Okla. Stat. tit. 43A, § 43A-10-104v2

exploitation - Penalty - Immunity - Civil liability for false

reports - Disclosure of health information - Reporting of suspicious

deaths - Impairment of employment prohibited.

A. Any person having reasonable 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;

2. The Office of Client Advocacy within the State Department of

Health; or

3. The municipal police department or sheriff’s office in the

county in which the suspected abuse, neglect, or exploitation

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 other 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 facilities 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;

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 first

instance, as soon as possible after it is initially made by

telephone or otherwise, the report shall be reduced to writing by

Oklahoma Statutes - Title 43A. Mental Health Page 207

the Department of Human Services in accordance with rules

promulgated by the Director of Human Services, by the Office of

Client Advocacy in accordance with rules promulgated by the State

Commissioner of Health, or by 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 adult,

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.

2. If federal law specifically prohibits the disclosure of any

of the information required by this subsection, that information may

be excluded from the report.

D. 1. If the initial report is made to the local 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 and the Office of Client Advocacy of its

investigation.

2. If, at any point after the initial report, the Department of

Human Services or the Office of Client Advocacy discovers that it is

not the appropriate state entity for the investigation as defined in

Section 10-103 of this title, it shall refer the matter to and share

the initial report with the appropriate state entity.

E. Any person who knowingly and willfully fails to promptly

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

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. 1. Any person participating in good faith and exercising

due care in the making of a report pursuant to the provisions of
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. 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 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

responsible for the care of a vulnerable adult, who in good faith

report to new employers or prospective employers of such caretaker

Oklahoma Statutes - Title 43A. Mental Health Page 208

any misconduct of the caretaker including, but not limited to,

abuse, neglect or exploitation of a vulnerable adult, whether

confirmed or not.

G. 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. 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 every 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,

the Office of Client Advocacy, 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:

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 incapacity, 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 necessary 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 depends upon

the disclosure:

(a) is necessary to protect the health, safety

and welfare of the vulnerable adult because

of incapacity, or
s for Vulnerable Adults Act,

(2) the disclosure of the information is necessary 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 depends 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.

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. After investigating the report, either the county office of

the appropriate state entity or the municipal police department or

Oklahoma Statutes - Title 43A. Mental Health Page 209

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.

J. 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.

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 assistance to the district attorney in conducting an

investigation into the matter.

K. 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.