{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-10-104v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-10-104v2","heading":"Persons required to report abuse, neglect, or","body":"exploitation - Penalty - Immunity - Civil liability for false\n\nreports - Disclosure of health information - Reporting of suspicious\n\ndeaths - Impairment of employment prohibited.\n\nA. Any person having reasonable cause to believe that a\n\nvulnerable adult is suffering from abuse, neglect, or exploitation\n\nshall make a report as soon as the person is aware of the situation\n\nto:\n\n1. The Department of Human Services;\n\n2. The Office of Client Advocacy within the State Department of\n\nHealth; or\n\n3. The municipal police department or sheriff’s office in the\n\ncounty in which the suspected abuse, neglect, or exploitation\n\noccurred.\n\nB. Persons required to make reports pursuant to this section\n\nshall include, but not be limited to:\n\n1. Physicians;\n\n2. Operators of emergency response vehicles and other medical\n\nprofessionals;\n\n3. Social workers and mental health professionals;\n\n4. Law enforcement officials;\n\n5. Staff of domestic violence programs;\n\n6. Long-term care facility personnel, including staff of\n\nnursing facilities, intermediate care facilities for individuals\n\nwith intellectual disabilities (ICFs/IID), assisted living\n\nfacilities, and residential care facilities;\n\n7. Other health care professionals;\n\n8. Persons entering into transactions with a caretaker or other\n\nperson who has assumed the role of financial management for a\n\nvulnerable adult;\n\n9. Staff of residential care facilities, group homes, or\n\nemployment settings for individuals with intellectual disabilities;\n\n10. Job coaches, community service workers, and personal care\n\nassistants; and\n\n11. Municipal employees.\n\nC. 1. If the report is not made in writing in the first\n\ninstance, as soon as possible after it is initially made by\n\ntelephone or otherwise, the report shall be reduced to writing by\n\nthe Department of Human Services in accordance with rules\n\npromulgated by the Director of Human Services, by the Office of\n\nClient Advocacy in accordance with rules promulgated by the State\n\nCommissioner of Health, or by the local municipal police or\n\nsheriff’s department, whichever entity received the initial report.\n\nThe report shall contain the following information:\n\na. the name and address of the vulnerable adult,\n\nb. the name and address of the caretaker, guardian, or\n\nperson having power of attorney over the vulnerable\n\nadult’s resources if any,\n\nc. a description of the current location of the\n\nvulnerable adult,\n\nd. a description of the current condition of the\n\nvulnerable adult, and\n\ne. a description of the situation which may constitute\n\nabuse, neglect or exploitation of the vulnerable\n\nadult.\n\n2. If federal law specifically prohibits the disclosure of any\n\nof the information required by this subsection, that information may\n\nbe excluded from the report.\n\nD. 1. If the initial report is made to the local municipal\n\npolice department or sheriff’s office, such police department or\n\nsheriff’s office shall notify, as soon as possible, the Department\n\nof Human Services and the Office of Client Advocacy of its\n\ninvestigation.\n\n2. If, at any point after the initial report, the Department of\n\nHuman Services or the Office of Client Advocacy discovers that it is\n\nnot the appropriate state entity for the investigation as defined in\n\nSection 10-103 of this title, it shall refer the matter to and share\n\nthe initial report with the appropriate state entity.\n\nE. Any person who knowingly and willfully fails to promptly\n\nreport any abuse, neglect, or exploitation as required by the\n\nprovisions of subsection A of this section, upon conviction, shall\n\nbe guilty of a misdemeanor punishable by imprisonment in the county\n\njail for a term not exceeding one (1) year or by a fine of not more\n\nthan One Thousand Dollars ($1,000.00), or by both such fine and\n\nimprisonment.\n\nF. 1. Any person participating in good faith and exercising\n\ndue care in the making of a report pursuant to the provisions of\nof subsection A of this section, upon conviction, shall\n\nbe guilty of a misdemeanor punishable by imprisonment in the county\n\njail for a term not exceeding one (1) year or by a fine of not more\n\nthan One Thousand Dollars ($1,000.00), or by both such fine and\n\nimprisonment.\n\nF. 1. Any person participating in good faith and exercising\n\ndue care in the making of a report pursuant to the provisions of\n\nthis section shall have immunity from any civil or criminal\n\nliability that might otherwise be incurred or imposed. Any such\n\nparticipant shall have the same immunity with respect to\n\nparticipation in any judicial proceeding resulting from the report.