OK
Oklahoma House Bill HB1835

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1835 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 Req. No. 10177 Page 1 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727
2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 1835 By: Hefner
3333
3434
3535
3636
3737
3838 AS INTRODUCED
3939
4040 An Act relating to abuse of elderly and disabled
4141 adults; amending 43A O.S. 2021, Section 10 -103, which
4242 relates to definitions in the Prot ective Services for
4343 Vulnerable Adults Act; defining term; amending 43A
4444 O.S. 2021, Section 10 -104, which relates to persons
4545 required to report abuse, neglect, or exploitation,
4646 penalty, immunity, civil liability for false reports,
4747 disclosure of health inform ation, reporting of
4848 suspicious deaths, impairment of employment
4949 prohibited; directing notification of investigation
5050 and reporting to Oklahoma 's Protection and Advocacy
5151 System; amending 63 O.S. 2021, Section 1 -1902, as
5252 amended by Section 8, Chapter 339, O.S .L. 2024 (63
5353 O.S. Supp. 2024, Section 1 -1902), which relates to
5454 definitions in the Nursing Home Care Act; defining
5555 term; amending 63 O.S. 2021, Section 1 -1939, which
5656 relates to liability to residents, injunctive and
5757 declaratory relief, damages, waiver of r ights, jury
5858 trial, retaliation against residents, immunity,
5959 report of abuse or neglect and other serious
6060 incidents; directing reports be furnished with
6161 Oklahoma's Protection and Advocacy System; and
6262 providing an effective date .
6363
6464
6565
6666
6767
6868 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6969 SECTION 1. AMENDATORY 43A O.S. 2021, Section 10 -103, is
7070 amended to read as follows:
7171
7272 Req. No. 10177 Page 2 1
7373 2
7474 3
7575 4
7676 5
7777 6
7878 7
7979 8
8080 9
8181 10
8282 11
8383 12
8484 13
8585 14
8686 15
8787 16
8888 17
8989 18
9090 19
9191 20
9292 21
9393 22
9494 23
9595 24
9696
9797 Section 10-103. A. When used in the Protective Services for
9898 Vulnerable Adults Act:
9999 1. "Protective services" means services which are necessary to
100100 aid a vulnerable adult in meeting the essential requirements for
101101 mental or physical health and safety that the vulnerable adult is
102102 unable to provide or obtain without assistance. The term
103103 "protective services" includes, but is not limited to , services
104104 provided to or obtained for such person in order to prevent or
105105 remedy the abuse, neglect, or exploitation of such person;
106106 2. "Services which are necessary to aid an individual to meet
107107 essential requirements for mental or physical health and safety "
108108 include, but shall not be limited to:
109109 a. the identification of vulnerable adults in need of the
110110 services,
111111 b. the provision of medical care for physical and mental
112112 health needs,
113113 c. the provision of social services assistance in
114114 personal hygiene, food, clothing, and adequately
115115 heated and ventilated shelter,
116116 d. protection from health and safety hazards,
117117 e. protection from physical mistreatment,
118118 f. guardianship referral,
119119 g. outreach programs, and
120120
121121 Req. No. 10177 Page 3 1
122122 2
123123 3
124124 4
125125 5
126126 6
127127 7
128128 8
129129 9
130130 10
131131 11
132132 12
133133 13
134134 14
135135 15
136136 16
137137 17
138138 18
139139 19
140140 20
141141 21
142142 22
143143 23
144144 24
145145
146146 h. the transportation necessary t o secure any of such
147147 services.
148148 The term shall not include taking the person in to physical custody
149149 without the consent of the person except as provided for in Sections
150150 10-107 and 10-108 of this title, and the evaluation, monitoring, and
151151 provision of protect ive placements;
152152 3. "Meet essential requirements for mental or physical health
153153 and safety" means those actions necessary to provide the health
154154 care, food, shelter, clothing, personal hygiene and other care
155155 without which physical injury or illness to the vu lnerable adult is
156156 likely to occur;
157157 4. "Incapacitated person " means:
158158 a. any person eighteen (18) years of age or older:
159159 (1) who is impaired by reason of mental or physical
160160 illness or disability, dementia or related
161161 disease, developmental or intellectual di sability
162162 or other cause, and
163163 (2) whose ability to receive and evaluate information
164164 effectively or to make and to communicate
165165 responsible decisions is impaired to such an
166166 extent that such person lacks the capacity to
167167 manage his or her financial resources or to meet
