OKDHS - OAC 340:2-8-9. Personal Representative

340:2-8-9. Personal representative

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Issued 8-21-03

(a) A personal representative must be authorized under state law to act on behalf of the client with respect to use or disclosure of protected health information (PHI). • 1

(b) Oklahoma Department of Human Services (OKDHS) treats a personal representative the same as the client unless:

(1) there is reasonable belief that the client has been or may be subjected to domestic violence, abuse, or neglect by the personal representative; or
(2) by using professional judgment, it is determined that it is not in the best interest of the client to treat the person as a personal representative.

INSTRUCTIONS TO STAFF 340:2-8-9

1. (a) Examples of personal representatives are:

(1) an individual who has been granted durable power of attorney for health care;

(2) an individual who has been appointed a health care proxy;

(3) a court appointed guardian who has authority over the care and management of the person, estate, or both; or

(4) a court appointed executor or administrator of a deceased's estate.

(b) A parent, legal guardian, or legal custodian appointed by a court may act as a minor's personal representative except in the circumstances listed in (c).

(c) A minor acts on his or her own behalf if the minor:

(1) is married;

(2) has a dependent child;

(3) is emancipated;

(4) is separated from his or her parents or legal guardian and is not supported by them;

(5) is or has been pregnant; or

(6) is seeking confidential treatment, diagnosis, or prevention services for a communicable disease or drug or alcohol abuse.

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