Current through Vol. 42, No. 1, September 16, 2024
(a) ODMHSAS may
deny, in whole or in part, the designated record set under certain conditions.
Some denials provide the consumer with a right to a review of the denial while
others do not.
(b) The consumer
does not have a right of review for a denial of access if the denial is made on
the following bases:
(1) If the facility is a
correctional institution or acting under the direction of a correctional
institution, and access to a copy of the information in the designated record
set would jeopardize the health, safety, security, custody or rehabilitation of
the consumer or other inmates, or the safety of any officer, employee or other
person at the correctional institution or responsible for the transporting of
the consumer.
(2) The information
in the designated record set was obtained by the facility in the course of
research that includes treatment of the research participants, while such
research is in progress, provided the consumer has agreed to the denial of
access in conjunction with the consumer's consent to participate in the
research and the facility has informed the consumer the right of access will be
reinstated upon completion of the research.
(3) The information in the designated record
set was obtained under a promise of confidentiality from someone other than a
health care provider and such access would be reasonably likely to reveal the
source of the information.
(c) The consumer has a right of review for a
denial of access if the denial is made on the following bases:
(1) A licensed mental health professional has
determined, in the exercise of professional judgment, that access to the
designated record set by the consumer is reasonably likely to endanger the life
or physical safety of the consumer or another person;
(2) The requested designated record set makes
reference to another person unless such other person is a health care provider
and a licensed mental health professional has determined, in the exercise of
professional judgment, that the access requested is reasonably likely to cause
substantial harm to such other person; or
(3) The request for access is made by the
consumer's personal representative and a licensed mental health professional
has determined, in the exercise of professional judgment, that the provision of
access to such personal representative is reasonably likely to cause
substantial harm to the consumer or another person.
(d) In lieu of providing access to the
designated record set, the facility may provide the consumer with a summary of
the requested information, if the consumer agrees in advance to such a
summary.
Added at 20 Ok Reg
654, eff 2-27-03 (emergency); Added at 20 Ok Reg 2110, eff
7-1-03
