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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1014 By: Roe
AS INTRODUCED
An Act relating to public health; amending 63 O.S.
2011, Section 1-502.2, as amended by Section 1,
Chapter 118, O.S.L. 2020 (63 O.S. Supp. 2 020, Section
1-502.2), which relates to confidentiality of certain
information; including certain records; excluding
information and records held by certain entities;
removing reference; requiring release of certain
information in accordance with federal l aw; removing
certain identification requirements; updating
reference; amending 63 O.S. 2011, Section 1 -507,
which relates to schools and the attendance of
diseased pupils; including people suspected of having
a communicable disease; transferring responsibi lity
from teachers to schools; updating permission-
granting entities; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -502.2, as
amended by Section 1, Chapter 118, O.S.L. 2020 (63 O.S. Supp. 2020,
Section 1-502.2), is amended to read as follows:
Section 1-502.2 A. Unless otherwise provided by law, all
information and records created, received, investigated, held, or
maintained by the State Department of Health, concerning any person
who has participated in a public health investigation or who may
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have any communicable or noncommunicable disease which is required
to be reported pursuant to Sections 1 -501 through 1-532.1 of this
title or information and records of any disease which are held or
maintained by any state agency, health care provider or facility,
physician, health professional, laboratory, clinic, blood bank,
funeral director, third -party payor, or any other agency, person, or
organization in the state , shall be confidential . Any information
obtained pursuant to the requirements of Sections 1 -501 through 1-
532.1 of this title records of the Department and shall not be
required to be produced pursuant to the Oklahoma Open Record s Act.
Any information authorized to be released pursuant to paragraphs 1
through 8 of this subsection shall be released in such a way that no
person can be identified unless otherwise provided for in such
paragraph or by law. Such information shall not be released except
under the following circumstances:
1. Release is made upon court order;
2. Release is made in writing, by or with the written consent
of the person whose information is being kept confidential or with
the written consent of the legal g uardian or legal custodian of such
person, or if such person is a minor, with the written consent of
the parent or legal guardian of such minor;
3. Release is necessary as determined by the State Department
of Health to protect the health and well -being of the general public
and such release is authorized or required under and released in
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accordance with the Health Insurance Portability and Accountability
Act of 1996. Any such order for release by the Department and any
review of such order shall be in ac cordance with the procedures
specified in Sections 309 through 323 of Title 75 of the Oklahoma
Statutes. Only the initials of the person whose information is
being kept confidential shall be on public record for such
proceedings unless the order by the De partment specifies the release
of the name of such person and such order is not appealed by such
person or such order is upheld by the reviewing court ;
4. Release is made of medical or epidemiological information to
those persons who have had risk exposur es pursuant to Section 1 -
502.1 of this title;
5. Release is made of medical or epidemiological information to
health professionals, appropriate state or federal agencies, or
district courts to enforce the provisions of Sections 1 -501 through
1-532.1 of this title and related rules and regulations concerning
the control and treatment of communicable or noncommunicable
diseases;
6. Release is made of specific medical or epidemiological
information for statistical purposes whether within the State of
Oklahoma or throughout the United States, in such a way that no
person can be identified;
7. Release is made of medical information among health care
providers, their agents or employees, within the continuum of care
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for the purpose of diagnosis and treatment of the person whose
information is released whether within the State of Oklahoma or
throughout the United States; or
8. When the patient is an inmate in the custody of the
Department of Corrections or a private prison or facility under
contract with the Dep artment 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.
B. For the purposes of this section only, "written consent"
means that the person whose information is required to be kept
confidential by this section or the person legally authorized to
consent to release by this section has been informed of all persons
or organizations to whom such information may be released or
disclosed by the specific release granted. Consent obtained for
release of information, pursuant to paragraph 2 of subsection A of
this section, shall not be considered valid unless, prior to
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consent, the person consenting to the release was given notice of
the provisions for release of confidential information pursuant to
this section. The provisions of this subsection shall not apply to
written authorizations to disclose information to the Social
Security Administration.
