§ 43A-10-110. Confidentiality of records and reports.

A.  The reports, records, and working papers used or developed in an investigation of the circumstances of a vulnerable adult pursuant to the provisions of the Protective Services for Vulnerable Adults Act are confidential and may be disclosed only pursuant to rules promulgated by the Commission for Human Services, by order of the court or as otherwise provided by this section or Section 10-110.1 of this title.

B.  Department of Human Services agency records pertaining to a vulnerable adult may be inspected and their contents disclosed without a court order to the following persons upon showing of proper credentials and pursuant to their lawful duties:

1.  A district attorney and the employees of an office of a district attorney in the course of their official duties pursuant to this title or the prosecution of crimes against vulnerable adults;

2.  The attorney representing a vulnerable adult who is the subject of a proceeding pursuant to the provisions of the Protective Services for Vulnerable Adults Act;

3.  Employees of a law enforcement agency of this or another state and employees of protective services for vulnerable adults of another state;

4.  A physician who has before him or her a vulnerable adult whom the physician reasonably suspects may have been abused or neglected or any health care or mental health professional involved in the evaluation or treatment of the vulnerable adult;

5.  A caretaker, legal guardian, custodian or other family members of the vulnerable adult; provided the Department may limit such disclosures to summaries or to information directly necessary for the purpose of such disclosure;

6.  Any public or private agency or person authorized by the Department to diagnose, provide care and treatment to a vulnerable adult who is the subject of a report or record of vulnerable adult abuse or neglect;

7.  Any public or private agency or person authorized by the Department to supervise or provide other services to a vulnerable adult who is the subject of a report or record of vulnerable adult abuse or neglect; provided, the Department may limit such disclosure to summaries or to information directly necessary for the purpose of such disclosure; and

8.  Any person or agency for research purposes, if all of the following conditions are met:

a.the person or agency conducting such research is employed by the State of Oklahoma or is under contract with this state and is authorized by the Department of Human Services to conduct such research, and

b.the person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed.

C.  Nothing in this section shall be construed as prohibiting the Department from disclosing such confidential information as may be necessary to secure appropriate care, treatment or protection of a vulnerable adult alleged to be abused or neglected.

D.  Records and their contents disclosed pursuant to this section shall remain confidential.  The use of such information shall be limited to the purposes for which disclosure is authorized.  It shall be unlawful and a misdemeanor for any person to furnish any record or disclose any information contained therein for any unauthorized purpose.

E.  Records of investigations conducted pursuant to the Protective Services for Vulnerable Adults Act shall not be expunged except by court order.

1.  If the Department is currently or was previously appointed as temporary guardian of the alleged victim of abuse, neglect, financial exploitation, or financial neglect, any petition or motion requesting expungement of the investigative records of the Department shall be filed under the same case number.

2.  Written notice of the hearing and a copy of any such petition or motion shall be properly and timely served upon:

a.the alleged victim of abuse, neglect, financial exploitation, or financial neglect,

b.the Department’s Office of General Counsel and any other counsel of record in a proceeding in which the Department was appointed as temporary guardian, and

c.all other persons due notice in a guardianship proceeding involving the victim pursuant to Section 3-110 of Title 30 of the Oklahoma Statutes.

Added by Laws 1977, c. 264, § 10, emerg. eff. June 17, 1977.  Amended by Laws 1984, c. 256, § 9, eff. Nov. 1, 1984.  Renumbered from Title 43A, § 810 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1997, c. 195, § 13, eff. Nov. 1, 1997; Laws 1998, c. 298, § 6, eff. Nov. 1, 1998; Laws 1999, c. 78, § 5, emerg. eff. April 13, 1999; Laws 2010, c. 474, § 1, eff. July 1, 2010; Laws 2011, c. 1, § 15, emerg. eff. March 18, 2011.

Note

NOTE:  Laws 2010, c. 110, § 1 repealed by Laws 2011, c. 1, § 16, emerg. eff. March 18, 2011.