Okla. Admin. Code § 612:10-1-5
Current through Vol. 42, No. 7, December 16, 2024
Section 612:10-1-5 - Confidentiality(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. (c)Release of information to the individual. The individual, or the individual's representative, will be given access to the relevant case record, or provided copies of requested information upon providing a written authorization for release of information, except as in (1) through (3) of this Subsection. (1) Psychological, psychiatric, mental health and substance abuse treatment records and information from psychological, psychiatric, mental health and substance abuse treatment practitioners may only be obtained provided the requirements of Section 1-109 of Title 43A of the Oklahoma Statues are met. Under these circumstances, refer the individual, or the individual's representative, to the treating health professional. (2) When a DRS professional staff person believes medical or other information not covered in (1) of this Subsection may be harmful to the individual, the information may not be released directly to the individual but must be provided to the individual through a third party chosen by the individual, which may include, among others, an advocate, a family member, or a qualified medical or mental health professional, unless a representative has been appointed by a court to represent the individual, in which case the information must be released to the court-appointed representative. (3) Information obtained from another organization or agency may be released only through that agency, or under the conditions established by the outside agency, organization or providers. For example, information from the Veteran's Administration and Social Security Administration may not be released. Refer the individual requesting such information to the source from which the information was obtained. (4) An explanation of State policies and procedures affecting personal information will be provided to each individual in that individual's native language or through the appropriate mode of communication. (d)Request for information correction. An individual who believes that information in the individual's case record is inaccurate or misleading may request that the information be amended. Even if the information is not amended, the request for amendment must be documented in the case record. (e)Release of information to other programs or authorities. Paragraphs (1) through (4) of this Subsection provide the rules governing release of personal information to other programs or authorities. (1) Upon receiving the informed written consent of the individual, or the individual's representative, information may be released to another agency or organization. Only that information that would be released to the involved individual, or the individual's representative will be released, and only to the extent that the other program or organization demonstrates that the information requested is necessary for its program. (2) Personal information will be released if required by Federal law or regulations. (3) Personal information will be released in response to investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by Federal or State laws or regulations, and in response to an order issued by a judge, magistrate, or other authorized judicial officer. (4) Personal information may be released in order to protect the individual or others if the individual poses a threat to his or her safety or to the safety of others. (f)Release of information for audit, evaluation or research. Personal information may be released to an organization, agency, or individual engaged in audit, evaluation, or research, only: (1) for the purposes directly connected with the administration of the DVR or DSBVI program; (2) for purposes which would significantly improve the quality of life for persons with disabilities; and (3) if the organization, agency or individual assures: (A) The information will be used only for the purpose it is being provided; (B) The information will be released only to persons officially connected with the audit, evaluation or research; (C) The information will not be released to the individual; (D) The information will be managed in a manner to safeguard confidentiality; and (E) The final product will not reveal any personal identifying information without the informed written consent of the involved individual or the individual's representative. [34CFR 361.38] Okla. Admin. Code § 612:10-1-5
Added at 10 Ok Reg 4633, eff 9-1-93 (emergency); Added at 11 Ok Reg 2449, eff 7-1-94; Amended at 14 Ok Reg 809, eff 1-24-97 (emergency); Amended at 14 Ok Reg 2332, eff 7-1-97; Amended at 15 Ok Reg 2904, eff 7-1-98; Amended at 16 Ok Reg 1614, eff 7-1-99; Amended at 23 Ok Reg 1975, eff 7-1-06Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017Adopted by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 8/26/2021