168168 essential requirements for his or her mental or
169169
170170 Req. No. 10177 Page 4 1
171171 2
172172 3
173173 4
174174 5
175175 6
176176 7
177177 8
178178 9
179179 10
180180 11
181181 12
182182 13
183183 14
184184 15
185185 16
186186 17
187187 18
188188 19
189189 20
190190 21
191191 22
192192 23
193193 24
194194
195195 physical health or sa fety without assistance from
196196 others, or
197197 b. a person for whom a guardian, limited guardian, or
198198 conservator has been appointed pursuant to the
199199 Oklahoma Guardianship and Conservator ship Act;
200200 5. "Vulnerable adult" means an individual who is an
201201 incapacitated person or who, because of physical or mental
202202 disability, including persons with Alzheimer 's disease or other
203203 dementias, incapacity, or other disability, is substantially
204204 impaired in the ability to provide adequately for the care or
205205 custody of himself or her self, or is unable to manage his or her
206206 property and financial affairs effectively, or to meet essential
207207 requirements for mental or physical health or safety, or to protect
208208 himself or herself from abuse, verbal abuse, neglect, or
209209 exploitation without assistance from others;
210210 6. "Caretaker" means a person who has:
211211 a. the responsibility for the care of a vulnerable adult
212212 or the financial management of the resources of a
213213 vulnerable adult as a result of a family relationship,
214214 b. assumed the responsibility for t he care of a
215215 vulnerable adult voluntarily, by contract, or as a
216216 result of the ties of friendship, or
217217
218218 Req. No. 10177 Page 5 1
219219 2
220220 3
221221 4
222222 5
223223 6
224224 7
225225 8
226226 9
227227 10
228228 11
229229 12
230230 13
231231 14
232232 15
233233 16
234234 17
235235 18
236236 19
237237 20
238238 21
239239 22
240240 23
241241 24
242242
243243 c. been appointed a guardian, limited guardian, or
244244 conservator pursuant to th e Oklahoma Guardianship and
245245 Conservatorship Act;
246246 7. "Department" means the Department of Human Services;
247247 8. "Abuse" means causing or permitting:
248248 a. the infliction of physical pain, injury, sexual abuse,
249249 sexual exploitation, unreasonable restraint or
250250 confinement, mental anguish or personal degradation,
251251 or
252252 b. the deprivation of nutr ition, clothing, shelter,
253253 health care, or other care or services without which
254254 serious physical or mental injury is likely to occur
255255 to a vulnerable adult by a caretaker or other person
256256 providing services to a vulnerable adult;
257257 9. "Exploitation" or "exploit" means an unjust or improper use
258258 of the resources of a vulnerable adult for the profit or advantage,
259259 pecuniary or otherwise, of a person other than the vulnerable adult
260260 through the use of undue influence, coercion, harassment, duress,
261261 deception, false representation or false pretense;
262262 10. "Financial neglect" means repeated instances by a
263263 caretaker, or other person, who has assumed the role of financial
264264 management, of failure to use the resources available to restore or
265265 maintain the health and physical well -being of a vulnerable adult,
266266 including, but not limited to:
267267
268268 Req. No. 10177 Page 6 1
269269 2
270270 3
271271 4
272272 5
273273 6
274274 7
275275 8
276276 9
277277 10
278278 11
279279 12
280280 13
281281 14
282282 15
283283 16
284284 17
285285 18
286286 19
287287 20
288288 21
289289 22
290290 23
291291 24
292292
293293 a. squandering or negligently mismanaging the money,
294294 property, or accounts of a vulnerable adult,
295295 b. refusing to pay for necessities or utilities in a
296296 timely manner, or
297297 c. providing substandard care to a vulnerable adult
298298 despite the availability of adequate financial
299299 resources;
300300 11. "Neglect" means:
301301 a. the failure to provide protection for a vulnerable
302302 adult who is unable to protect his or her own
303303 interest,
304304 b. the failure to provide a vulnerable adult with
305305 adequate shelter, nutrition, health care, or clothing,
306306 or
307307 c. negligent acts or omissions that result in harm or the
308308 unreasonable risk of harm to a vulnerable adult
309309 through the action, inaction, or lack of supervision
310310 by a caretaker providing di rect services;
311311 12. "Personal degradation " means a willful act by a caretaker
312312 intended to shame, degrade, humiliate or otherwise harm the personal
313313 dignity of a vulnerable adult, or where the caretaker knew or
314314 reasonably should have known the act would cause shame, degradation,
315315 humiliation or harm to the personal dignity of a reasonable person.
