Okla. Admin. Code § 260:25-21-5

Current through Vol. 42, No. 4, November 1, 2024

Section 260:25-21-5 - EAP records

(a) Records and information that relate to participation by an employee or family member in the EAP shall be confidential except as provided in Subsection (b) of this Section [N]either the records nor the testimony of an Employee Assistance Program professional shall be subject to subpoena unless a participant poses a threat to deliberately harm the participant or others.[74:840-2.10(D)]

(b) EAP staff and EAP professionals may have access to EAP records within their agency as necessary to perform the duties and responsibilities of their job. EAP staff and EAP professionals may disclose confidential information relating to a participant under the following circumstances:

(1) The participant consents in writing to the release of information;

(2) The participant's employing agency requests verification of an employee's appointment with an EAP professional for the purpose of granting authorized absence according to 260:25-21-7. The disclosure shall be limited to the date and time of the employee's appointment with the EAP professional;

(3) The EAP professional determines that the participant poses a threat to deliberately harm the participant or others [74:840-2.10(D)];

(4) There is reason to believe that a child under the age of eighteen (18) years has had physical injury or injuries inflicted upon the child by other than accidental means where the injury appears to have been caused as a result of physical abuse, sexual abuse, or neglect [10:7103(A)];

(5) There is reason to believe that a vulnerable adult is suffering from abuse, neglect, or financial exploitation [43A:10-104(A)];

(6) A court of competent jurisdiction orders the inspection, release, or disclosure of confidential information.

(c) Records and information relating to participation by an employee in the EAP shall be maintained separate and apart from regular personnel records and shall not become part of the employee's personnel file [74:840-2.10(D)].

(d) Participants in the EAP shall have a right of access to their own EAP records [74:840-2.10(D)].

(e) The provisions of this Section shall remain effective regardless of whether the participant has ceased participation in the EAP or has terminated employment with the state.

Okla. Admin. Code § 260:25-21-5

Added at 31 Ok Reg 1346, eff 9-12-14