Oklahoma Administrative Code
Title 450 - Department of Mental Health and Substance Abuse Services
Chapter 21 - Alcohol and Drug Substance Abuse Courses (ADSAC) and Assessments
Subchapter 1 - General Provisions
Section 450:21-1-7.8 - Confidentiality of participant information
Universal Citation: OK Admin Code 450:21-1-7.8
Current through Vol. 42, No. 1, September 16, 2024
(a) The confidentiality of all ADSAC information and records (including all ADSAC participant and course records), and drug or alcohol abuse treatment information 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, facilitators and assessors 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 and substance abuse treatment information, whether recorded or not, and
all communications between institution and organization staff, facilitators,
assessors 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,
substance abuse treatment 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 or substance abuse treatment information;
(5) Certain state and federal law exceptions
to disclosure of ADSAC course or substance abuse treatment 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.
Added at 25 Ok Reg 1376, eff 7-1-08
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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