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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1835 By: Hefner
AS INTRODUCED
An Act relating to abuse of elderly and disabled
adults; amending 43A O.S. 2021, Section 10 -103, which
relates to definitions in the Prot ective Services for
Vulnerable Adults Act; defining term; amending 43A
O.S. 2021, Section 10 -104, which relates to persons
required to report abuse, neglect, or exploitation,
penalty, immunity, civil liability for false reports,
disclosure of health inform ation, reporting of
suspicious deaths, impairment of employment
prohibited; directing notification of investigation
and reporting to Oklahoma 's Protection and Advocacy
System; amending 63 O.S. 2021, Section 1 -1902, as
amended by Section 8, Chapter 339, O.S .L. 2024 (63
O.S. Supp. 2024, Section 1 -1902), which relates to
definitions in the Nursing Home Care Act; defining
term; amending 63 O.S. 2021, Section 1 -1939, which
relates to liability to residents, injunctive and
declaratory relief, damages, waiver of r ights, jury
trial, retaliation against residents, immunity,
report of abuse or neglect and other serious
incidents; directing reports be furnished with
Oklahoma's Protection and Advocacy System; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Section 10 -103, is
amended to read as follows:
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Section 10-103. A. When used in the Protective Services for
Vulnerable Adults Act:
1. "Protective services" means services which are necessary to
aid a vulnerable adult in meeting the essential requirements for
mental or physical health and safety that the vulnerable adult is
unable to provide or obtain without assistance. The term
"protective services" includes, but is not limited to , services
provided to or obtained for such person in order to prevent or
remedy the abuse, neglect, or exploitation of such person;
2. "Services which are necessary to aid an individual to meet
essential requirements for mental or physical health and safety "
include, but shall not be limited to:
a. the identification of vulnerable adults in need of the
services,
b. the provision of medical care for physical and mental
health needs,
c. the provision of social services assistance in
personal hygiene, food, clothing, and adequately
heated and ventilated shelter,
d. protection from health and safety hazards,
e. protection from physical mistreatment,
f. guardianship referral,
g. outreach programs, and
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h. the transportation necessary t o secure any of such
services.
The term shall not include taking the person in to physical custody
without the consent of the person except as provided for in Sections
10-107 and 10-108 of this title, and the evaluation, monitoring, and
provision of protect ive placements;
3. "Meet essential requirements for mental or physical health
and safety" means those actions necessary to provide the health
care, food, shelter, clothing, personal hygiene and other care
without which physical injury or illness to the vu lnerable adult is
likely to occur;
4. "Incapacitated person " means:
a. any person eighteen (18) years of age or older:
(1) who is impaired by reason of mental or physical
illness or disability, dementia or related
disease, developmental or intellectual di sability
or other cause, and
(2) whose ability to receive and evaluate information
effectively or to make and to communicate
responsible decisions is impaired to such an
extent that such person lacks the capacity to
manage his or her financial resources or to meet
essential requirements for his or her mental or
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physical health or sa fety without assistance from
others, or
b. a person for whom a guardian, limited guardian, or
conservator has been appointed pursuant to the
Oklahoma Guardianship and Conservator ship Act;
5. "Vulnerable adult" means an individual who is an
incapacitated person or who, because of physical or mental
disability, including persons with Alzheimer 's disease or other
dementias, incapacity, or other disability, is substantially
impaired in the ability to provide adequately for the care or
custody of himself or her self, or is unable to manage his or her
property and financial affairs effectively, or to meet essential
requirements for mental or physical health or safety, or to protect
himself or herself from abuse, verbal abuse, neglect, or
exploitation without assistance from others;
6. "Caretaker" means a person who has:
a. the responsibility for the care of a vulnerable adult
or the financial management of the resources of a
vulnerable adult as a result of a family relationship,
b. assumed the responsibility for t he care of a
vulnerable adult voluntarily, by contract, or as a
result of the ties of friendship, or
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c. been appointed a guardian, limited guardian, or
conservator pursuant to th e Oklahoma Guardianship and
Conservatorship Act;
7. "Department" means the Department of Human Services;
8. "Abuse" means causing or permitting:
a. the infliction of physical pain, injury, sexual abuse,
sexual exploitation, unreasonable restraint or
