1. (a) For a waiver of confidentiality or privilege to be valid, it shall:

   1. (1) Be voluntary;
   2. (2) Relate only to the participant or the participant's dependents;
   3. (3) Clearly describe the scope and any limitations of the information to be released;
   4. (4) Include an expiration date;
   5. (5) Inform the participant that consent can be withdrawn at any time, orally or in writing;
   6. (6) Programs shall only share the specific information the client allows in the release. The client gets to choose when, how and what personal information will be shared, or not shared, and with whom;
   7. (7) Even when a court mandate requires the program to disclose or release information about the client, the program shall only share the minimum information necessary to meet the statutory or court mandate; and
   8. (8) The program/agency shall notify the victim of any disclosure and to continue taking steps to protect the victim's safety and privacy.

2. (b) A valid written release form for disclosure of client information shall contain, at a minimum, the following:

   1. (1) the specific name or general designation of the program or person permitted to make the disclosure;
   2. (2) the name and title of the individual, agency or organization to which disclosure is to be made;
   3. (3) the name of the client whose records are to be released;
   4. (4) the purpose of the disclosure;
   5. (5) a description of the information to be disclosed;
   6. (6) the dated signature of the client or authorized representative or both when required;
   7. (7) a statement of the right of the client to revoke the release in writing and a description of how the client may do so; and
   8. (8) an expiration date, specified event or condition which, if not revoked before, shall ensure the release will last no longer than reasonably necessary to serve the purpose for which it is given. The reasonableness of this time period will depend on the specific situation.
3. (c) Legacy clause: Some programs have chosen to talk with clients about the lethality of domestic violence and ask if they would like the program to share information with the Oklahoma Fatality Review Board in the event that the client dies whether due to domestic violence or not. Programs shall have the "legacy clause" exception on a different form.
4. (d) The program shall have written policies and procedures to ensure confidentiality of client information and identity and shelter location and govern the disclosure of information, including verbal disclosure, contained in client records. When a client record is established, the program shall discuss the confidentiality requirements with each client and maintain documentation in the client record that they have reviewed the circumstances under which confidential information may be revealed.
5. (e) Compliance with this Section shall be determined by a review of the program's policies and procedures; and on-site observation of the handling and review of client records.

Added at 30 Ok Reg 1915, eff 7-25-13

Amended at 31 Ok Reg 804, eff 9-12-14

Amended at 33 Ok Reg 1195, eff 9-11-16

Amended at 38 Ok Reg 1691, eff 9-11-21

Amended at 42 Ok Reg, Number 20, effective 7-11-25

Amended at 43 Ok Reg, Number 18, effective 6-11-26