Okla. Stat. tit. 43A, § 43A-10-104v1

report – Penalty – Immunity – False reports – Reporting of

suspicious deaths – Impairment of employment prohibited.

A. 1. Any person having reasonable cause to believe that a

vulnerable adult is suffering from abuse, neglect, or exploitation

shall make a report to either the Department of Human Services, the

office of the district attorney in the county in which the suspected

abuse, neglect, or exploitation occurred or the local municipal

police department or sheriff's department as soon as the person is

aware of the situation.

2. a. If a report is made to the Department of Human

Services, the county office, after investigating the

report, shall forward its findings to the office of

the district attorney in the county in which the

suspected abuse, neglect, or exploitation occurred.

b. The findings shall also be sent to any state agency

with concurrent jurisdiction over persons or issues

identified in the investigation, including, where

appropriate, the State Department of Health, the

Oklahoma Board of Nursing, or any other appropriate

state licensure or certification board, agency, or

registry.

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 other medical

professionals;

3. Social workers and mental health professionals;

4. Law enforcement officials;

5. Staff of domestic violence programs; and

6. Long-term care facility personnel.

Oklahoma Statutes - Title 43A. Mental Health Page 205

C. The report shall contain the name and address of the

vulnerable adult, the name and address of the caretaker, if any, and

a description of the current location and current condition of the

vulnerable adult and of the situation which may constitute abuse,

neglect or exploitation of the vulnerable adult.

D. Any person who knowingly and willfully fails to promptly

report any abuse, neglect, or exploitation as required by the

provisions of subsections A and B 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.

E. 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 incurred or imposed. Any such

participant shall have the same immunity with respect to

participation in any judicial proceeding resulting from such report.

2. The same immunity from any civil or criminal liability shall

also be extended to previous employers of a person employed to be

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.

F. 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.

G. 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 of the

county in which the death occurred. 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 information that may be of assistance to the district

attorney in conducting an investigation into the matter.

H. No employer shall terminate the employment, prevent or
rict attorney of the

county in which the death occurred. 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 information that may be of assistance to the district

attorney in conducting an investigation into the matter.

H. 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 investigation 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.

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