316316 Personal degradation includes the taking, transmitting, or display
317317
318318 Req. No. 10177 Page 7 1
319319 2
320320 3
321321 4
322322 5
323323 6
324324 7
325325 8
326326 9
327327 10
328328 11
329329 12
330330 13
331331 14
332332 15
333333 16
334334 17
335335 18
336336 19
337337 20
338338 21
339339 22
340340 23
341341 24
342342
343343 of an electronic ima ge of a vulnerable adult by a caretaker, where
344344 the caretaker's actions constitute a willful act intended to shame,
345345 degrade, humiliate or otherwise harm the personal dignity of the
346346 dependent adult, or where the caretaker knew or reasonably should
347347 have known the act would cause shame, degradation, humiliation or
348348 harm to the personal dignity of a reasonable person. Personal
349349 degradation does not include:
350350 a. the taking, transmission or display of an electronic
351351 image of a vulnerable adult for the purpose of
352352 reporting vulnerable adult abuse to law enforcement,
353353 the Department of Human Servi ces or other regulatory
354354 agency that oversees caretakers or enforces abuse or
355355 neglect laws or rules,
356356 b. the taking, transmission or display of an electronic
357357 image of a vulnerable adult for the purpose of
358358 treatment or diagnosis, or
359359 c. the taking, transmission or display of an electronic
360360 image of a vulnerable adult as part of an ongoing
361361 investigation;
362362 13. "Sexual abuse" means:
363363 a. oral, anal, or vaginal penetration of a vulnerable
364364 adult by or through the union with the sexual organ of
365365 a caretaker or other pers on providing services to the
366366 vulnerable adult, or the anal or vaginal penetration
367367
368368 Req. No. 10177 Page 8 1
369369 2
370370 3
371371 4
372372 5
373373 6
374374 7
375375 8
376376 9
377377 10
378378 11
379379 12
380380 13
381381 14
382382 15
383383 16
384384 17
385385 18
386386 19
387387 20
388388 21
389389 22
390390 23
391391 24
392392
393393 of a vulnerable adult by a caretaker or other person
394394 providing services to the vulnerable adult with any
395395 other object, or
396396 b. for the purpose of sexual gratification, the touching,
397397 feeling or observation of the body or private parts of
398398 a vulnerable adult by a caretaker or other person
399399 providing services to the vulnerable adult, or
400400 c. indecent exposure by a caretaker or other person
401401 providing services to the vulnerable adult;
402402 14. "Indecent exposure" means forcing or requiring a vulnerable
403403 adult to:
404404 a. look upon the body or private parts of another person
405405 or upon sexual acts performed in the presence of the
406406 vulnerable adult, or
407407 b. touch or feel the body or private parts of another;
408408 15. "Self-neglect" means the action or inaction of a vulnerable
409409 adult which causes that person to fail to meet the essential
410410 requirements for physical or mental health and sa fety due to the
411411 vulnerable adult's lack of awareness, incompetence or incapaci ty;
412412 16. "Sexual exploitation" includes, but is not limited to, a
413413 caretaker's causing, allowing, permitting or encouraging a
414414 vulnerable adult to engage in prostitution or in the lewd, obscene,
415415 or pornographic photographing, filming or depiction of the
416416 vulnerable adult as those acts are defined by state law; and
417417
418418 Req. No. 10177 Page 9 1
419419 2
420420 3
421421 4
422422 5
423423 6
424424 7
425425 8
426426 9
427427 10
428428 11
429429 12
430430 13
431431 14
432432 15
433433 16
434434 17
435435 18
436436 19
437437 20
438438 21
439439 22
440440 23
441441 24
442442
443443 17. "Verbal abuse" means the use of words, sounds, or other
444444 communication including, but not limited to, gestures, actio ns or
445445 behaviors, by a caretaker or other person providing services to a
446446 vulnerable adult that are likely to cause a reasonable person to
447447 experience humiliation, intimidation, fear, shame , or degradation;
448448 and
449449 18. "Oklahoma's Protection and Advocacy System " means a
450450 protection and advocacy system established in accordance with
451451 Section 143 of the Developmental Disabilities Assistance and Bill of
452452 Rights Act of 2000.
453453 B. Nothing in this section shall be construed to mean a
454454 vulnerable adult is abused or neglected for the sole reason the
455455 vulnerable adult, in good faith, selects and depends upon spiritual
456456 means alone through prayer, in accordance with the practices of a
457457 recognized religious method of healing, for the treatment or cure of
458458 disease or remedial care, or a caretaker or other person
459459 responsible, in good faith, is furnishing such vulnerable adult
460460 spiritual means alone through prayer, in accordance with the tenets
461461 and practices of a recognized church or religious denomination, for
462462 the treatment or cure of di sease or remedial care in accordance with
463463 the practices of or express consent of the vulnerable adult.
464464 SECTION 2. AMENDATORY 43A O.S. 2021, Section 10 -104, is
465465 amended to read as follows:
466466
467467 Req. No. 10177 Page 10 1
468468 2
469469 3
470470 4
471471 5
472472 6
473473 7
474474 8
475475 9
476476 10
477477 11
478478 12
479479 13
480480 14
481481 15
482482 16
483483 17
484484 18
485485 19
486486 20
487487 21
488488 22
489489 23
490490 24
491491
492492 Section 10-104. A. Any person having reas onable cause to
493493 believe that a vulnerable adult is suffering from abuse, neglect, or
494494 exploitation shall make a report as soon as the person is aware of
495495 the situation to:
496496 1. The Department of Human Services; or
497497 2. The municipal police department or sherif f's office in the
498498 county in which the suspected abuse, neglect, or exploitatio n
499499 occurred.
