Okla. Stat. tit. 10, § 10-1430.8: Liability for injury to resident - Actions - Remedies -

Waivers - Jury trial - Retaliation - Privileges and immunities -

Report of abuse, neglect or exploitation.

A. The provider is liable to a resident for any intentional or

negligent act or omission of their agents or employees which injures

the resident. Also, any state employee that aids, abets, assists,

or conspires with a provider to perform an act that causes injury to

a resident shall be individually liable.

B. A resident may maintain an action under this 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 commencement of suit hereunder.

D. Any waiver by a resident or the resident's guardian or

advocate 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. No provider or licensee, or agents or employees of a

provider or licensee shall transfer, discharge, evict, harass,

dismiss or retaliate against a resident, a guardian or advocate of a

resident, 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 this 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.

H. An employee or agent of a provider or licensee who becomes

aware of abuse, neglect or exploitation of a resident shall

immediately report the matter as required by Section 10-104 of Title

43A of the Oklahoma Statutes. A group home administrator who

becomes aware of abuse, neglect or exploitation of a resident shall

make a report as required by Section 10-104 of Title 43A of the

Oklahoma Statutes and take immediate action to ensure the health and

safety of the resident.