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SENATE FLOOR VERSION
April 12, 2022
ENGROSSED HOUSE
BILL NO. 3387 By: Moore of the House
and
Howard of the Senate
An Act relating to The Governmental Tort Claims Act;
amending 51 O.S. 2021, Section 152, which relates to
definitions; modifying definitions; and providing an
effective date.
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 152 , is
amended to read as follows:
Section 152. As used in The Governmental Tort Claims Act:
1. "Action" means a proceeding in a court of competent
jurisdiction by which one party brings a suit against another;
2. "Agency" means any board, commission, committee, d epartment
or other instrumentality or entity designat ed to act in behalf of
the state or a political subd ivision;
3. "Charitable health care provi der" means a person who is
licensed, certified, or otherwise authorized by the laws of this
state to administer health care in the ordinary course of business
or the practice of a profession and who provides care t o a medically
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indigent person, as defined in paragraph 9 of this section, with no
expectation of or acceptance of compensation of any kind;
4. "Claim" means any written demand presented by a claimant or
the claimant's authorized representative in accordan ce with The
Governmental Tort Claims Act t o recover money from the state or
political subdivision as compensation for an act or omission of a
political subdivision or the state or an employee;
5. "Claimant" means the person or the person's authorized
representative who files notice of a claim in accordance with The
Governmental Tort Claims Act. Only the following persons and no
others may be claimants:
a. any person holding an interest in real or persona l
property which suffers a loss, provided that the c laim
of the person shall be aggregated wit h claims of all
other persons holding an interest in the property and
the claims of all other persons which a re derivative
of the loss, and that multiple claimant s shall be
considered a single claimant,
b. the individual actually involved in the accident o r
occurrence who suffers a loss, provided that the
individual shall aggregate in the claim the losses of
all other persons which are derivative of the loss, or
c. in the case of death, an administrator, special
administrator or a personal representative wh o shall
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aggregate in the claim all losses of all persons which
are derivative of the death;
6. "Community health care provider" means:
a. a health care provider who volunteers services at a
community health center that has been deemed by the
U.S. Department of Health and Human Services as a
federally qualified health center as defined by 42
U.S.C., Section 1396d (l)(2)(B),
b. a health provider who provides services to an
organization that has been deemed a federally
qualified look-alike community health cen ter, and
c. a health care provider who provides services to a
community health center that has made applicati on to
the U.S. Department of Health and Human Service s for
approval and deeming as a federally qualified look-
alike community health center in comp liance with
federal application guidance, and has received
comments from the U.S. Department of Health and Hu man
Services as to the status of such application wit h the
established intent of resubmitting a modified
application, or, if denied, a new applicat ion, no
later than six (6) months from the date of the
official notification from the U.S. Department of
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Health and Human Services requiring resubmission of a
new application;
7. "Employee" means any person who is authorized to act in
behalf of a politica l subdivision or the state whether that person
is acting on a permanent or temporary basis, with or without b eing
compensated or on a full-time or part-time basis.
a. Employee also includes:
(1) all elected or appointed officers, members of
governing bodies and other persons designated to
act for an agency or political subdivision, but
the term does not mean a pe rson or other legal
entity while acting in the capaci ty of an
independent contractor or an employee of an
independent contractor,
(2) from September 1, 1991, through June 30, 1996,
licensed physicians, licensed osteopathic
physicians and certified nurse -midwives providing
prenatal, delivery or infant care se rvices to
State Department of Health clients pursuan t to a
contract entered into with the Stat e Department
of Health in accordance with paragraph 3 of
subsection B of Section 1 -106 of Title 63 of the
Oklahoma Statutes but only insofar as services
authorized by and in conformity with the terms of
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the contract and the requirements of Section 1-
233 of Title 63 of the Oklahoma Statutes, and
(3) any volunteer, full-time or part-time firefighter
when performing duties for a fire department
provided for in subpara graph j of paragraph 11 of
this section.