500500 B. Persons required to make reports pursuant to this section
501501 shall include, but not be limited to:
502502 1. Physicians;
503503 2. Operators of emergency response vehicles and o ther medical
504504 professionals;
505505 3. Social workers and mental health professionals;
506506 4. Law enforcement officials;
507507 5. Staff of domestic violence programs;
508508 6. Long-term care facility personnel, including staff of
509509 nursing facilities, intermediate care faciliti es for individuals
510510 with intellectual disabilities (ICFs/IID), assisted living
511511 facilities, and residential care facilities;
512512 7. Other health care professionals;
513513 8. Persons entering into transactions with a caretaker or other
514514 person who has assumed the role of financial management for a
515515 vulnerable adult;
516516
517517 Req. No. 10177 Page 11 1
518518 2
519519 3
520520 4
521521 5
522522 6
523523 7
524524 8
525525 9
526526 10
527527 11
528528 12
529529 13
530530 14
531531 15
532532 16
533533 17
534534 18
535535 19
536536 20
537537 21
538538 22
539539 23
540540 24
541541
542542 9. Staff of residential care facilities, group homes, or
543543 employment settings for individuals with intellectual disabilities;
544544 10. Job coaches, community service workers, and personal care
545545 assistants; and
546546 11. Municipal employees.
547547 C. 1. If the report is not made in writing in the fi rst
548548 instance, as soon as possible after it is initially made by
549549 telephone or otherwise, the report shall be reduced to writing by
550550 the Department of Human Services, in accordance with rules
551551 promulgated by the Director of Human Services, or the local
552552 municipal police or sheriff 's department whichever entity received
553553 the initial report. The report shall contain the following
554554 information:
555555 a. the name and address of the vulnerable adu lt,
556556 b. the name and address of the caretaker, guardian, or
557557 person having power of attorney over the vulnerable
558558 adult's resources if any,
559559 c. a description of the current location of the
560560 vulnerable adult,
561561 d. a description of the current condition of the
562562 vulnerable adult, and
563563 e. a description of the situation which may constitute
564564 abuse, neglect, or exploitation of the vulnerable
565565 adult.
566566
567567 Req. No. 10177 Page 12 1
568568 2
569569 3
570570 4
571571 5
572572 6
573573 7
574574 8
575575 9
576576 10
577577 11
578578 12
579579 13
580580 14
581581 15
582582 16
583583 17
584584 18
585585 19
586586 20
587587 21
588588 22
589589 23
590590 24
591591
592592 2. If federal law specifically prohibits the disclosure of any
593593 of the information required by this subsection, that informati on may
594594 be excluded from the report.
595595 D. If the initial report is made to the l ocal municipal police
596596 department or sheriff 's office, such police department or sheriff 's
597597 office shall notify, as soon as possible, the Department of Human
598598 Services of its invest igation.
599599 E. The Department of Human Services shall forward a copy of all
600600 initial reports to Oklahoma 's Protection and Advocacy System.
601601 F. Any person who knowingly and willfully fails to promptly
602602 report any abuse, neglect, or exploitation as required by t he
603603 provisions of subsection A of this section, upon conviction, shall
604604 be guilty of a misdemeanor punishable by imprisonment in the county
605605 jail for a term not exceeding one (1) year or by a fine of not more
606606 than One Thousand Dollars ($1,000.00), or by both such fine and
607607 imprisonment.
608608 F. G. 1. Any person participating in good faith and exercising
609609 due care in the making of a report pursuant to the provisions of
610610 this section shall have immunity from any civil or criminal
611611 liability that might otherwise be incu rred or imposed. Any such
612612 participant shall have the same immunity with respe ct to
613613 participation in any judicial proceeding resulting from the report.
614614 2. The same immunity from any civil or criminal liability shall
615615 also be extended to previous employers of a person employed to be
616616
617617 Req. No. 10177 Page 13 1
618618 2
619619 3
620620 4
621621 5
622622 6
623623 7
624624 8
625625 9
626626 10
627627 11
628628 12
629629 13
630630 14
631631 15
632632 16
633633 17
634634 18
635635 19
636636 20
637637 21
638638 22
639639 23
640640 24
641641
642642 responsible for the care of a vulnerable adult, who in good faith
643643 report to new employers or prospective employers of such caretaker
644644 any misconduct of the caretaker including, but not limited to,
645645 abuse, neglect or exploitation of a vulnerable adult, whether
646646 confirmed or not.
647647 G. H. Any person who willfully or recklessly makes a false
648648 report shall be civilly liable for any actual damages suffered by
649649 the person being reported and for any punitive damages set by the
650650 court or jury which may be allowed in the discretion of the court or
651651 jury.