confinement, mental anguish or personal degradation,
or
b. the deprivation of nutr ition, clothing, shelter,
health care, or other care or services without which
serious physical or mental injury is likely to occur
to a vulnerable adult by a caretaker or other person
providing services to a vulnerable adult;
9. "Exploitation" or "exploit" means an unjust or improper use
of the resources of a vulnerable adult for the profit or advantage,
pecuniary or otherwise, of a person other than the vulnerable adult
through the use of undue influence, coercion, harassment, duress,
deception, false representation or false pretense;
10. "Financial neglect" means repeated instances by a
caretaker, or other person, who has assumed the role of financial
management, of failure to use the resources available to restore or
maintain the health and physical well -being of a vulnerable adult,
including, but not limited to:
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a. squandering or negligently mismanaging the money,
property, or accounts of a vulnerable adult,
b. refusing to pay for necessities or utilities in a
timely manner, or
c. providing substandard care to a vulnerable adult
despite the availability of adequate financial
resources;
11. "Neglect" means:
a. the failure to provide protection for a vulnerable
adult who is unable to protect his or her own
interest,
b. the failure to provide a vulnerable adult with
adequate shelter, nutrition, health care, or clothing,
or
c. negligent acts or omissions that result in harm or the
unreasonable risk of harm to a vulnerable adult
through the action, inaction, or lack of supervision
by a caretaker providing di rect services;
12. "Personal degradation " means a willful act by a caretaker
intended to shame, degrade, humiliate or otherwise harm the personal
dignity of a vulnerable adult, or where the caretaker knew or
reasonably should have known the act would cause shame, degradation,
humiliation or harm to the personal dignity of a reasonable person.
Personal degradation includes the taking, transmitting, or display
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of an electronic ima ge of a vulnerable adult by a caretaker, where
the caretaker's actions constitute a willful act intended to shame,
degrade, humiliate or otherwise harm the personal dignity of the
dependent adult, or where the caretaker knew or reasonably should
have known the act would cause shame, degradation, humiliation or
harm to the personal dignity of a reasonable person. Personal
degradation does not include:
a. the taking, transmission or display of an electronic
image of a vulnerable adult for the purpose of
reporting vulnerable adult abuse to law enforcement,
the Department of Human Servi ces or other regulatory
agency that oversees caretakers or enforces abuse or
neglect laws or rules,
b. the taking, transmission or display of an electronic
image of a vulnerable adult for the purpose of
treatment or diagnosis, or
c. the taking, transmission or display of an electronic
image of a vulnerable adult as part of an ongoing
investigation;
13. "Sexual abuse" means:
a. oral, anal, or vaginal penetration of a vulnerable
adult by or through the union with the sexual organ of
a caretaker or other pers on providing services to the
vulnerable adult, or the anal or vaginal penetration
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of a vulnerable adult by a caretaker or other person
providing services to the vulnerable adult with any
other object, or
b. for the purpose of sexual gratification, the touching,
feeling or observation of the body or private parts of
a vulnerable adult by a caretaker or other person
providing services to the vulnerable adult, or
c. indecent exposure by a caretaker or other person
providing services to the vulnerable adult;
14. "Indecent exposure" means forcing or requiring a vulnerable
adult to:
a. look upon the body or private parts of another person
or upon sexual acts performed in the presence of the
vulnerable adult, or
b. touch or feel the body or private parts of another;
15. "Self-neglect" means the action or inaction of a vulnerable
adult which causes that person to fail to meet the essential
requirements for physical or mental health and sa fety due to the
vulnerable adult's lack of awareness, incompetence or incapaci ty;
16. "Sexual exploitation" includes, but is not limited to, a
caretaker's causing, allowing, permitting or encouraging a
vulnerable adult to engage in prostitution or in the lewd, obscene,
or pornographic photographing, filming or depiction of the
vulnerable adult as those acts are defined by state law; and
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17. "Verbal abuse" means the use of words, sounds, or other
communication including, but not limited to, gestures, actio ns or
behaviors, by a caretaker or other person providing services to a
vulnerable adult that are likely to cause a reasonable person to
experience humiliation, intimidation, fear, shame , or degradation;
and
18. "Oklahoma's Protection and Advocacy System " means a
protection and advocacy system established in accordance with
Section 143 of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000.