b. For the purpose of The Governmental Tort Claims Ac t,
the following are employees of this state, regardless
of the place in this state where duties as employees
are performed:
(1) physicians acting in an administr ative capacity,
(2) resident physicians and resident interns
participating in a graduate medic al education
program of the University of Oklahoma Health
Sciences Center, the College of Osteopathic
Medicine of Oklahoma State University, or the
Department of Mental Health and Substance Abuse
Services,
(3) faculty members and staff of the University of
Oklahoma Health Sciences Center and the College
of Osteopathic Medicine of Oklahoma State
University, while engaged in teaching duties,
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(4) physicians who practi ce medicine or act in an
administrative capacity as an employee of an
agency of the State of O klahoma,
(5) physicians who provide medical care to inmates
pursuant to a contract with the Department of
Corrections,
(6) any person who is licensed to practice medicine
pursuant to Title 59 of the Oklahoma Statut es,
who is under an administrative profess ional
services contract with the Oklahoma Health Care
Authority under the auspices of the Oklahoma
Health Care Authority Chief Medical Officer, and
who is limited to performing administrative
duties such as profess ional guidance for medical
reviews, reimbursement rates, service
utilization, health care delivery and benefit
design for the Oklahoma Health Care Auth ority,
only while acting within the scope of such
contract,
(7) licensed medical professionals under cont ract
with city, county, or state entities who provide
medical care to inmates or detainees in the
custody or control of law enforcement agencies,
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(8) licensed mental health professionals as defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are conducting initial
examinations of individuals for the purpose of
determining whether an individual meets the
criteria for emergency d etention as part of a
contract with the Department of Mental Health and
Substance Abuse Services, and
(9) licensed mental health professionals as d efined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are providing mental
health or substance abuse treatment services
under a professional services contract with the
Department of Mental H ealth and Substance Abuse
Services and are providing such treatment
services at a state-operated facility.
Physician faculty members and physician staff of the
University of Oklahoma Health Sciences Cente r and the
College of Osteopathic Medicine of Oklahom a State
University not acting in an admini strative capacity or
engaged in teaching duties are not employees or agents
of the state.
c. Except as provided in subparagraph b o f this
paragraph, in no event s hall the state be held liable
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for the tortious condu ct of any physician, resident
physician or intern while practicing medicine or
providing medical treatment to patients;
8. "Loss" means death or injur y to the body or right s of a
person or damage to real or personal property or rights therein;
9. "Medically indigent" means a person requiring med ically
necessary hospital or other health care services for the person or
the dependents of the person who ha s no public or private third-
party coverage, and whos e personal resources are insufficient to
provide for needed health care;
10. "Municipality" means any incorporated city or town, and all
institutions, agencies or instrumentalities of a municipality;
11. "Political subdivision" means:
a. a municipality,
b. a school district, including, but not limited to, a
technology center school district estab lished pursuant
to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
the Oklahoma Statutes,
c. a county,
d. a public trust where th e sole beneficiary or
beneficiaries are a city, town, school district or
county. For purposes of The Governmental Tort Claim s
Act, a public trust shall include:
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(1) a municipal hospital created pursuant to Sections
30-101 through 30-109 of Title 11 of the Oklahoma
Statutes, a county ho spital created pursuant to
Sections 781 through 796 of Title 19 of the
Oklahoma Statutes, or i s created pursuant to a
joint agreement between such governing
authorities, that is operated for the public
benefit by a public tru st created pursuant to
Sections 176 through 180.4 of Title 60 of the
Oklahoma Statutes and managed by a governing
board appointed or elected by the municipality,
county, or both, who exercises control of the
hospital, subject to the a pproval of the
governing body of the municipality, co unty, or
both,
(2) a public trust created pursuant t o Sections 176
through 180.4 of Title 60 o f the Oklahoma
Statutes after January 1, 2009, the primary
purpose of which is to own, manage, or operate a
public acute care hospi tal in this state that
serves as a teaching hospital for a medical
residency program provided by a college of
osteopathic medicine and provides care to
indigent persons, and
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(3) a corporation in which all of the capital stock
is owned, or a limited liabili ty company in which
all of the member interest is owned, by a public