652652 H. I. 1. Every physician or other health care professional
653653 making a report concerning the abuse, neglect or exploitation of a
654654 vulnerable adult, as required by this section, or examining a
655655 vulnerable adult to determine the likelihood of abuse, neglect or
656656 exploitation, and ev ery hospital in which a vulnerable adult is
657657 examined or treated for abuse, neglect or exploitation shall
658658 disclose necessary health information related to the case and
659659 provide, upon request by either the Department of Human Services or
660660 the local municipal police or sheriff 's department receiving the
661661 initial report, copies of the results or the records of the
662662 examination on which the report was based, and any other clinical
663663 notes, x-rays or photographs and other health information which is
664664 related to the case if:
665665
666666 Req. No. 10177 Page 14 1
667667 2
668668 3
669669 4
670670 5
671671 6
672672 7
673673 8
674674 9
675675 10
676676 11
677677 12
678678 13
679679 14
680680 15
681681 16
682682 17
683683 18
684684 19
685685 20
686686 21
687687 22
688688 23
689689 24
690690
691691 a. the vulnerable adult agrees to the disclosure of the
692692 health information, or
693693 b. the individual is unable to agree to the disclosure of
694694 health information because of incapa city;, and
695695 (1) the requesting party represents that the health
696696 information for which disclosure is sought is not
697697 intended to be used against the vulnerable adult
698698 in a criminal prosecution but to provide
699699 protective services pursuant to the Protective
700700 Services for Vulnerable Adults Act,
701701 (2) the disclosure of the information is necessa ry to
702702 conduct an investigation into the alleged abuse,
703703 neglect or exploitation of the vulnerable adult
704704 subject to the investigation, and
705705 (3) immediate enforcement activity that d epends upon
706706 the disclosure:
707707 (a) is necessary to protect the health, safety
708708 and welfare of the vulnerable adult because
709709 of incapacity, or
710710 (b) would be materially and adversely affected
711711 by waiting until the vulnerable adult is
712712 able to agree to the disclosure .
713713
714714 Req. No. 10177 Page 15 1
715715 2
716716 3
717717 4
718718 5
719719 6
720720 7
721721 8
722722 9
723723 10
724724 11
725725 12
726726 13
727727 14
728728 15
729729 16
730730 17
731731 18
732732 19
733733 20
734734 21
735735 22
736736 23
737737 24
738738
739739 2. If federal law specifically prohibits the disclosure of any
740740 of the information required by this subsection, that information may
741741 be excluded from the disclosed health information.
742742 I. J. After investigating the report, either the county office
743743 of the Department of Human Services or the municipal police
744744 department or sheriff 's office, as appropriate, shall forward its
745745 findings to the office of the district attorney in the county in
746746 which the suspected abuse, neglect, or exploitation occurred.
747747 Unsubstantiated findings shall be labeled as such before
748748 transmission to the office of the district attorney. Findings of
749749 self-neglect shall not be forwarded to the office of the district
750750 attorney unless similar findings were reported within six (6) months
751751 prior. The Department of Human Services shall forward all findings
752752 to Oklahoma's Protection and Advocacy System.
753753 J. K. Any state or county medical examiner or physician who has
754754 reasonable cause to suspect that the death of any vulnerable adult
755755 may be the result of abuse or neglect as defined by Section 10 -103
756756 of this title shall make a report to the district attorney or other
757757 law enforcement official of the county in which the death occurred
758758 and Oklahoma's Protection and Advocacy System . The report shall
759759 include the name of the person making the report, the name of the
760760 deceased person, the facts or other evidence supporting such
761761 suspicion, and any other health information that may be of
762762
763763 Req. No. 10177 Page 16 1
764764 2
765765 3
766766 4
767767 5
768768 6
769769 7
770770 8
771771 9
772772 10
773773 11
774774 12
775775 13
776776 14
777777 15
778778 16
779779 17
780780 18
781781 19
782782 20
783783 21
784784 22
785785 23
786786 24
787787
788788 assistance to the district attorney in conducting an investigation
789789 into the matter.
790790 K. L. No employer shall terminate the employment, prevent or
791791 impair the practice or occupation of or impose any other sanction on
792792 any employee solely for the reason that the employee made or caused
793793 to be made a report or cooperated with an invest igation pursuant to
794794 the Protective Services for Vulnerable Adults Act. A court, in
795795 addition to other damages and remedies, may assess reasonable
796796 attorney fees against an employer who has been found to have
797797 violated the provisions of this subsection.
798798 SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -1902, as
799799 amended by Section 8, Chapter 339, O.S.L. 2024 (63 O.S. Supp. 2024,
800800 Section 1-1902), is amended to read as follows:
801801 Section 1-1902. As used in the Nursing Home Care Act:
802802 1. "Abuse" means the willful infliction of injury, unreasonable
803803 confinement, intimidation, or punishment, with resulting physical
804804 harm, impairment, or mental anguish;
805805 2. "Access" means the right of a person to enter a facility to
806806 communicate privately and without unreasonable restriction when
807807 invited to do so by a resident. A representati ve of the Office of
808808 the State Long-Term Care Ombudsman and a case manager employed by
809809 the Department of Mental Health and Substance Abuse Services or one
810810 of its contract agencies shall have right of access to enter a
811811 facility, communicate privately and without unreasonable restriction
812812