B. Nothing in this section shall be construed to mean a
vulnerable adult is abused or neglected for the sole reason the
vulnerable adult, in good faith, selects and depends upon spiritual
means alone through prayer, in accordance with the practices of a
recognized religious method of healing, for the treatment or cure of
disease or remedial care, or a caretaker or other person
responsible, in good faith, is furnishing such vulnerable adult
spiritual means alone through prayer, in accordance with the tenets
and practices of a recognized church or religious denomination, for
the treatment or cure of di sease or remedial care in accordance with
the practices of or express consent of the vulnerable adult.
SECTION 2. AMENDATORY 43A O.S. 2021, Section 10 -104, is
amended to read as follows:
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Section 10-104. A. Any person having reas onable cause to
believe that a vulnerable adult is suffering from abuse, neglect, or
exploitation shall make a report as soon as the person is aware of
the situation to:
1. The Department of Human Services; or
2. The municipal police department or sherif f's office in the
county in which the suspected abuse, neglect, or exploitatio n
occurred.
B. Persons required to make reports pursuant to this section
shall include, but not be limited to:
1. Physicians;
2. Operators of emergency response vehicles and o ther medical
professionals;
3. Social workers and mental health professionals;
4. Law enforcement officials;
5. Staff of domestic violence programs;
6. Long-term care facility personnel, including staff of
nursing facilities, intermediate care faciliti es for individuals
with intellectual disabilities (ICFs/IID), assisted living
facilities, and residential care facilities;
7. Other health care professionals;
8. Persons entering into transactions with a caretaker or other
person who has assumed the role of financial management for a
vulnerable adult;
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9. Staff of residential care facilities, group homes, or
employment settings for individuals with intellectual disabilities;
10. Job coaches, community service workers, and personal care
assistants; and
11. Municipal employees.
C. 1. If the report is not made in writing in the fi rst
instance, as soon as possible after it is initially made by
telephone or otherwise, the report shall be reduced to writing by
the Department of Human Services, in accordance with rules
promulgated by the Director of Human Services, or the local
municipal police or sheriff 's department whichever entity received
the initial report. The report shall contain the following
information:
a. the name and address of the vulnerable adu lt,
b. the name and address of the caretaker, guardian, or
person having power of attorney over the vulnerable
adult's resources if any,
c. a description of the current location of the
vulnerable adult,
d. a description of the current condition of the
vulnerable adult, and
e. a description of the situation which may constitute
abuse, neglect, or exploitation of the vulnerable
adult.
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2. If federal law specifically prohibits the disclosure of any
of the information required by this subsection, that informati on may
be excluded from the report.
D. If the initial report is made to the l ocal municipal police
department or sheriff 's office, such police department or sheriff 's
office shall notify, as soon as possible, the Department of Human
Services of its invest igation.
E. The Department of Human Services shall forward a copy of all
initial reports to Oklahoma 's Protection and Advocacy System.
F. Any person who knowingly and willfully fails to promptly
report any abuse, neglect, or exploitation as required by t he
provisions of subsection A of this section, upon conviction, shall
be guilty of a misdemeanor punishable by imprisonment in the county
jail for a term not exceeding one (1) year or by a fine of not more
than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
F. G. 1. Any person participating in good faith and exercising
due care in the making of a report pursuant to the provisions of
this section shall have immunity from any civil or criminal
liability that might otherwise be incu rred or imposed. Any such
participant shall have the same immunity with respe ct to
participation in any judicial proceeding resulting from the report.
2. The same immunity from any civil or criminal liability shall
also be extended to previous employers of a person employed to be
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responsible for the care of a vulnerable adult, who in good faith
report to new employers or prospective employers of such caretaker
any misconduct of the caretaker including, but not limited to,
abuse, neglect or exploitation of a vulnerable adult, whether
confirmed or not.
G. H. Any person who willfully or recklessly makes a false
report shall be civilly liable for any actual damages suffered by
the person being reported and for any punitive damages set by the
court or jury which may be allowed in the discretion of the court or
jury.
