SECTION 340:2-8-9. Personal representative

(a)   A personal representative must be authorized under state law or by the client to act in the client's behalf with respect to use or disclosure of protected health information (PHI).

(1)   Personal representatives may include:

(A)   an individual granted durable power of attorney for health care;

(B)   an individual appointed as a health care proxy;

(C)   a court appointed guardian who has authority over the care and management of the person, estate, or both;

(D)   a court appointed executor or administrator of a deceased individual's estate;

(E)   an Oklahoma Department of Human Services (DHS) Adult Protective Services employee investigating the abuse or neglect of an alleged vulnerable adult;

(F)   a DHS Child Welfare Services employee who is responsible for a child in DHS custody; or

(G)   a DHS Office of Client Advocacy employee.

(2)   A parent, legal guardian, or legal custodian appointed by a court may act as a minor's personal representative except when the minor acts on his or her behalf, per (A) through (G) of this paragraph. A minor acts on his or her own behalf when he or she:

(A)   is married;

(B)   has a dependent child;

(C)   is emancipated;

(D)   is separated from his or her parents or legal guardian and is not supported by them;

(E)   is or was pregnant; or

(F)   is seeking confidential treatment, diagnosis, or prevention services for a communicable disease or drug or alcohol use or abuse.

(b)   DHS treats a personal representative the same as the client is treated, unless:

(1)   there is reasonable belief that the client was or may be subjected to domestic violence, abuse, or neglect by the personal representative; or

(2)   by using professional judgment, it is determined that it is not in the client's best interest to treat the person as a personal representative.

[Source: Added at 20 Ok Reg 2907, eff 8-21-03 (emergency); Added at 21 Ok Reg 784, eff 4-26-04; Amended at 36 Ok Reg 1777, eff 9-16-19]