§59-1376. Confidential communications - Disclosure - Exceptions -
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/ok/title-59-professions-and-occupations/59-1376·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Threats of patient to self or others - Patient in custody of Department of Corrections - Law enforcement purposes.
All communications between a licensed psychologist and the individual with whom the psychologist engages in the practice of psychology are confidential. At the initiation of the professional relationship the psychologist shall inform the patient of the following limitations to the confidentiality of their communications. No psychologist, colleague, agent or employee of any psychologist, whether professional, clerical, academic or therapeutic, shall disclose any information acquired or revealed in the course of or in connection with the performance of the psychologist’s professional services, including the fact, circumstances, findings or records of such services, except under the following circumstances:
1. Pursuant to the provisions of Section 2503 of Title 12 of the Oklahoma Statutes or where otherwise provided by law;
2. Upon express, written consent of the patient;
3. Upon the need to disclose information to protect the rights and safety of self or others if:
a. the patient presents a clear and present danger to
himself and refuses explicitly or by behavior to
voluntarily accept further appropriate treatment. In
such circumstances, where the psychologist has a
reasonable basis to believe that a patient can be
committed to a hospital pursuant to Section 5-401 of
Title 43A of the Oklahoma Statutes, the psychologist
shall have a duty to seek commitment. The
psychologist may also contact members of the patient’s
family, or other individuals if in the opinion of the
psychologist, such contact would assist in protecting
the safety of the patient,
b. the patient has communicated to the psychologist an
explicit threat to kill or inflict serious bodily
injury upon a reasonably identified person and the
patient has the apparent intent and ability to carry
out the threat. In such circumstances the
psychologist shall have a duty to take reasonable
precautions. A psychologist shall be deemed to have
taken reasonable precautions if the psychologist makes
reasonable efforts to take one or more of the
following actions:
(1)communicates a threat of death or serious bodily
injury to the reasonably identified person,
(2)notifies an appropriate law enforcement agency in
the vicinity where the patient or any potential
victim resides,
arranges for the patient to be hospitalized
voluntarily, or
(4)takes appropriate steps to initiate proceedings
for involuntary hospitalization pursuant to law,
c. the patient has a history of physical violence which
is known to the psychologist and the psychologist has
a reasonable basis to believe that there is a clear
and imminent danger that the patient will attempt to
kill or inflict serious bodily injury upon a
reasonably identified person. In such circumstances
the psychologist shall have a duty to take reasonable
precaution. A psychologist shall be deemed to have
taken reasonable precautions if the psychologist makes
reasonable efforts to take one or more of the
following actions:
(1)communicates a threat of death or serious bodily
injury to the reasonably identified person,
(2)notifies an appropriate law enforcement agency in
the vicinity where the patient or any potential
victim resides,
(3)arranges for the patient to be hospitalized
voluntarily,
(4)takes appropriate steps to initiate proceedings
for involuntary hospitalization pursuant to law,
d. nothing contained in subparagraph b of this paragraph
shall require a psychologist to take any action which,
in the exercise of reasonable professional judgment,
would endanger the psychologist or increase the danger
to a potential victim or victims, or
e. the psychologist shall only disclose that information
which is essential in order to protect the rights and
safety of others;
4. In order to collect amounts owed by the patient for professional services rendered by the psychologist or employees of the psychologist. Provided, the psychologist may only disclose the nature of services provided, the dates of services, the amount due for services and other relevant financial information. If the patient raises as a defense to said action, a substantive assertion concerning the competence of the psychologist or the quality of the services provided, the psychologist may disclose whatever information is necessary to rebut such assertion;
5. In any proceeding brought by the patient against the psychologist and in any malpractice, criminal or license revocation proceeding in which disclosure is necessary or relevant to the claim or defense of the psychologist;
6. In such other situations as shall be defined by the rules and regulations of the Board; or
7. When the patient is an inmate in the custody of the Department of Corrections or a private prison or facility under contract with the Department of Corrections, and the release of the information is necessary:
a. to prevent or lessen a serious and imminent threat to
the health or safety of a person or the public, and it
is to a person or persons reasonably able to prevent
or lessen the threat, including the target of the
threat, or
b. for law enforcement authorities to identify or
apprehend an individual where it appears from all the
circumstances that the individual has escaped from a
correctional institution or from lawful custody. Added by Laws 1991, c. 144, § 12, eff. July 1, 1991. Amended by Laws 2004, c. 168, § 14, emerg. eff. April 27, 2004.