H. I. 1. Every physician or other health care professional
making a report concerning the abuse, neglect or exploitation of a
vulnerable adult, as required by this section, or examining a
vulnerable adult to determine the likelihood of abuse, neglect or
exploitation, and ev ery hospital in which a vulnerable adult is
examined or treated for abuse, neglect or exploitation shall
disclose necessary health information related to the case and
provide, upon request by either the Department of Human Services or
the local municipal police or sheriff 's department receiving the
initial report, copies of the results or the records of the
examination on which the report was based, and any other clinical
notes, x-rays or photographs and other health information which is
related to the case if:
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a. the vulnerable adult agrees to the disclosure of the
health information, or
b. the individual is unable to agree to the disclosure of
health information because of incapa city;, and
(1) the requesting party represents that the health
information for which disclosure is sought is not
intended to be used against the vulnerable adult
in a criminal prosecution but to provide
protective services pursuant to the Protective
Services for Vulnerable Adults Act,
(2) the disclosure of the information is necessa ry to
conduct an investigation into the alleged abuse,
neglect or exploitation of the vulnerable adult
subject to the investigation, and
(3) immediate enforcement activity that d epends upon
the disclosure:
(a) is necessary to protect the health, safety
and welfare of the vulnerable adult because
of incapacity, or
(b) would be materially and adversely affected
by waiting until the vulnerable adult is
able to agree to the disclosure .
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2. If federal law specifically prohibits the disclosure of any
of the information required by this subsection, that information may
be excluded from the disclosed health information.
I. J. After investigating the report, either the county office
of the Department of Human Services or the municipal police
department or sheriff 's office, as appropriate, shall forward its
findings to the office of the district attorney in the county in
which the suspected abuse, neglect, or exploitation occurred.
Unsubstantiated findings shall be labeled as such before
transmission to the office of the district attorney. Findings of
self-neglect shall not be forwarded to the office of the district
attorney unless similar findings were reported within six (6) months
prior. The Department of Human Services shall forward all findings
to Oklahoma's Protection and Advocacy System.
J. K. Any state or county medical examiner or physician who has
reasonable cause to suspect that the death of any vulnerable adult
may be the result of abuse or neglect as defined by Section 10 -103
of this title shall make a report to the district attorney or other
law enforcement official of the county in which the death occurred
and Oklahoma's Protection and Advocacy System . The report shall
include the name of the person making the report, the name of the
deceased person, the facts or other evidence supporting such
suspicion, and any other health information that may be of
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assistance to the district attorney in conducting an investigation
into the matter.
K. L. No employer shall terminate the employment, prevent or
impair the practice or occupation of or impose any other sanction on
any employee solely for the reason that the employee made or caused
to be made a report or cooperated with an invest igation pursuant to
the Protective Services for Vulnerable Adults Act. A court, in
addition to other damages and remedies, may assess reasonable
attorney fees against an employer who has been found to have
violated the provisions of this subsection.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -1902, as
amended by Section 8, Chapter 339, O.S.L. 2024 (63 O.S. Supp. 2024,
Section 1-1902), is amended to read as follows:
Section 1-1902. As used in the Nursing Home Care Act:
1. "Abuse" means the willful infliction of injury, unreasonable
confinement, intimidation, or punishment, with resulting physical
harm, impairment, or mental anguish;
2. "Access" means the right of a person to enter a facility to
communicate privately and without unreasonable restriction when
invited to do so by a resident. A representati ve of the Office of
the State Long-Term Care Ombudsman and a case manager employed by
the Department of Mental Health and Substance Abuse Services or one
of its contract agencies shall have right of access to enter a
facility, communicate privately and without unreasonable restriction
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with any resident who consents to the communication, to seek consent
to communicate privately and without restriction with any resident,
and to observe all areas of the facility that directly pertain to
the patient care of the resident without infringing upon the privacy
of the other residents without first obtaining their consent;
3. "Administrator" means the person licensed by the State of
Oklahoma who is in charge of a facility. An administrator must
devote at least one-third (1/3) of such person 's working time to on -
the-job supervision of the facility; provided, that this requirement
shall not apply to an administrator of an intermediate care fac ility
for individuals with intellectual disabilities with sixteen or fewer
beds (ICF/IID-16), in which case the person licensed by the state
may be in charge of more than one such ICF/IID -16 facility, if such
facilities are located within a circle that has a radius of not more
than fifteen (15) miles, the total number of facilities and beds
does not exceed six facilities and sixty -four beds, and each such
ICF/IID-16 facility is supervised by a qualified professional. The
facilities may be free -standing in a community or may be on campus
with a parent institution. The ICF/IID -16 facility may be
independently owned and operated or may be part of a larger
institutional operation;
4. "Advisory Board" means the Long-Term Care Facility Advisory
Board;
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5. "Adult companion home" means any home or establishment,
funded and certified by the Department of Human Services, which
provides homelike residential accommodations and supportive
assistance to three or fewer adults with intellectual or
developmental disabiliti es;
6. "Board" means the State Board of Health;
7. "Commissioner" means the State Commissioner of Health;
8. "Department" means the State Department of Health;
9. "Facility" means a nursing facility and a specialized home;
provided, this term shall not include a residential care home or an
adult companion home;
10. "Nursing facility" means a home, an establishment, or an
institution, a distinct part of which is primarily engaged in
providing:
a. skilled nursing care and related services for
residents who require medical or nursing care,
b. rehabilitation services for the rehabil itation of
injured, disabled, or sick persons, or
c. on a regular basis, health -related care and services
to individuals who because of their mental or physical
condition require care and services beyond the level
of care provided by a residential care home and which
can be made available to them only through a nursing
facility.
