- (a) During the conduct of any investigation, the investigative staff shall take all proper and necessary action to ensure the confidentiality of investigative files, in accordance with the Oklahoma Open Records Act, 51 O.S.1991, §§ 24a.1 et seq.
- (b) All investigative files shall remain confidential and privileged, such information can be offered by the state in administrative proceedings before the board and if admitted then it becomes a public record. The information is not deemed a record under Oklahoma Open Records Act Pursuant to 59 O.S. Section 509.1. The information is not subject to subpoena or discovery in any civil or criminal proceedings except that the board may give the information to law enforcement and other state agencies as necessary and appropriate discharge of duties of that agency and ensuring against unauthorized access to the information.
- (c) In particular, staff shall take all necessary action to ensure patient files obtained by the agency during an investigation shall not be disclosed to the public. The investigative staff shall redact all copies of patient records used during an investigation to render unreadable the name and other identification information of a patient, unless that information is pertinent to the hearing and reasonable efforts have been made by the Staff to secure the cooperation of the patient or the patient’s parent or guardian.
Added at 11 Ok Reg 4159, eff 6-21-94 (emergency)
Added at 12 Ok Reg 1215, eff 5-11-95
Amended at 42 Ok Reg, Number 21, effective 7-25-25