813813 Req. No. 10177 Page 17 1
814814 2
815815 3
816816 4
817817 5
818818 6
819819 7
820820 8
821821 9
822822 10
823823 11
824824 12
825825 13
826826 14
827827 15
828828 16
829829 17
830830 18
831831 19
832832 20
833833 21
834834 22
835835 23
836836 24
837837
838838 with any resident who consents to the communication, to seek consent
839839 to communicate privately and without restriction with any resident,
840840 and to observe all areas of the facility that directly pertain to
841841 the patient care of the resident without infringing upon the privacy
842842 of the other residents without first obtaining their consent;
843843 3. "Administrator" means the person licensed by the State of
844844 Oklahoma who is in charge of a facility. An administrator must
845845 devote at least one-third (1/3) of such person 's working time to on -
846846 the-job supervision of the facility; provided, that this requirement
847847 shall not apply to an administrator of an intermediate care fac ility
848848 for individuals with intellectual disabilities with sixteen or fewer
849849 beds (ICF/IID-16), in which case the person licensed by the state
850850 may be in charge of more than one such ICF/IID -16 facility, if such
851851 facilities are located within a circle that has a radius of not more
852852 than fifteen (15) miles, the total number of facilities and beds
853853 does not exceed six facilities and sixty -four beds, and each such
854854 ICF/IID-16 facility is supervised by a qualified professional. The
855855 facilities may be free -standing in a community or may be on campus
856856 with a parent institution. The ICF/IID -16 facility may be
857857 independently owned and operated or may be part of a larger
858858 institutional operation;
859859 4. "Advisory Board" means the Long-Term Care Facility Advisory
860860 Board;
861861
862862 Req. No. 10177 Page 18 1
863863 2
864864 3
865865 4
866866 5
867867 6
868868 7
869869 8
870870 9
871871 10
872872 11
873873 12
874874 13
875875 14
876876 15
877877 16
878878 17
879879 18
880880 19
881881 20
882882 21
883883 22
884884 23
885885 24
886886
887887 5. "Adult companion home" means any home or establishment,
888888 funded and certified by the Department of Human Services, which
889889 provides homelike residential accommodations and supportive
890890 assistance to three or fewer adults with intellectual or
891891 developmental disabiliti es;
892892 6. "Board" means the State Board of Health;
893893 7. "Commissioner" means the State Commissioner of Health;
894894 8. "Department" means the State Department of Health;
895895 9. "Facility" means a nursing facility and a specialized home;
896896 provided, this term shall not include a residential care home or an
897897 adult companion home;
898898 10. "Nursing facility" means a home, an establishment, or an
899899 institution, a distinct part of which is primarily engaged in
900900 providing:
901901 a. skilled nursing care and related services for
902902 residents who require medical or nursing care,
903903 b. rehabilitation services for the rehabil itation of
904904 injured, disabled, or sick persons, or
905905 c. on a regular basis, health -related care and services
906906 to individuals who because of their mental or physical
907907 condition require care and services beyond the level
908908 of care provided by a residential care home and which
909909 can be made available to them only through a nursing
910910 facility.
911911
912912 Req. No. 10177 Page 19 1
913913 2
914914 3
915915 4
916916 5
917917 6
918918 7
919919 8
920920 9
921921 10
922922 11
923923 12
924924 13
925925 14
926926 15
927927 16
928928 17
929929 18
930930 19
931931 20
932932 21
933933 22
934934 23
935935 24
936936
937937 Nursing facility does not mean, for purposes of Section 1 -851.1 of
938938 this title, a facility constructed o r operated by an entity
939939 described in paragraph 7 of subsection B of Section 62 01 of Title 74
940940 of the Oklahoma Statutes or the nursing care component of a
941941 continuum of care facility, as such term is defined under the
942942 Continuum of Care and Assisted Living Act , to the extent that the
943943 facility constructed or operated by an entity described in paragraph
944944 7 of subsection B of Section 6201 of Title 74 of the Oklahoma
945945 Statutes contains such a nursing care component;
946946 11. "Specialized facility " means any home, establi shment, or
947947 institution which offers or provides inpatient long -term care
948948 services on a twenty-four-hour basis to a limited category of
949949 persons requiring such services, including , but not limited to, a
950950 facility providing health or habilitation services for individuals
951951 with intellectual or developmental disabilities, but does not mean,
952952 for purposes of Section 1 -851.1 of this title, a facility
953953 constructed or operated by an entity described in paragraph 7 of
954954 subsection B of Section 6201 of Title 74 of the Oklah oma Statutes or
955955 the nursing care component of a continuum of care facility, as such
956956 term is defined under the Continuum of Care and Assisted Living Act,
957957 to the extent that the facility constructed or operated by an entity
958958 described in paragraph 7 of subsec tion B of Section 6201 of Title 74
959959 of the Oklahoma Statutes contains such a nursing care component;
960960
961961 Req. No. 10177 Page 20 1
962962 2
963963 3
964964 4
965965 5
966966 6
967967 7
968968 8
969969 9
970970 10
971971 11
972972 12
973973 13
974974 14
975975 15
976976 16
977977 17
978978 18
979979 19
980980 20
981981 21
982982 22
983983 23
984984 24
985985
986986 12. "Residential care home " means any home, establishment, or
987987 institution licensed pursuant to the provisions of the Residential
988988 Care Act other than a hote l, motel, fraternity or sorority house, or
989989 college or university dormitory, wh ich offers or provides
990990 residential accommodations, food service, and supportive assistance