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Nursing facility does not mean, for purposes of Section 1 -851.1 of
this title, a facility constructed o r operated by an entity
described in paragraph 7 of subsection B of Section 62 01 of Title 74
of the Oklahoma Statutes or the nursing care component of a
continuum of care facility, as such term is defined under the
Continuum of Care and Assisted Living Act , to the extent that the
facility constructed or operated by an entity described in paragraph
7 of subsection B of Section 6201 of Title 74 of the Oklahoma
Statutes contains such a nursing care component;
11. "Specialized facility " means any home, establi shment, or
institution which offers or provides inpatient long -term care
services on a twenty-four-hour basis to a limited category of
persons requiring such services, including , but not limited to, a
facility providing health or habilitation services for individuals
with intellectual or developmental disabilities, but does not mean,
for purposes of Section 1 -851.1 of this title, a facility
constructed or operated by an entity described in paragraph 7 of
subsection B of Section 6201 of Title 74 of the Oklah oma Statutes or
the nursing care component of a continuum of care facility, as such
term is defined under the Continuum of Care and Assisted Living Act,
to the extent that the facility constructed or operated by an entity
described in paragraph 7 of subsec tion B of Section 6201 of Title 74
of the Oklahoma Statutes contains such a nursing care component;
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12. "Residential care home " means any home, establishment, or
institution licensed pursuant to the provisions of the Residential
Care Act other than a hote l, motel, fraternity or sorority house, or
college or university dormitory, wh ich offers or provides
residential accommodations, food service, and supportive assistance
to any of its residents or houses any resident requiring supportive
assistance. The residents shall be persons who are ambulatory and
essentially capable of managing their own affairs, but who do not
routinely require nursing care; provided, the term residential care
home shall not mean a hotel, motel, fraternity or sorority house, or
college or university dormitory, if the facility operates in a
manner customary to its description and does not house any person
who requires supportive assistance from the facility in order to
meet an adequate level of daily living;
13. "Licensee" means the person, a corporation, partnership, or
association who is the owner of the facility which is licensed by
the Department pursuant to the provisions of the Nursing Home Care
Act;
14. "Maintenance" means meals, shelter, and laundry services;
15. "Neglect" means failure to provide goods and/or services
necessary to avoid physical harm, mental anguish, or mental illness;
16. "Oklahoma's Protection and Advocacy System " means a
protection and advocacy system established in accordance with
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Section 143 of the Deve lopmental Disabilities Assistance and Bill of
Rights Act of 2000;
17. "Owner" means a person, corporation, partnership,
association, or other entity which owns a facility or leases a
facility. The person or entity that stands to profit or lose as a
result of the financial success or failure of the operation shall be
presumed to be the owner of the facility. Notwithstanding the
foregoing, any nonstate governmental entity that has acquired and
owns or leases a facility and that has entered into an agreemen t
with the Oklahoma Health Care Authority to participate in the
nursing facility supplemental payment program (UPL Owner) shall be
deemed the owner of such facility and shall be authorized to obtain
management services from a management services provider ( UPL
Manager), and to delegate, allocate, and assign as between the UPL
Owner and UPL Manager, compensation, profits, losses, liabilities,
decision-making authority, and responsibilities, including
responsibility for the employment, direction, supervision, and
control of the facility 's administrator and staff;
17. 18. "Personal care" means assistance with meals, dressing,
movement, bathing or other personal needs or maintenance, or general
supervision of the physical and mental well -being of a person, who
is incapable of maintaining a private, independent residence, or who
is incapable of managing his or her person, whether or not a
guardian has been appointed for such person;
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18. 19. "Resident" means a person residing in a facility due to
illness, physical or mental infirmity, or advanced age;
19. 20. "Representative of a resident " means a court-appointed
guardian or, if there is no court -appointed guardian, the parent of
a minor, a relative, or other person, designated in writing by the
resident; provided, that any owner, operator, administrator, or
employee of a facility subject t o the provisions of the Nursing Home
Care Act, the Residential Care Act, or the Group Homes for Persons
with Developmental or Physical Disabilities Act shall not be
appointed guardian or limited guardian of a resident of the facility
unless the owner, operator, administrator, or employee is the spouse
of the resident, or a relative of the resident within the second
degree of consanguinity and is otherwise eligible for appointment;
and
20. 21. "Supportive assistance " means the service rendered to
any person which is less than the service provided by a nursing
facility but which is sufficient to enable the person to meet an
adequate level of daily living. Supportive assistance incl udes, but
is not limited to, housekeeping, assistance in the preparation of
meals, assistance in the safe storage, distribution, and
administration of medications, and assistance in personal care as is
necessary for the health and comfort of such person. Supportive
assistance shall not include medical service services.
