ENGR. S. B. NO. 28 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED SENATE
BILL NO. 28 By: Bergstrom of the Senate
and
West (Josh) of the House
An Act relating to The Governmental Tort C laims Act;
amending 51 O.S. 2011, Section 152, as last amended
by Section 1, Chapter 233, O.S.L. 2018 (51 O.S. Supp.
2020, Section 152), which relates to defin itions;
modifying definition ; conforming language; updating
statutory reference; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 1. AMENDATORY 51 O.S. 2011, Section 152, as last
amended by Section 1, Chapter 233, O.S.L. 2018 (51 O.S. Supp. 20 20,
Section 152), is amend ed 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, de partment
or other instrumentality or entity designated to act in behalf of
the state or a political subdi vision;
3. “Charitable health care provider ” 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 to a medically
ENGR. S. B. NO. 28 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 accordanc e with this act
The Governmental Tort Claims Act to recover money from the state or
political subdivision as compensation for an act or omission of a
political subdivision or the state or an e mployee;
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 interes t in real or personal
property which suffers a loss, provided th at the claim
of the person shall be aggregated with claims of all
other persons holding an interest in the property and
the claims of all other persons which are derivative
of the loss, and that multiple claimants shall be
considered a single claimant,
b. the individual actually involved in the accident or
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, spe cial
administrator or a personal representative who shall
ENGR. S. B. NO. 28 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 f ederally
qualified look-alike community health center, and
c. a health care provider who provides services to a
community health center that has made a pplication to
the U.S. Department of Heal th and Human Services for
approval and deeming as a federally qu alified look-
alike community health center in compliance with
federal application guidance, and has received
comments from the U.S. Department of Healt h and Human
Services as to the status of such application with the
established intent of resubmitting a m odified
application, or, if denied, a new application, no
later than six (6) months from the date of the
official notification from the U.S. Department of
ENGR. S. B. NO. 28 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Health and Human Services requiring r esubmission of a
new application;
7. “Employee” means any person who is authorized to act in
behalf of a political subdivision or the state whether that person
is acting on a permanent or temporary basis, with or w ithout being
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 person or other legal
entity while acting in the capacity of an
independent contractor or an employ ee 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 services to
State Department of Health clients pursuant to a
contract entered into with the State 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 a s services
authorized by and in conformity with the terms of
ENGR. S. B. NO. 28 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 subparagraph j of paragraph 11 of
this section.
b. For the purpose of The Governmental Tort Claims Act,
the following are employees of this state, regardless
of the place in this state where duties as e mployees
are performed:
(1) physicians acting in an administrative capacity,
(2) resident physicians and resident interns
participating in a graduate medical 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,
ENGR. S. B. NO. 28 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(4) physicians who practice medicine or act in an
administrative capacity as an employee of an
agency of the State of Oklahoma,
(5) physicians who provide medical care to inmates
pursuant to a contract with the Departmen t of
Corrections,
(6) any person who is licensed to practice medicine
pursuant to Title 59 of the Oklahom a Statutes,
who is under an administrative professional
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 professional guidance for medical
reviews, reimbursement rates, service
utilization, health care delivery and benefit
design for the Oklahoma Health C are Authority,
only while acting within t he scope of such
contract,
(7) licensed medical professionals un der contract
with city, county, or state entities who provide
medical care to inmates or detainees in the
custody or control of law enforcement agencie s,
ENGR. S. B. NO. 28 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(8) licensed mental health professiona ls 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 detention as part of a
contract with the Department of Mental Health and
Substance Abuse Services, and
(9) licensed mental health professionals as defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are providing mental
health or substance abuse treatment service s
under a professional services contract with the
Department of Mental Health and Substance Abuse
Services and are providing such treatment
services at a state-operated facility.
