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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 450. Department of Mental Health and Substance Abuse Services |
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Chapter 65. Standards and Criteria for Gambling Treatment Programs |
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Subchapter 3. Gambling Treatment Services and Documentation |
SECTION 450:65-3-12. Confidentiality of gambling treatment information
Latest version.
- (a) The confidentiality of all gambling treatment information and records shall be kept, recorded, released, maintained, and provided to requesting parties in accordance with all applicable state and federal laws.(b) All facilities shall have policy and procedures protecting the confidential and privileged nature of gambling treatment information in compliance with state and federal law and which contain, at a minimum:(1) an acknowledgment that all gambling treatment information, whether recorded or not, and all communications between a physician or psychotherapist and a consumer are both privileged and confidential and will not be released without the written consent of the consumer or the consumer's legally authorized representative;(2) an acknowledgment that the identity of a consumer who has received or is receiving gambling treatment services is both confidential and privileged and will not be released without the written consent of the consumer or the consumer's legally authorized representative;(3) a procedure to limit access to gambling treatment information to only those persons or agencies actively engaged in the treatment of the consumer and to the minimum amount of information necessary to carry out the purpose for the release;(4) a procedure by which a consumer, or the consumer's legally authorized representative, may access the consumer's gambling treatment information;(5) an acknowledgement that certain state and federal law exceptions to disclosure of gambling treatment information without the written consent of the consumer or the consumer's legally authorized representative exist and the facility will release information as required by those laws; and(6) a procedure by which to notify a consumer of his or her right to confidentiality.(c) Compliance with 450:65-3-12 may be determined by a review of:(1) facility policy and procedures;(2) facility forms;(3) consumer record reviews;(4) interviews with staff and consumers; and(5) any other supporting facility documentation.