§ 59-1376. Confidential communications - Disclosure - Exceptions - Threats of patient to self or others - Patient in custody of Department of Corrections - Law enforcement purposes.

All communications between a licensed psychologist and the individual with whom the psychologist engages in the practice of psychology are confidential.  At the initiation of the professional relationship the psychologist shall inform the patient of the following limitations to the confidentiality of their communications.  No psychologist, colleague, agent or employee of any psychologist, whether professional, clerical, academic or therapeutic, shall disclose any information acquired or revealed in the course of or in connection with the performance of the psychologist’s professional services, including the fact, circumstances, findings or records of such services, except under the following circumstances:

1.  Pursuant to the provisions of Section 2503 of Title 12 of the Oklahoma Statutes or where otherwise provided by law;

2.  Upon express, written consent of the patient;

3.  Upon the need to disclose information to protect the rights and safety of self or others if:

a.the patient presents a clear and present danger to himself and refuses explicitly or by behavior to voluntarily accept further appropriate treatment.  In such circumstances, where the psychologist has a reasonable basis to believe that a patient can be committed to a hospital pursuant to Section 5-401 of Title 43A of the Oklahoma Statutes, the psychologist shall have a duty to seek commitment.  The psychologist may also contact members of the patient’s family, or other individuals if in the opinion of the psychologist, such contact would assist in protecting the safety of the patient,

b.the patient has communicated to the psychologist an explicit threat to kill or inflict serious bodily injury upon a reasonably identified person and the patient has the apparent intent and ability to carry out the threat.  In such circumstances the psychologist shall have a duty to take reasonable precautions.  A psychologist shall be deemed to have taken reasonable precautions if the psychologist makes reasonable efforts to take one or more of the following actions:

(1)communicates a threat of death or serious bodily injury to the reasonably identified person,

(2)notifies an appropriate law enforcement agency in the vicinity where the patient or any potential victim resides,

(3)arranges for the patient to be hospitalized voluntarily, or

(4)takes appropriate steps to initiate proceedings for involuntary hospitalization pursuant to law,

c.the patient has a history of physical violence which is known to the psychologist and the psychologist has a reasonable basis to believe that there is a clear and imminent danger that the patient will attempt to kill or inflict serious bodily injury upon a reasonably identified person.  In such circumstances the psychologist shall have a duty to take reasonable precaution.  A psychologist shall be deemed to have taken reasonable precautions if the psychologist makes reasonable efforts to take one or more of the following actions:

(1)communicates a threat of death or serious bodily injury to the reasonably identified person,

(2)notifies an appropriate law enforcement agency in the vicinity where the patient or any potential victim resides,

(3)arranges for the patient to be hospitalized voluntarily,

(4)takes appropriate steps to initiate proceedings for involuntary hospitalization pursuant to law,

d.nothing contained in subparagraph b of this paragraph shall require a psychologist to take any action which, in the exercise of reasonable professional judgment, would endanger the psychologist or increase the danger to a potential victim or victims, or

e.the psychologist shall only disclose that information which is essential in order to protect the rights and safety of others;

4.  In order to collect amounts owed by the patient for professional services rendered by the psychologist or employees of the psychologist.  Provided, the psychologist may only disclose the nature of services provided, the dates of services, the amount due for services and other relevant financial information.  If the patient raises as a defense to said action, a substantive assertion concerning the competence of the psychologist or the quality of the services provided, the psychologist may disclose whatever information is necessary to rebut such assertion;

5.  In any proceeding brought by the patient against the psychologist and in any malpractice, criminal or license revocation proceeding in which disclosure is necessary or relevant to the claim or defense of the psychologist;

6.  In such other situations as shall be defined by the rules and regulations of the Board; or

7.  When the patient is an inmate in the custody of the Department of Corrections or a private prison or facility under contract with the Department of Corrections, and the release of the information is necessary:

a.to prevent or lessen a serious and imminent threat to the health or safety of a person or the public, and it is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat, or

b.for law enforcement authorities to identify or apprehend an individual where it appears from all the circumstances that the individual has escaped from a correctional institution or from lawful custody.

Added by Laws 1991, c. 144, § 12, eff. July 1, 1991.  Amended by Laws 2004, c. 168, § 14, emerg. eff. April 27, 2004.