SECTION 75:30-5-4.1. Waiver of Confidential Information

(a)   For a waiver of confidentiality to be valid, it must:

(1)   Be voluntary;

(2)   Relate only to the participant or the participant's dependents;

(3)   Clearly describe the scope and any limitations of the information to be released;

(4)   Include an expiration date;

(5)   Inform the participant that consent can be withdrawn at any time, orally or in writing;

(6)   Programs may only share the specific information the client allows in the release. The client gets to choose when, how and what personal information will be shared, or not shared, and with whom;

(7)   Even when a court mandate requires the program to disclose or release information about the client, the program may only share the minimum information necessary to meet the statutory or court mandate; and

(8)   The program/agency shall notify the victim of any disclosure and to continue taking steps to protect the victim's safety and privacy.

(b)   A valid written release form for disclosure of client information shall have, at a minimum, the following elements:

(1)   The specific name or general designation of the program or person permitted to make the disclosure;

(2)   The name and title of the individual within the organization to which disclosure is to be made;

(3)   The name of the client whose records are to be released;

(4)   The purpose of the disclosure;

(5)   A description of the information to be disclosed;

(6)   The dated signature of the client or authorized representative or both when required;

(7)   A statement of the right of the client to revoke the release in writing and a description of how the client may do so; and

(8)   An expiration date, specified event or condition which, if not revoked before, shall ensure the release will last no longer than reasonably necessary to serve the purpose for which it is given. In no event shall the waiver extend for longer than sixty (60) days.

(c)   "In the event of my death" clause: Some programs have chosen to talk with clients about the lethality of human sex trafficking and ask if they would like the program to share information with police, prosecutors, the Oklahoma Fatality Review Board, or others the client may indicate in the event that the client dies (due or not due to ST). Because clients may have to sign multiple releases, programs shall have the "in the event of my death" exception on a different form.

(d)   The program shall have written policies and procedures to ensure confidentiality of client information and identity and shelter location and govern the disclosure of information including verbal disclosure contained in client records. When a client record is established, the program shall discuss the confidentiality requirements with each client and maintain documentation in the client record that they have reviewed the circumstances under which confidential information may be revealed.

(e)   Compliance with 75:30-5-4.1 shall be determined by a review of the program's policies and procedures; and on-site observation of the handling and review of client records.

[Source: Added at 31 Ok Reg 820, eff 9-12-14; Amended at 33 Ok Reg 1226, eff 9-11-16]