§ 10-104. Persons required to report abuse, neglect, or exploitation--Penalty--Immunity--Civil ...
Oklahoma Statutes AnnotatedTitle 43A. Mental HealthEffective: November 1, 2019
Effective: November 1, 2019
43A Okl.St.Ann. § 10-104
§ 10-104. Persons required to report abuse, neglect, or exploitation--Penalty--Immunity--Civil liability for false reports--Disclosure of health information--Reporting of suspicious deaths--Impairment of employment prohibited
<Text as amended by Laws 2019, c. 475, § 31, Laws 2016, c. 318, § 1, Laws 2010, c. 417, § 3, Laws 2007, c. 68, § 3, and Laws 2003, c. 399, § 1. See, also, text as amended by Laws 2003, c. 332, § 3.>
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 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:
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 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 any misconduct of the caretaker including, but not limited to, abuse, neglect or exploitation of a vulnerable adult, whether confirmed or not.
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 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:
I. 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.
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.
Credits
Laws 1977, c. 264, § 4, emerg. eff. June 17, 1977; Laws 1984, c. 140, § 1, eff. Nov. 1, 1984; Laws 1984, c. 256, § 4, eff. Nov. 1, 1984. Renumbered from Title 43A, § 804 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Laws 1993, c. 159, § 1, eff. July 1, 1993; Laws 1997, c. 195, § 7, eff. Nov. 1, 1997; Laws 1998, c. 298, § 4, eff. Nov. 1, 1998; Laws 2000, c. 340, § 24, eff. July 1, 2000; Laws 2003, c. 399, § 1, emerg. eff. June 5, 2003; Laws 2007, c. 68, § 3, eff. Nov. 1, 2007; Laws 2010, c. 417, § 3, eff. Nov. 1, 2010; Laws 2016, c. 318, § 1, eff. Nov. 1, 2016; Laws 2019, c. 475, § 31, eff. Nov. 1, 2019.
43A Okl. St. Ann. § 10-104, OK ST T. 43A § 10-104
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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