\n\n2. The same immunity from any civil or criminal liability shall\n\nalso be extended to previous employers of a person employed to be\n\nresponsible for the care of a vulnerable adult, who in good faith\n\nreport to new employers or prospective employers of such caretaker\n\nany misconduct of the caretaker including, but not limited to,\n\nabuse, neglect or exploitation of a vulnerable adult, whether\n\nconfirmed or not.\n\nG. Any person who willfully or recklessly makes a false report\n\nshall be civilly liable for any actual damages suffered by the\n\nperson being reported and for any punitive damages set by the court\n\nor jury which may be allowed in the discretion of the court or jury.\n\nH. 1. Every physician or other health care professional making\n\na report concerning the abuse, neglect or exploitation of a\n\nvulnerable adult, as required by this section, or examining a\n\nvulnerable adult to determine the likelihood of abuse, neglect or\n\nexploitation, and every hospital in which a vulnerable adult is\n\nexamined or treated for abuse, neglect or exploitation shall\n\ndisclose necessary health information related to the case and\n\nprovide, upon request by either the Department of Human Services,\n\nthe Office of Client Advocacy, or the local municipal police or\n\nsheriff’s department receiving the initial report, copies of the\n\nresults or the records of the examination on which the report was\n\nbased, and any other clinical notes, x-rays or photographs and other\n\nhealth information which is related to the case if:\n\na. the vulnerable adult agrees to the disclosure of the\n\nhealth information, or\n\nb. the individual is unable to agree to the disclosure of\n\nhealth information because of incapacity, and\n\n(1) the requesting party represents that the health\n\ninformation for which disclosure is sought is not\n\nintended to be used against the vulnerable adult\n\nin a criminal prosecution but to provide\n\nprotective services pursuant to the Protective\n\nServices for Vulnerable Adults Act,\n\n(2) the disclosure of the information is necessary to\n\nconduct an investigation into the alleged abuse,\n\nneglect or exploitation of the vulnerable adult\n\nsubject to the investigation, and\n\n(3) immediate enforcement activity that depends upon\n\nthe disclosure:\n\n(a) is necessary to protect the health, safety\n\nand welfare of the vulnerable adult because\n\nof incapacity, or\ns for Vulnerable Adults Act,\n\n(2) the disclosure of the information is necessary to\n\nconduct an investigation into the alleged abuse,\n\nneglect or exploitation of the vulnerable adult\n\nsubject to the investigation, and\n\n(3) immediate enforcement activity that depends upon\n\nthe disclosure:\n\n(a) is necessary to protect the health, safety\n\nand welfare of the vulnerable adult because\n\nof incapacity, or\n\n(b) would be materially and adversely affected\n\nby waiting until the vulnerable adult is\n\nable to agree to the disclosure.\n\n2. If federal law specifically prohibits the disclosure of any\n\nof the information required by this subsection, that information may\n\nbe excluded from the disclosed health information.\n\nI. After investigating the report, either the county office of\n\nthe appropriate state entity or the municipal police department or\n\nsheriff’s office, as appropriate, shall forward its findings to the\n\noffice of the district attorney in the county in which the suspected\n\nabuse, neglect, or exploitation occurred. Unsubstantiated findings\n\nshall be labeled as such before transmission to the office of the\n\ndistrict attorney. Findings of self-neglect shall not be forwarded\n\nto the office of the district attorney unless similar findings were\n\nreported within six (6) months prior.\n\nJ. Any state or county medical examiner or physician who has\n\nreasonable cause to suspect that the death of any vulnerable adult\n\nmay be the result of abuse or neglect as defined by Section 10-103\n\nof this title shall make a report to the district attorney or other\n\nlaw enforcement official of the county in which the death occurred.\n\nThe report shall include the name of the person making the report,\n\nthe name of the deceased person, the facts or other evidence\n\nsupporting such suspicion, and any other health information that may\n\nbe of assistance to the district attorney in conducting an\n\ninvestigation into the matter.\n\nK. No employer shall terminate the employment, prevent or\n\nimpair the practice or occupation of or impose any other sanction on\n\nany employee solely for the reason that the employee made or caused\n\nto be made a report or cooperated with an investigation pursuant to\n\nthe Protective Services for Vulnerable Adults Act. A court, in\n\naddition to other damages and remedies, may assess reasonable\n\nattorney fees against an employer who has been found to have\n\nviolated the provisions of this subsection.","path":["OK Code","Title 43A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"09d1dc9560bd7e15760d2a3c8fd8f34317877bd8c02483e8daa1c38edf09cb9a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-10-104v1","next":"us-ok/okla.-stat.-tit.-43a-43a-10-105"},"notice":"GroundRules: Original legal text. Not legal advice."}