trust,
e. for the purposes of The Governmental Tort Clai ms Act
only, a housing authority created pursuant to the
provisions of the Oklahoma Housing Authority Act,
f. for the purposes of T he Governmental Tort Claims Act
only, corporations organized not for profit pursuan t
to the provisions of the Oklahoma Genera l Corporation
Act for the primary purpose of developing and
providing rural water supply and sewage disposal
facilities to serve ru ral residents,
g. for the purposes of The Governmental Tort Claims Act
only, districts formed pursuant to the Rural Water,
Sewer, Gas and Solid Waste Management Districts Act,
h. for the purposes of The Governmental Tort Claims Act
only, master conservancy districts formed pursuant to
the Conservancy Act of Oklahoma,
i. for the purposes of The Governmental Tort Claims Act
only, a fire protection district created pursuant to
the provisions of Section 901.1 et seq. of Title 19 of
the Oklahoma Statutes,
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j. for the purposes of The Government al Tort Claims Act
only, a benevolent or charitable corporate volunteer
or full-time fire department for an unincorporated
area created pursuant to the provisions of Section 592
et seq. of Title 18 of th e Oklahoma Statutes,
k. for purposes of The Governmen tal Tort Claims Act only,
an Emergency Services Prov ider rendering services
within the boundaries of a Supplemental Emergency
Services District pursuant to an existing contract
between the Emergency Serv ices Provider and the State
Department of Health. Pr ovided, however, that the
acquisition of commercial liability insurance covering
the activities of such Emergency Services Provider
performed within the State of Oklahoma shall not
operate as a waiver of any of the limitation s,
immunities or defenses provi ded for political
subdivisions pursuant to the terms of The Governmental
Tort Claims Act,
l. for purposes of The Governmental Tort Claims Act only,
a conservation district created pursuant to the
provisions of the Conservatio n District Act,
m. for purposes of The Governmental Tort Claims Act,
districts formed pursuant to the Oklahoma Irrigation
District Act,
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n. for purposes of The Governmental Tort Claims Act only,
any community action agency established pursuant to
Sections 5035 through 5040 of Title 74 of the Oklahoma
Statutes,
o. for purposes of The Gover nmental Tort Claims Act only,
any organization that is designated as a youth
services agency, pursuant to Section 2 -7-306 of Title
10A of the Oklahoma Statutes,
p. for purposes of The Governmental Tort Cl aims Act only,
any judge presiding over a drug court , as defined by
Section 471.1 of Title 22 of the Oklahoma Statutes,
q. for purposes of The Governmental Tort Claims Act only,
any child-placing agency licensed by this state to
place children in foster fa mily homes,
r. a circuit engineering district create d pursuant to
Section 687.1 of Title 69 of the Oklahoma Statutes,
and
s. for purposes of The Governmental Tort Claims Act only,
a regional transportati on authority created p ursuant
to Section 1370.7 of Ti tle 68 of the Oklahoma Statutes
including its contra ct operator and any railroad
operating in interstate commerce that sells a property
interest or provides services to a regional
transportation authorit y or allows the author ity to
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use the property or trac ks of the railroad for the
provision of public passe nger rail service to the
extent claims against the contract operator or
railroad arise out of or are related to or in
connection with such property int erest, services or
operation of the public passenger rail service.
Provided, the acquisition of commerci al liability
insurance to cover the activi ties of the regional
transportation authority, contract operator or
railroad shall not operate as a waiver of any
liabilities, immunities or defenses provided pur suant
to the provisions of The Governmental Tort Cla ims Act,
and all their institutions, instr umentalities or agencies;
12. "Scope of employment" means performance by an employee
acting in good faith wi thin the duties of the employee's office or
employment or of tasks lawfully assigned by a competent autho rity
including the operation or use of an agency vehicle or equipment
with actual or implied consent of the supervisor of the employee,
but shall not include corruption or f raud;
13. "State" means the State of Oklahoma or any office,
department, agency, a uthority, commission, board, institution,
hospital, college, university, public trust created pursuant to
Title 60 of the Oklahoma Statutes of which th e State of Oklahoma is
the beneficiary, or other inst rumentality thereof; and
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14. "Tort" means a legal wrong, independent of contract,
involving violation of a duty imposed by general law, statute, the
Constitution of the State of Oklahoma, or otherwise, resulting in a
loss to any person, association or cor poration as the proximate
result of an act or omissi on of a political subdivision or the state
or an employee acting within the scope of employment.
SECTION 2. This act shall become effe ctive November 1, 2022.
COMMITTEE REPORT BY: COMMITTE E ON JUDICIARY
April 12, 2022 - DO PASS