Okla. Stat. tit. 63, § 63-1-1939

relief - Damages - Waiver of rights - Jury trial - Retaliation

against residents - Immunity - Report of abuse or neglect and other

serious incidents.

A. The owner and licensee are liable to a resident for any

intentional 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.

Oklahoma Statutes - Title 63. Public Health and Safety Page 729

Exhaustion of any available administrative remedies shall not be

required prior to commencement 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 writing, 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

by a jury, whether oral or in writing, prior to the commencement 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 who 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 of a report, or

in the investigation of such a report shall not be deemed to have

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 such 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 prohibited by the Nursing Home

Care Act shall immediately report the matter to the 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 make a report of the incident and its

correction to the Department.

I. 1. The facility shall be responsible for reporting the

following serious incidents to the Department within twenty-four
diately report the matter to the 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 make a report of the incident and its

correction to the Department.

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 occurrence, 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

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e. resident abuse, neglect 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 within five (5) working days after the

incident or situation. The final report shall be filed with the

Department when the full investigation is complete.