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§43A-10-110.
§43A-10-110.
A. The reports, records, and working papers used or developed in an
investigation of the circumstances of a vulnerable adult pursuant to
the provisions of the Protective Services for Vulnerable Adults Act
are confidential and may be disclosed only pursuant to rules
promulgated by the Commission for Human Services, by order of the
court or as otherwise provided by this section.
B. Department of Human Services agency records pertaining to a
vulnerable adult may be inspected and their contents disclosed without
a court order to the following persons upon showing of proper
credentials and pursuant to their lawful duties:
1. A district attorney and the employees of an office of a district
attorney in the course of their official duties pursuant to this title
or the prosecution of crimes against vulnerable adults;
2. The attorney representing a vulnerable adult who is the subject of
a proceeding pursuant to the provisions of the Protective Services for
Vulnerable Adults Act;
3. Employees of a law enforcement agency of this or another state and
employees of protective services for vulnerable adults of another
state;
4. A physician who has before him or her a vulnerable adult whom the
physician reasonably suspects may have been abused or neglected or any
health care or mental health professional involved in the evaluation
or treatment of the vulnerable adult;
5. A caretaker, legal guardian, custodian or other family members of
the vulnerable adult; provided the Department may limit such
disclosures to summaries or to information directly necessary for the
purpose of such disclosure;
6. Any public or private agency or person authorized by the Department
to diagnose, provide care and treatment to a vulnerable adult who is
the subject of a report or record of vulnerable adult abuse or
neglect;
7. Any public or private agency or person authorized by the Department
to supervise or provide other services to a vulnerable adult who is
the subject of a report or record of vulnerable adult abuse or
neglect; provided the Department may limit such disclosure to
summaries or to information directly necessary for the purpose of such
disclosure; and
8. Any person or agency for research purposes, if all of the following
conditions are met:
a. the person or agency conducting such research is employed by the
State of Oklahoma or is under contract with this state and is
authorized by the Department of Human Services to conduct such
research, and
b. the person or agency conducting the research ensures that all
documents containing identifying information are maintained in secure
locations and access to such documents by unauthorized persons is
prohibited; that no identifying information is included in documents
generated from the research conducted; and that all identifying
information is deleted from documents used in the research when the
research is completed.
C. Nothing in this section shall be construed as prohibiting the
Department from disclosing such confidential information as may be
necessary to secure appropriate care, treatment or protection of a
vulnerable adult alleged to be abused or neglected.
D. Records and their contents disclosed pursuant to this section shall
remain confidential. The use of such information shall be limited to
the purposes for which disclosure is authorized. It shall be unlawful
and a misdemeanor for any person to furnish any record or disclose any
information contained therein for any unauthorized purpose.
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