Oklahoma Administrative Code
Title 612 - State Department of Rehabilitation Services
Chapter 10 - Vocational Rehabilitation and Services for the Blind and Visually Impaired
Subchapter 1 - General Provisions
Section 612:10-1-5 - Confidentiality
Current through Vol. 41, No. 13, March 15, 2024
(a) General guidelines. All client or applicant information acquired will remain the property of DRS. All casework materials are to be maintained in the appropriate record of service in the electronic case management system to safeguard the confidentiality of all personal information, including photographs and lists of names. The terms "release of information", "release of personal information", and similar terms refer to providing access to the record, or providing copies, summaries, descriptions, or other reproductions of the actual case record materials and not to the materials themselves. All applicants, clients, or client representatives will be informed of the Department's policies on confidentiality of personal information. This information will only be used and released for purposes directly related to the administration of the Vocational Rehabilitation and Services for the Blind and Visually Impaired programs. Information containing identifiable personal information will not be shared with advisory or other bodies who do not have official responsibility for the administration of these programs. In the administration of the program, the DVR and DSBVI units may obtain personal information from service providers and cooperating agencies under assurances the information will not be further divulged. Use and release of personal information will conform to applicable state and federal laws and regulations. Questions regarding release of information are to be directed to the Department's general counsel. Staff are to consult the general counsel before providing trial testimony, depositional testimony, or a sworn affidavit concerning consumer information. Moreover, if served with a subpoena for the release of client information, staff should notify the general counsel immediately. In a legal proceeding, client information can only be released without the client's consent in response to a court order. A subpoena by itself is not sufficient to authorize disclosure of client information.
(b) Written release required. Release of personal information must be by written consent of the individual or authorized individual's representative. If requested in writing by an applicant or eligible individual, DRS will make all requested information in that individual's record of services available to the individual in a timely manner except as provided in subsection (c). The Department's Authorization for Release of Information form may be used when the client requests that personal information be released by DRS to a third party and may also be used to request confidential information from other sources. Other release forms are acceptable, as long as they provide the required information. Written authorization for release of information must include:
(c) Release of information to the individual. The individual, or the individual's representative, will be given access to the relevant case record, or provided copies of requested information upon providing a written authorization for release of information, except as in (1) through (3) of this Subsection.
(d) Request for information correction. An individual who believes that information in the individual's case record is inaccurate or misleading may request that the information be amended. Even if the information is not amended, the request for amendment must be documented in the case record.
(e) Release of information to other programs or authorities. Paragraphs (1) through (4) of this Subsection provide the rules governing release of personal information to other programs or authorities.
(f) Release of information for audit, evaluation or research. Personal information may be released to an organization, agency, or individual engaged in audit, evaluation, or research, only:
Added at 10 Ok Reg 4633, eff 9-1-93 (emergency); Added at 11 Ok Reg 2449, eff 7-1-94; Amended at 14 Ok Reg 809, eff 1-24-97 (emergency); Amended at 14 Ok Reg 2332, eff 7-1-97; Amended at 15 Ok Reg 2904, eff 7-1-98; Amended at 16 Ok Reg 1614, eff 7-1-99; Amended at 23 Ok Reg 1975, eff 7-1-06