SECTION 450:21-1-7.8. Confidentiality of participant information

(a)   The confidentiality of all ADSAC information and records (including all ADSAC participant and course records), shall be kept, recorded, released, maintained, and provided to requesting parties in accordance with all applicable state and federal laws.

(b)   For the purposes of certification, all institutions, organizations and facilitators will abide by 42 CFR, Part 2 as required for covered entities protecting the confidential and privileged nature of information in compliance with state and federal law and which requires at a minimum:

(1)   all ADSAC course information, whether recorded or not, and all communications between institution and organization staff, facilitators and participant are both privileged and confidential and will not be released without the signed consent of the participant or the participant's legally authorized representative;

(2)   the identity of a participant who has received or is receiving ADSAC services is both confidential and privileged and will not be released without the signed consent of the participant or the participant's legally authorized representative;

(3)   limiting access to ADSAC course and participant information to only those persons or agencies actively engaged in the treatment of the participant and to the minimum amount of information necessary to carry out the purpose for the release;

(4)   a participant, or the participant's legally authorized representative, may access the participant's ADSAC course information;

(5)   certain state and federal law exceptions to disclosure of ADSAC course information without the signed consent of the participant or the participant's legally authorized representative exist and the facility will release information as required by those laws; and

(6)   notifying a participant of his or her right to confidentiality in writing.

[Source: Added at 25 Ok Reg 1376, eff 7-1-08]