Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-20.1 - Consumer rights regarding confidentiality of mental health and drug or alcohol abuse treatment information

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				  mental health and drug or alcohol abuse treatment information, whether recorded
				  or not, and all communications between a physician or psychotherapist and a
				  consumer are both privileged and confidential. In addition, the identity of all
				  consumers who have received or are receiving mental health or drug or alcohol
				  abuse treatment services is both confidential and privileged. Such information
				  shall only be available to persons or agencies actively engaged in the
				  treatment of the consumer unless an exception under state or federal law
				  applies. The information available to persons or agencies actively engaged in
				  the treatment of the consumer shall be limited to the minimum amount of
				  information necessary for the person or agency to carry out its function or the
				  purpose for the release. Nothing in this section shall prohibit disclosure of
				  information as required in 22 O.S. § 1175.
(b) A consumer or his or her legally
				  authorized representative shall have the right to request access to the
				  consumer's own mental health and drug or alcohol abuse treatment information as
				  provided for in
				  450:15-3-60.
(c) All facilities shall have policy and
				  procedures protecting the confidential and privileged nature of mental health
				  and drug or alcohol abuse treatment information in compliance with state and
				  federal law and which contain at a minimum:
(1) an acknowledgment that all mental health
				  and drug or alcohol abuse treatment information, whether recorded or not, and
				  all communications between a physician or psychotherapist and a consumer are
				  both privileged and confidential and will not be released without the written
				  consent of the consumer or the consumer's legally authorized
				  representative;
(2) an
				  acknowledgment that the identity of a consumer who has received or is receiving
				  mental health or drug or alcohol abuse treatment services is both confidential
				  and privileged and will not be released without the written consent of the
				  consumer or the consumer's legally authorized representative except as
				  otherwise permitted by state and federal law;
(3) a procedure to limit access to mental
				  health and drug or alcohol abuse treatment information to only those persons or
				  agencies actively engaged in the treatment of the patient and to the minimum
				  amount of information necessary to carry out the purpose for the
				  release;
(4) a procedure by which a
				  consumer, or the consumer's legally authorized representative, may access the
				  consumer's mental health and drug or alcohol abuse treatment
				  information;
(5) an acknowledgement
				  that certain state and federal law exceptions to disclosure of mental health
				  and drug or alcohol abuse treatment information without the written consent of
				  the consumer or the consumer's legally authorized representative exist and the
				  facility will release information as required by those laws; and
(6) a procedure by which to notify a consumer
				  of his or her right to confidentiality at admission.