991991 to any of its residents or houses any resident requiring supportive
992992 assistance. The residents shall be persons who are ambulatory and
993993 essentially capable of managing their own affairs, but who do not
994994 routinely require nursing care; provided, the term residential care
995995 home shall not mean a hotel, motel, fraternity or sorority house, or
996996 college or university dormitory, if the facility operates in a
997997 manner customary to its description and does not house any person
998998 who requires supportive assistance from the facility in order to
999999 meet an adequate level of daily living;
10001000 13. "Licensee" means the person, a corporation, partnership, or
10011001 association who is the owner of the facility which is licensed by
10021002 the Department pursuant to the provisions of the Nursing Home Care
10031003 Act;
10041004 14. "Maintenance" means meals, shelter, and laundry services;
10051005 15. "Neglect" means failure to provide goods and/or services
10061006 necessary to avoid physical harm, mental anguish, or mental illness;
10071007 16. "Oklahoma's Protection and Advocacy System " means a
10081008 protection and advocacy system established in accordance with
10091009
10101010 Req. No. 10177 Page 21 1
10111011 2
10121012 3
10131013 4
10141014 5
10151015 6
10161016 7
10171017 8
10181018 9
10191019 10
10201020 11
10211021 12
10221022 13
10231023 14
10241024 15
10251025 16
10261026 17
10271027 18
10281028 19
10291029 20
10301030 21
10311031 22
10321032 23
10331033 24
10341034
10351035 Section 143 of the Deve lopmental Disabilities Assistance and Bill of
10361036 Rights Act of 2000;
10371037 17. "Owner" means a person, corporation, partnership,
10381038 association, or other entity which owns a facility or leases a
10391039 facility. The person or entity that stands to profit or lose as a
10401040 result of the financial success or failure of the operation shall be
10411041 presumed to be the owner of the facility. Notwithstanding the
10421042 foregoing, any nonstate governmental entity that has acquired and
10431043 owns or leases a facility and that has entered into an agreemen t
10441044 with the Oklahoma Health Care Authority to participate in the
10451045 nursing facility supplemental payment program (UPL Owner) shall be
10461046 deemed the owner of such facility and shall be authorized to obtain
10471047 management services from a management services provider ( UPL
10481048 Manager), and to delegate, allocate, and assign as between the UPL
10491049 Owner and UPL Manager, compensation, profits, losses, liabilities,
10501050 decision-making authority, and responsibilities, including
10511051 responsibility for the employment, direction, supervision, and
10521052 control of the facility 's administrator and staff;
10531053 17. 18. "Personal care" means assistance with meals, dressing,
10541054 movement, bathing or other personal needs or maintenance, or general
10551055 supervision of the physical and mental well -being of a person, who
10561056 is incapable of maintaining a private, independent residence, or who
10571057 is incapable of managing his or her person, whether or not a
10581058 guardian has been appointed for such person;
10591059
10601060 Req. No. 10177 Page 22 1
10611061 2
10621062 3
10631063 4
10641064 5
10651065 6
10661066 7
10671067 8
10681068 9
10691069 10
10701070 11
10711071 12
10721072 13
10731073 14
10741074 15
10751075 16
10761076 17
10771077 18
10781078 19
10791079 20
10801080 21
10811081 22
10821082 23
10831083 24
10841084
10851085 18. 19. "Resident" means a person residing in a facility due to
10861086 illness, physical or mental infirmity, or advanced age;
10871087 19. 20. "Representative of a resident " means a court-appointed
10881088 guardian or, if there is no court -appointed guardian, the parent of
10891089 a minor, a relative, or other person, designated in writing by the
10901090 resident; provided, that any owner, operator, administrator, or
10911091 employee of a facility subject t o the provisions of the Nursing Home
10921092 Care Act, the Residential Care Act, or the Group Homes for Persons
10931093 with Developmental or Physical Disabilities Act shall not be
10941094 appointed guardian or limited guardian of a resident of the facility
10951095 unless the owner, operator, administrator, or employee is the spouse
10961096 of the resident, or a relative of the resident within the second
10971097 degree of consanguinity and is otherwise eligible for appointment;
10981098 and
10991099 20. 21. "Supportive assistance " means the service rendered to
11001100 any person which is less than the service provided by a nursing
11011101 facility but which is sufficient to enable the person to meet an
11021102 adequate level of daily living. Supportive assistance incl udes, but
11031103 is not limited to, housekeeping, assistance in the preparation of
11041104 meals, assistance in the safe storage, distribution, and
11051105 administration of medications, and assistance in personal care as is
11061106 necessary for the health and comfort of such person. Supportive
11071107 assistance shall not include medical service services.
11081108
11091109 Req. No. 10177 Page 23 1
11101110 2
11111111 3
11121112 4
11131113 5
11141114 6
11151115 7
11161116 8
11171117 9
11181118 10
11191119 11
11201120 12
11211121 13
11221122 14
11231123 15
11241124 16
11251125 17
11261126 18
11271127 19
11281128 20
11291129 21
11301130 22
11311131 23
11321132 24
11331133
11341134 SECTION 4. AMENDATORY 63 O.S. 2021, Section 1 -1939, is
11351135 amended to read as follows:
11361136 Section 1-1939. A. The owner and licensee are liable to a
11371137 resident for any inte ntional or negligent act or omission of their
11381138 agents or employees which injures the resident. In addition, any
11391139 state employee that aids, abets, assists, or conspires with an owner
11401140 or licensee to perform an act that causes injury to a resident shall
11411141 be individually liable.
