Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 10 - Vocational Rehabilitation and Services for the Blind and Visually Impaired › Subchapter 1 - General Provisions › Section 612:10-1-5 - Confidentiality

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				guidelines.
All client or applicant information acquired will remain the
				property of DRS. All casework materials are to be maintained in the appropriate
				record of service in the electronic case management system to safeguard the
				confidentiality of all personal information, including photographs and lists of
				names. The terms "release of information", "release of personal information",
				and similar terms refer to providing access to the record, or providing copies,
				summaries, descriptions, or other reproductions of the actual case record
				materials and not to the materials themselves. All applicants, clients, or
				client representatives will be informed of the Department's policies on
				confidentiality of personal information. This information will only be used and
				released for purposes directly related to the administration of the Vocational
				Rehabilitation and Services for the Blind and Visually Impaired programs.
				Information containing identifiable personal information will not be shared
				with advisory or other bodies who do not have official responsibility for the
				administration of these programs. In the administration of the program, the DVR
				and DSBVI units may obtain personal information from service providers and
				cooperating agencies under assurances the information will not be further
				divulged. Use and release of personal information will conform to applicable
				state and federal laws and regulations. Questions regarding release of
				information are to be directed to the Department's general counsel. Staff are
				to consult the general counsel before providing trial testimony, depositional
				testimony, or a sworn affidavit concerning consumer information. Moreover, if
				served with a subpoena for the release of client information, staff should
				notify the general counsel immediately. In a legal proceeding, client
				information can only be released without the client's consent in response to a
				court order. A subpoena by itself is not sufficient to authorize disclosure of
				client information.
(b)
Written release required.
Release of personal information must be
				by written consent of the individual or authorized individual's representative.
				If requested in writing by an applicant or eligible individual, DRS will make
				all requested information in that individual's record of services available to
				the individual in a timely manner except as provided in subsection (c). The
				Department's Authorization for Release of Information form may be used when the
				client requests that personal information be released by DRS to a third party
				and may also be used to request confidential information from other sources.
				Other release forms are acceptable, as long as they provide the required
				information. Written authorization for release of information must include:
(1) the nature of the information to be
				released;
(2) designation of the
				parties to whom the information is to be released;
(3) the specific purpose for which the
				released information may be used;
(4) designation of the agency or person
				authorized to disclose the information; and
(5) dates of initiation and termination of
				consent.