C. 1. The State Department of Health may convene a
confidential meeting of a multidisciplinary team for recommendation
on school placement of a student who is infected with the human
immunodeficiency virus. The multidisciplinary t eam shall include,
but not be limited to, the following:
a. the parent, parents, legal representative, or legal
guardian or legal custodian of the student,
b. the physician of the student,
c. a representative from the superintendent 's office of
the affected school district,
d. a representative from the State Department of
Education, and
e. a representative from the State Department of Health.
Each member of the team shall be responsible for protecting the
confidentiality of the student and any information m ade available to
such person as a member of the team. The multidisciplinary team
shall be exempt from the requirements of Sections 301 through 314 of
Title 25 of the Oklahoma Statutes and Sections 24A.1 through 24A.19
of Title 51 of the Oklahoma Statutes.
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2. Each member of the local school board having jurisdiction
over the student shall also be responsible for protecting the
confidentiality of the student and any information made available to
such person as a school board member.
D. The State Department of Health may convene a confidential
meeting of a multidisciplinary advisory committee to make
recommendations regarding the practice of health care workers who
are infected with the human immunodeficiency virus (HIV) or
hepatitis B virus (HBV), who may be performing exposure -prone
procedures. The membership of the multidisciplinary advisory
committee shall include, but not be limited to, the following:
1. The State Commissioner of Health or designee;
2. Legal counsel to the State Commissioner of Health ;
3. The state epidemiologist or designee;
4. An infectious disease specialist with expertise in HIV/HBV
infection; and
5. Two practicing health care workers from the same discipline
as the HIV/HBV-infected health care worker.
In addition, the health ca re worker being discussed, and/or an
advocate, and the personal physician of the health care worker being
discussed shall be invited to the multidisciplinary advisory
committee meeting. Discussion of the case shall be made without
using the actual name of the health care worker. Each member of the
multidisciplinary advisory committee shall be responsible for
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protecting the confidentiality of the HIV/HBV -infected health care
worker and the confidentiality of any information made available to
such person as a member of the multidisciplinary advisory committee.
The multidisciplinary advisory committee shall be exempt from the
requirements of the Oklahoma Open Meeting Act and the Oklahoma Open
Records Act.
E. Upon advice of the multidisciplinary advisory com mittee, the
State Commissioner of Health or designee may notify an appropriate
official at the health care facility where the HIV/HBV -infected
health care worker practices that the health care worker is
seropositive for HIV and/or HBV. Notification shall be made only
when necessary to monitor the ability of the HIV/HBV -infected health
care worker to comply with universal precautions and appropriate
infection control practices, and/or to monitor the ongoing
functional capacity of the health care worker to p erform his or her
duties. Notification shall occur through one of the following
officials:
1. The facility administrator;
2. The hospital epidemiologist;
3. The chair of the infection control committee of the
facility; or
4. The medical chief of staff of the facility.
F. If the HIV/HBV-infected health care worker fails or refuses
to comply with the recommendations of the multidisciplinary advisory
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committee, the State Commissioner of Health or designee may take
such actions as may be required to perfo rm the duties imposed by the
laws of the State of Oklahoma, and may advise the appropriate
licensing board.
G. Any person who negligently, knowingly or intentionally
discloses or fails to protect medical or epidemiological information
classified as confid ential pursuant to this section, upon
conviction, shall be guilty of a misdemeanor punishable by the
imposition of a fine of not less than One Thousand Dollars
($1,000.00) or by imprisonment in the county jail for not more than
thirty (30) days, or by both such fine and imprisonment.
H. Any person who negligently, knowingly or intentionally
discloses or fails to protect medical or epidemiological information
classified as confidential pursuant to this section shall be civilly
liable to the person who is th e subject of the disclosure for court
costs, attorney fees, exemplary damages and all actual damages,
including damages for economic, bodily or psychological harm which
is proximately caused by the disclosure.
SECTION 2. AMENDATORY 63 O.S. 2011, Section 1 -507, is
amended to read as follows:
Section 1-507. No person having or suspected of having a
communicable disease shall be permitted to attend a private or
public school, and it shall be the duty of the parent or guardian of
any such person, and the teacher school of such person, to exclude
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from the school such person until the expiration of the period of
isolation or quarantine ordered for the case, or until permission to
do so shall have been given by the local health officer county
health department or the State Department of Health .
SECTION 3. This act shall become effective November 1, 2021.
58-1-6145 AB 12/22/20