten authorizations to disclose information to the Social\nd for\n\nrelease of information, pursuant to paragraph 2 of subsection A of\n\nthis section, shall not be considered valid unless, prior to\n\nconsent, the person consenting to the release was given notice of\n\nthe provisions for release of confidential information pursuant to\n\nthis section. The provisions of this subsection shall not apply to\n\nwritten authorizations to disclose information to the Social\n\nSecurity Administration.\n\nC. 1. The State Department of Health may convene a\n\nconfidential meeting of a multidisciplinary team for recommendation\n\non school placement of a student who is infected with the human\n\nimmunodeficiency virus. The multidisciplinary team shall include,\n\nbut not be limited to, the following:\n\na. the parent, parents, legal representative, or legal\n\nguardian or legal custodian of the student,\n\nb. the physician of the student,\n\nc. a representative from the superintendent's office of\n\nthe affected school district,\n\nd. a representative from the State Department of\n\nEducation, and\n\ne. a representative from the State Department of Health.\n\nEach member of the team shall be responsible for protecting the\n\nconfidentiality of the student and any information made available to\n\nsuch person as a member of the team. The multidisciplinary team\n\nshall be exempt from the requirements of Sections 301 through 314 of\n\nTitle 25 of the Oklahoma Statutes and Sections 24A.1 through 24A.19\n\nof Title 51 of the Oklahoma Statutes.\n\n2. Each member of the local school board having jurisdiction\n\nover the student shall also be responsible for protecting the\n\nconfidentiality of the student and any information made available to\n\nsuch person as a school board member.\n\nD. The State Department of Health may convene a confidential\n\nmeeting of a multidisciplinary advisory committee to make\n\nrecommendations regarding the practice of health care workers who\n\nare infected with the human immunodeficiency virus (HIV) or\n\nhepatitis B virus (HBV), who may be performing exposure-prone\n\nprocedures. The membership of the multidisciplinary advisory\n\ncommittee shall include, but not be limited to, the following:\n\n1. The State Commissioner of Health or designee;\n\n2. Legal counsel to the State Commissioner of Health;\n\n3. The state epidemiologist or designee;\n\n4. An infectious disease specialist with expertise in HIV/HBV\n\ninfection; and\n\n5. Two practicing health care workers from the same discipline\n\nas the HIV/HBV-infected health care worker.\n\nIn addition, the health care worker being discussed, and/or an\n\nadvocate, and the personal physician of the health care worker being\n\ndiscussed shall be invited to the multidisciplinary advisory\n\ncommittee meeting. Discussion of the case shall be made without\n\nusing the actual name of the health care worker. Each member of the\n\nmultidisciplinary advisory committee shall be responsible for\n\nprotecting the confidentiality of the HIV/HBV-infected health care\n\nworker and the confidentiality of any information made available to\n\nsuch person as a member of the multidisciplinary advisory committee.\n\nThe multidisciplinary advisory committee shall be exempt from the\n\nrequirements of the Oklahoma Open Meeting Act and the Oklahoma Open\n\nRecords Act.\n\nE. Upon advice of the multidisciplinary advisory committee, the\n\nState Commissioner of Health or designee may notify an appropriate\n\nofficial at the health care facility where the HIV/HBV-infected\n\nhealth care worker practices that the health care worker is\n\nseropositive for HIV and/or HBV. Notification shall be made only\n\nwhen necessary to monitor the ability of the HIV/HBV-infected health\n\ncare worker to comply with universal precautions and appropriate\n\ninfection control practices, and/or to monitor the ongoing\n\nfunctional capacity of the health care worker to perform his or her\n\nduties. Notification shall occur through one of the following\n\nofficials:\n\n1. The facility administrator;\n\n2. The hospital epidemiologist;\nn necessary to monitor the ability of the HIV/HBV-infected health\n\ncare worker to comply with universal precautions and appropriate\n\ninfection control practices, and/or to monitor the ongoing\n\nfunctional capacity of the health care worker to perform his or her\n\nduties. Notification shall occur through one of the following\n\nofficials:\n\n1. The facility administrator;\n\n2. The hospital epidemiologist;\n\n3. The chair of the infection control committee of the\n\nfacility; or\n\n4. The medical chief of staff of the facility.\n\nF. If the HIV/HBV-infected health care worker fails or refuses\n\nto comply with the recommendations of the multidisciplinary advisory\n\ncommittee, the State Commissioner of Health or designee may take\n\nsuch actions as may be required to perform the duties imposed by the\n\nlaws of the State of Oklahoma, and may advise the appropriate\n\nlicensing board.\n\nG. Any person who negligently, knowingly or intentionally\n\ndiscloses or fails to protect medical or epidemiological information\n\nclassified as confidential pursuant to this section, upon\n\nconviction, shall be guilty of a misdemeanor punishable by the\n\nimposition of a fine of not less than One Thousand Dollars\n\n($1,000.00) or by imprisonment in the county jail for not more than\n\nthirty (30) days, or by both such fine and imprisonment.\n\nH. Any person who negligently, knowingly or intentionally\n\ndiscloses or fails to protect medical or epidemiological information\n\nclassified as confidential pursuant to this section shall be civilly\n\nliable to the person who is the subject of the disclosure for court\n\ncosts, attorney fees, exemplary damages and all actual damages,\n\nincluding damages for economic, bodily or psychological harm which\n\nare proximately caused by the disclosure.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c3b48c29b43c6bef4ab4f1d979ac6598cf46e049d309ba035a22e77470639841","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-502.1","next":"us-ok/okla.-stat.-tit.-63-63-1-502.3"},"notice":"GroundRules: Original legal text. Not legal advice."}