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SECTION 4. AMENDATORY 63 O.S. 2021, Section 1 -1939, is
amended to read as follows:
Section 1-1939. A. The owner and licensee are liable to a
resident for any inte ntional or negligent act or omission of their
agents or employees which injures the resident. In addition, any
state employee that aids, abets, assists, or conspires with an owner
or licensee to perform an act that causes injury to a resident shall
be individually liable.
B. A resident may maintain an action under the Nursing Home
Care Act for any other type of relief, including injunctive and
declaratory relief, permitted by law.
C. Any damages recoverable under this section, including
minimum damages as provided by this section, may be recovered in any
action which a court may authorize to be brought as a class action.
The remedies provided in this section, are in addition to and
cumulative with any other legal remedies available to a resident.
Exhaustion of any available administrative remedies shall not be
required prior to com mencement of suit hereunder.
D. Any waiver by a resident or the legal representative of the
resident of the right to commence an action under this section,
whether oral or in wr iting, shall be null and void, and without
legal force or effect.
E. Any party to an action brought under this section shall be
entitled to a trial by jury and any waiver of the right to a trial
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by a jury, whether oral or in writing, prior to the commence ment of
an action, shall be null and void, and without legal force or
effect.
F. A licensee or its agents or employees shall not transfer,
discharge, evict, harass, dismiss , or retaliate against a resident,
a resident's guardian, or an employee or agent w ho makes a report,
brings, or testifies in, an action under this section, or files a
complaint because of a report, testimony , or complaint.
G. Any person, institution or agency, under the Nursing Home
Care Act, participating in good faith in the making o f a report, or
in the investigation of such a report shall not be deemed to ha ve
violated any privileged communication and shall have immunity from
any liability, civil or criminal, or any other proceedings, civil or
criminal, as a consequence of making su ch report. The good faith of
any persons required, or permitted to report cases of suspected
resident abuse or neglect under this act shall be presumed.
H. A facility employee or agent who becomes aware of abuse,
neglect, or exploitation of a resident pr ohibited by the Nursing
Home Care Act shall immediately report the matter to t he facility
administrator. A facility administrator who becomes aware of abuse,
neglect, or exploitation of a resident shall immediately act to
rectify the problem and shall mak e a report of the incident and its
correction to the Department.
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I. 1. The facility shall be responsible for reporting the
following serious incidents to the Department within twenty -four
(24) hours:
a. communicable diseases,
b. deaths by unusual occurre nce, including accidental
deaths or deaths other than by natural causes, and
deaths that may be attributed to a medical device,
c. missing residents. In addition, the facility shall
make a report to local law enforcement agencies within
two (2) hours if the resident is still missing,
d. situations arising where a rape or a criminal act is
suspected. Such situations shall also be reported to
local law enforcement immediately. The facility shall
make every effort to preserve the scene of the
suspected rape or crime until local law enforcement
has arrived, and
e. resident abuse, negl ect, and misappropriation of the
property of a resident.
2. All other incident reports shall be made in accordance with
federal law.
3. All initial written reports of incidents or situations shall
be mailed to the Department and Oklahoma's Protection and Advocacy
System within five (5) working days after the incident or situation.
The final report shall be filed with the Department and Oklahoma's
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Protection and Advocacy System when the full investigation is
complete.
SECTION 5. This act shall become effective November 1, 2025.
60-1-10177 TJ 01/16/25