Confidentiality of mental health and substance abuse treatment information

OK Mental Health Confidentiality

Health

Makes all mental health and drug or alcohol treatment information, and the identity of people receiving such treatment, privileged and confidential. Disclosure generally requires a detailed written release or a court order (a subpoena alone is not enough), with limited minimum-necessary exceptions, and consumers have a right to access their own records subject to listed exceptions.

Where: Oklahoma
Citation: 43A O.S. § 1-109
Status: In force
In force since: 1987-11-01
Last amended: 2013-11-01
Enforced by: Courts; Department of Mental Health and Substance Abuse Services and licensing boards
People can sue: No
Penalties: No specific penalty in the section; violations may support professional discipline and common-law claims.
Applies to: Physicians, licensed mental health professionals, licensed alcohol and drug counselors, mental health and substance abuse treatment facilities and services, and related agencies

Rights it gives people

Give consumers (or their treatment advocate) access to their own treatment information, except psychotherapy notes, litigation materials, information likely to endanger life or safety, and other listed categories.43A O.S. § 1-109(B)

Practices it requires

Treat all mental health and substance abuse treatment information, and the identity of consumers, as privileged and confidential; limit internal access to those engaged in treatment or related administration, on a minimum-necessary basis.43A O.S. § 1-109(A)
Disclose only on a valid written release containing the required elements (discloser, recipient, purpose, description, signature, revocation right, expiration) or a court order; a subpoena by itself is insufficient.43A O.S. § 1-109(C)-(D)
Disclosures without authorization under listed exceptions (such as provider treatment, payment, and operations for mental health information) must be limited to the minimum necessary.43A O.S. § 1-109(E)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Only subsections A through the start of E were read; the remaining exceptions were not reviewed.

Research reference, not legal advice.