11421142 B. A resident may maintain an action under the Nursing Home
11431143 Care Act for any other type of relief, including injunctive and
11441144 declaratory relief, permitted by law.
11451145 C. Any damages recoverable under this section, including
11461146 minimum damages as provided by this section, may be recovered in any
11471147 action which a court may authorize to be brought as a class action.
11481148 The remedies provided in this section, are in addition to and
11491149 cumulative with any other legal remedies available to a resident.
11501150 Exhaustion of any available administrative remedies shall not be
11511151 required prior to com mencement of suit hereunder.
11521152 D. Any waiver by a resident or the legal representative of the
11531153 resident of the right to commence an action under this section,
11541154 whether oral or in wr iting, shall be null and void, and without
11551155 legal force or effect.
11561156 E. Any party to an action brought under this section shall be
11571157 entitled to a trial by jury and any waiver of the right to a trial
11581158
11591159 Req. No. 10177 Page 24 1
11601160 2
11611161 3
11621162 4
11631163 5
11641164 6
11651165 7
11661166 8
11671167 9
11681168 10
11691169 11
11701170 12
11711171 13
11721172 14
11731173 15
11741174 16
11751175 17
11761176 18
11771177 19
11781178 20
11791179 21
11801180 22
11811181 23
11821182 24
11831183
11841184 by a jury, whether oral or in writing, prior to the commence ment of
11851185 an action, shall be null and void, and without legal force or
11861186 effect.
11871187 F. A licensee or its agents or employees shall not transfer,
11881188 discharge, evict, harass, dismiss , or retaliate against a resident,
11891189 a resident's guardian, or an employee or agent w ho makes a report,
11901190 brings, or testifies in, an action under this section, or files a
11911191 complaint because of a report, testimony , or complaint.
11921192 G. Any person, institution or agency, under the Nursing Home
11931193 Care Act, participating in good faith in the making o f a report, or
11941194 in the investigation of such a report shall not be deemed to ha ve
11951195 violated any privileged communication and shall have immunity from
11961196 any liability, civil or criminal, or any other proceedings, civil or
11971197 criminal, as a consequence of making su ch report. The good faith of
11981198 any persons required, or permitted to report cases of suspected
11991199 resident abuse or neglect under this act shall be presumed.
12001200 H. A facility employee or agent who becomes aware of abuse,
12011201 neglect, or exploitation of a resident pr ohibited by the Nursing
12021202 Home Care Act shall immediately report the matter to t he facility
12031203 administrator. A facility administrator who becomes aware of abuse,
12041204 neglect, or exploitation of a resident shall immediately act to
12051205 rectify the problem and shall mak e a report of the incident and its
12061206 correction to the Department.
12071207
12081208 Req. No. 10177 Page 25 1
12091209 2
12101210 3
12111211 4
12121212 5
12131213 6
12141214 7
12151215 8
12161216 9
12171217 10
12181218 11
12191219 12
12201220 13
12211221 14
12221222 15
12231223 16
12241224 17
12251225 18
12261226 19
12271227 20
12281228 21
12291229 22
12301230 23
12311231 24
12321232
12331233 I. 1. The facility shall be responsible for reporting the
12341234 following serious incidents to the Department within twenty -four
12351235 (24) hours:
12361236 a. communicable diseases,
12371237 b. deaths by unusual occurre nce, including accidental
12381238 deaths or deaths other than by natural causes, and
12391239 deaths that may be attributed to a medical device,
12401240 c. missing residents. In addition, the facility shall
12411241 make a report to local law enforcement agencies within
12421242 two (2) hours if the resident is still missing,
12431243 d. situations arising where a rape or a criminal act is
12441244 suspected. Such situations shall also be reported to
12451245 local law enforcement immediately. The facility shall
12461246 make every effort to preserve the scene of the
12471247 suspected rape or crime until local law enforcement
12481248 has arrived, and
12491249 e. resident abuse, negl ect, and misappropriation of the
12501250 property of a resident.
12511251 2. All other incident reports shall be made in accordance with
12521252 federal law.
12531253 3. All initial written reports of incidents or situations shall
12541254 be mailed to the Department and Oklahoma's Protection and Advocacy
12551255 System within five (5) working days after the incident or situation.
12561256 The final report shall be filed with the Department and Oklahoma's
12571257
12581258 Req. No. 10177 Page 26 1
12591259 2
12601260 3
12611261 4
12621262 5
12631263 6
12641264 7
12651265 8
12661266 9
12671267 10
12681268 11
12691269 12
12701270 13
12711271 14
12721272 15
12731273 16
12741274 17
12751275 18
12761276 19
12771277 20
12781278 21
12791279 22
12801280 23
12811281 24
12821282
12831283 Protection and Advocacy System when the full investigation is
12841284 complete.
12851285 SECTION 5. This act shall become effective November 1, 2025.
12861286
12871287 60-1-10177 TJ 01/16/25