CONFIDENDIALITY

The participant's identity and privacy will be protected consistent with
Federal Confidentiality Laws and Oklahoma Law. Drug Courts and
confidentiality laws are designed to achieve the shared goal of
encouraging substance abusers to obtain and remain in treatment. All
issues surrounding confidentiality will factor in the application of
HIPPA Guidelines as applicable to the drug court setting. Drug courts
can only function if information is shared among the members of the Drug
Court Team and information will be exchange in accordance with federal
law.

The goals of drug courts and confidentiality laws are compatible; both
seek to help substance abusers overcome their drug problems, for the
benefit of the users themselves and society at large. Where Drug Court
practices conflict with confidentiality laws, the laws control. This
unnecessary conflict is avoided by obtaining consent from participants.
In response to these regulations, procedures have been developed which
guard the participant's confidentiality. The participant will be asked
to sign a waiver authorizing the transfer of information among all
participating agencies.

Valid consent from a participant allows the use of information in a
manner that would otherwise violate Federal Regulations regarding
confidentiality. Individuals referred to drug treatment programs by the
criminal justice system do not have a right to revoke their consent
until successful completion of the program. Participants must be
informed that their consent is irrevocable but not permanent.

# Obtaining Consent

The practices described below are recommended in order to ensure that
consents are voluntary and will withstand legal scrutiny after the
participant signs them.

First, the participant should have an opportunity to consult with a
lawyer before signing the form. The lawyer should not necessarily
present the form to the participant, as this may give the impression
that the lawyer is trying to obtain the participant's consent rather
than assisting the participant in deciding whether to consent.

Second, whomever presents the form should review it with the
participant, with particular attention to the possibility that the
participant is illiterate or cannot read or comprehend the language in
which the waiver is printed. If the participant cannot understand or
read English, the person reviewing the form should be bilingual or be
assisted by a translator.

Third, regulations require that the participant be advised, orally and
in writing that federal law protects the confidentiality of treatment
records. The notice must cite Section 290dd-2 and the implementing
regulations (Sections 2.1 through 2.67 of Title 42 of the Code of
Federal Regulations) and state that

a)  treatment information is ordinarily kept confidential;

b)  it is a crime to violate this confidentiality requirement, which the
    participant may report to appropriate authorities;

c)  notwithstanding this confidentiality requirement, covered
    information may be released under specified circumstances (which
    should be listed for the participant); and

d)  federal law does not protect information relating to crimes
    committed on the premises of the program, crimes against program
    personnel or the abuse or neglect of a child

The participant should be asked to re-execute the consent at least once.
The purpose of re-executing the first time is to allow participants to
re-affirm their consent after acquiring more information about what drug
court participation entails. The re-execution should occur as soon as
the court is satisfied that the participant is not suffering from any
effects of being under the influence of alcohol and other drugs or the
withdrawals associated with drug use. Routine re-execution is required
when a new person joins the drug court team.

Title 42, Section 2.31(a) of the Code of Federal Regulations lists nine
elements that must be included in a written consent:

1.  The specific name or general designation of the program or person
    permitted to make the disclosure

2.  The name or title of the individual or the name of the organization
    to which disclosure is to be made.

3.  The name of the patient;

4.  The purpose of the disclosure.

5.  How much and what kind of information is to be disclosed.

6.  The signature of the patient and, when required for a patient who is
    a minor, the signature of a person authorized to give consent under
    § 2.14; or, when required for a patient who is incompetent or
    deceased, the signature of a person authorized to sign under § 2.15
    in lieu of the patient.

7.  The date which the consent is signed.

8.  A statement that the consent is subject to revocation at any time
    except to the extent that the program or person which is to make the
    disclosure has already acted in reliance on it. Acting in reliance
    includes the provision of treatment services in reliance on a valid
    consent to disclose information to a third party payer.

9.  The date, event, or condition upon which the consent will expire if
    not revoked before. This date, event, or condition must insure that
    the consent will last no longer than reasonably necessary to serve
    the purpose for which it is given.

Note: The eighth element, concerning the revocation of consent., should
not be included in consent forms in criminal drug courts, but it must be
included in juvenile and family drug court waivers. *See 42 C.F.R. §
2.35.*