Stacy Dawn Murphy Investigation (Narconon)

To Whom It May Concern:

Pursuant to the Oklahoma Open Records Act, I hereby request the following records:

All documents and reports pertaining to the investigation(s) into the death of patient Stacy Dawn Murphy at the Narconon Arrowhead drug rehabilitation center

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Inkoo Kang

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 15, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 15, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Mr. Kang:

I am in receipt of your request for “documents and reports pertaining to the investigation(s) into the death of patient Stacy Dawn Murphy at the Narconon Arrowhead drug rehabilitation center” dated October 15, 2012. The Oklahoma Department of Mental Health and Substance Abuse Services is committed to compliance with the Oklahoma Open Records Act, however, I am unable to provide the documents you have requested at this time. Oklahoma statutes specifically prohibit the production of documents relating to investigations conducted by this Department. All documents related to such investigations are considered privileged and confidential and are not subject to public inspection. For your convenience, I am including the relevant Oklahoma statute, Section 2-208 of Title 43A, below:

Oklahoma Statutes Citationized
Title 43A. Mental Health
Chapter 1 - Mental Health Law of 1986
Section 2-108 - Investigation into Care and Treatment of the Mentally Ill - Resolution of Complaints - Confidentiality of Records
Cite as: 43A O.S. § 2-108 (OSCN 2012)

A. When the Department of Mental Health and Substance Abuse Services has reason to believe that any individual receiving services from a facility operated by, certified by, or under contract with the Department has been wrongfully deprived of liberty, or is cruelly, negligently or improperly treated, or inadequate provision is made for the individual’s appropriate medical care, proper supervision and safe keeping, the Department may ascertain the facts or may require an investigation of the facts.
B. The Board shall establish and maintain a fair, simple and expeditious system for resolution of complaints of all individuals receiving such services.
C. Except as otherwise specifically provided in this section and as otherwise provided by state or federal laws, the information, records, materials, and reports related to investigations by the Department into allegations of consumer abuse, neglect, or mistreatment shall be confidential and contain privileged information. Accordingly, such records, materials, and reports shall not be open to public inspection nor their contents disclosed, nor shall a subpoena or subpoena duces tecum purporting to compel disclosure of such information be valid.
1. An order of the court authorizing the inspection, release, or disclosure of information, records, materials, and reports related to investigations by the Department shall be entered by a court only after a review of the records and a determination, with due regard for the confidentiality of the information and records and the privilege of the persons identified in the records, that a compelling reason exists, any applicable privilege has been waived, and such inspection, release or disclosure is necessary for the protection of a legitimate public or private interest.
2. This section shall not be construed to prohibit the Department from summarizing the allegation or allegations made, facts and evidence gathered, and any findings of an investigation pursuant to this section. The summary may be provided to the following individuals and entities, provided the individuals or entities agree to protect the summary from disclosure:
a. the person suspected of abuse, neglect or improper treatment,
b. the person subject to the alleged abuse, neglect or improper treatment,
c. the person who reported the allegation,
d. the state and federal oversight, licensing or accrediting agency,
e. the administrator of a facility certified by or under contract with the Department at which the alleged abuse, neglect or improper treatment occurred,
f. any persons necessary to implement appropriate personnel action against the person suspected of abuse, neglect or mistreatment if evidence is found to support the allegation, and
g. the appropriate law enforcement agency, district attorney’s office or any other entities as required by state and federal law.


Should you have any additional questions, please feel free to contact me.

Sincerely,

Hannah A. Cable, Assistant General Counsel
Oklahoma Dept of Mental Health and Substance Abuse Services

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 15, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.