Physician faculty members and staff of the University
of Oklahoma Health Scie nces Center and the College of
Osteopathic Medicine of Oklahoma State University not
acting in an administrative capacity or engaged in
teaching duties are not employees or agents of the
state.
c. Except as provided in subparagraph b of this
paragraph, in no event shall the state be held liable
ENGR. S. B. NO. 28 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
for the tortious conduct of any physician, resident
physician or intern while practicing medicine or
providing medical treatment to patients;
8. “Loss” means death or injury to the body or rights of a
person or damage to real or personal property or rights therein;
9. “Medically indigent” means a person requiring medically
necessary hospital or other health care services for the person or
the dependents of the person who has no public or private third-
party coverage, and whose 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 established pursuant
to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
the Oklahoma Statutes,
c. a county,
d. a public trust where the sole beneficiary or
beneficiaries are a city, town, school district or
county. For purposes of The Governmental Tort Claims
Act, a public trust shall include:
ENGR. S. B. NO. 28 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(1) a municipal hospital created pursuant to Sections
30-101 through 30-109 of Title 11 of the Oklahoma
Statutes, a county hospital created pursuant to
Sections 781 through 796 of Title 19 of the
Oklahoma Statutes, or is created pursuant to a
joint agreement between such governing
authorities, that is operated for the public
benefit by a public trust created pursuant t o
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 app roval of the
governing body of the munici pality, county, or
both,
(2) a public trust created pursuant to Sections 176
through 180.4 of Title 60 of the Oklahoma
Statutes after January 1, 2009, the primary
purpose of which is to own, manage, or operate a
public acute care hospital in this state tha t
serves as a teaching hospital for a medical
residency program provided by a college of
osteopathic medicine and provides care to
indigent persons, and
ENGR. S. B. NO. 28 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(3) a corporation in which all of the capital stock
is owned, or a limited liability company in which
all of the member interest is owned, by a public
trust,
e. for the purposes of The Governmental Tort Claims Act
only, a housing authority created pursuant to the
provisions of the Oklahoma Housing Authority Act,
f. for the purposes of The Governmental Tort Claims Act
only, corporations organized not for profit pursuant
to the provisions of the Oklahoma General Corporation
Act for the primary purpose of developing and
providing rural water supply and sewage disposal
facilities to serve rural 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 pur suant 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,
ENGR. S. B. NO. 28 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
j. for the purposes of The Governmental Tort Claims Act
only, a benevolent or charitable co rporate volunteer
or full-time fire department for an unincorporated
area created pursuant to the provisions of Section 592
et seq. of Title 18 of the Oklahoma Statutes,
k. for purposes of The Governmental Tort Claims Act only,
an Emergency Services Provid er rendering services
within the boundaries of a Supplemental Emergency
Services District pursuant to an existing contract
between the Emergency Servic es Provider and the State
Department of Health. Provided, however, that the
acquisition of commercial li ability insurance covering
the activities of such Emergency Services Provider
performed within the State of Oklahoma shall not
operate as a waiver of a ny of the limitations,
immunities or defenses provided for political
subdivisions pursuant to the terms o f 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 Conservation District Act,
m. for purposes of The Governmental Tort Claims Act only,
districts formed pursuant to the Oklahoma Irrigation
District Act,
ENGR. S. B. NO. 28 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
n. for purposes of The Governmental Tort Claims Act only,
any community action agency establish ed pursuant to
Sections 5035 through 5040 of Title 74 of the Oklahoma
Statutes,
o. for purposes of The Governmental 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 Claims 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 family homes, and
r. for purposes of The Government al Tort Claims Act only,
a circuit engineering district created pursuant to
Section 687.1 of Title 69 of the Oklahoma Statutes,
and
s. for purposes of The Governmental Tort Claims Act only,
a substate planning district , regional council of
government or other entity created pursuant to Section
1001 et seq. of Title 74 of the Oklahoma Statutes,
and all their institutions, ins trumentalities or agen cies;
ENGR. S. B. NO. 28 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
12. “Scope of employment” means performance by an employee
acting in good faith within the duties of the e mployee’s office or
employment or of tasks lawfully assigned by a competent auth ority
including the operation or use of a n agency vehicle or eq uipment
with actual or implied consent of the sup ervisor of the employee,
but shall not include corruption or fra ud;
13. “State” means the State of Oklahoma or any office,
department, agency, authority, commission, board, institution ,
hospital, college, u niversity, public trust created pursuant to
Title 60 of the Oklahoma Statute s of which the State of Oklahoma is
the beneficiary, or other instrumentality thereof; and
14. “Tort” means a legal wrong, independent of contract,
involving violation of a duty i mposed by general law, statute, the
Constitution of the State of Oklahoma, o r otherwise, resulting in a
loss to any person, association or corporation as the proximate
result of an act or omiss ion of a political subdivision or the sta te
or an employee acting within the scope of employment.
SECTION 2. This act shall become effective November 1, 2021.
ENGR. S. B. NO. 28 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Passed the Senate the 2nd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives