{"data":{"id":"us-ok/okla.-stat.-tit.-51-51-152","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 51, § 51-152","heading":"Definitions","body":"As used in The Governmental Tort Claims Act:\n\n1. “Action” means a proceeding in a court of competent\n\njurisdiction by which one party brings a suit against another;\n\n2. “Agency” means any board, commission, committee, department\n\nor other instrumentality or entity designated to act in behalf of\n\nthe state or a political subdivision;\n\n3. “Charitable health care provider” means a person who is\n\nlicensed, certified, or otherwise authorized by the laws of this\n\nstate to administer health care in the ordinary course of business\n\nor the practice of a profession and who provides care to a medically\n\nindigent person, as defined in paragraph 9 of this section, with no\n\nexpectation of or acceptance of compensation of any kind;\n\n4. “Claim” means any written demand presented by a claimant or\n\nthe claimant’s authorized representative in accordance with The\n\nGovernmental Tort Claims Act to recover money from the state or\n\npolitical subdivision as compensation for an act or omission of a\n\npolitical subdivision or the state or an employee;\n\n5. “Claimant” means the person or the person’s authorized\n\nrepresentative who files notice of a claim in accordance with The\n\nGovernmental Tort Claims Act. Only the following persons and no\n\nothers may be claimants:\n\na. any person holding an interest in real or personal\n\nproperty which suffers a loss, provided that the claim\n\nof the person shall be aggregated with claims of all\n\nother persons holding an interest in the property and\n\nthe claims of all other persons which are derivative\n\nof the loss, and that multiple claimants shall be\n\nconsidered a single claimant,\n\nb. the individual actually involved in the accident or\n\noccurrence who suffers a loss, provided that the\n\nindividual shall aggregate in the claim the losses of\n\nall other persons which are derivative of the loss, or\n\nc. in the case of death, an administrator, special\n\nadministrator or a personal representative who shall\n\naggregate in the claim all losses of all persons which\n\nare derivative of the death;\n\n6. “Community health care provider” means:\n\na. a health care provider who volunteers services at a\n\ncommunity health center that has been deemed by the\n\nU.S. Department of Health and Human Services as a\n\nfederally qualified health center as defined by 42\n\nU.S.C., Section 1396d(l)(2)(B),\n\nb. a health provider who provides services to an\n\norganization that has been deemed a federally\n\nqualified look-alike community health center, and\n\nc. a health care provider who provides services to a\n\ncommunity health center that has made application to\n\nthe U.S. Department of Health and Human Services for\n\napproval and deeming as a federally qualified look-\n\nalike community health center in compliance with\n\nfederal application guidance, and has received\n\ncomments from the U.S. Department of Health and Human\n\nServices as to the status of such application with the\n\nestablished intent of resubmitting a modified\n\napplication, or, if denied, a new application, no\n\nlater than six (6) months from the date of the\n\nofficial notification from the U.S. Department of\n\nHealth and Human Services requiring resubmission of a\n\nnew application;\n\n7. “Employee” means any person who is authorized to act in\n\nbehalf of a political subdivision or the state whether that person\n\nis acting on a permanent or temporary basis, with or without being\n\ncompensated or on a full-time or part-time basis.\n\na. Employee also includes:\n\n(1) all elected or appointed officers, members of\n\ngoverning bodies and other persons designated to\n\nact for an agency or political subdivision, but\n\nthe term does not mean a person or other legal\n\nentity while acting in the capacity of an\n\nindependent contractor or an employee of an\n\nindependent contractor,\nhout being\n\ncompensated or on a full-time or part-time basis.\n\na. Employee also includes:\n\n(1) all elected or appointed officers, members of\n\ngoverning bodies and other persons designated to\n\nact for an agency or political subdivision, but\n\nthe term does not mean a person or other legal\n\nentity while acting in the capacity of an\n\nindependent contractor or an employee of an\n\nindependent contractor,\n\n(2) from September 1, 1991, through June 30, 1996,\n\nlicensed physicians, licensed osteopathic\n\nphysicians and Certified Nurse-Midwives providing\n\nprenatal, delivery or infant care services to\n\nState Department of Health clients pursuant to a\n\ncontract entered into with the State Department\n\nof Health in accordance with paragraph 3 of\n\nsubsection C of Section 1-106 of Title 63 of the\n\nOklahoma Statutes but only insofar as services\n\nauthorized by and in conformity with the terms of\n\nthe contract and the requirements of Section 1-\n\n233 of Title 63 of the Oklahoma Statutes, and\n\n(3) any volunteer, full-time or part-time firefighter\n\nwhen performing duties for a fire department\n\nprovided for in subparagraph j of paragraph 12 of\n\nthis section.\n\nb. For the purposes of The Governmental Tort Claims Act,\n\nthe following are employees of this state, regardless\n\nof the place in this state where duties as employees\n\nare performed:\n\n(1) physicians acting in an administrative capacity,\n\n(2) resident physicians and resident interns\n\nparticipating in a graduate medical education\n\nprogram of the University of Oklahoma Health\n\nSciences Center, the Oklahoma State University\n\nCollege of Osteopathic Medicine, a public trust\n\ncreated pursuant to Section 3224 of Title 63 of\n\nthe Oklahoma Statutes and any sole member not-\n\nfor-profit corporation of the public trust and\n\nany sole member not-for-profit subsidiary of such\n\ncorporation, or the Department of Mental Health\n\nand Substance Abuse Services,\n\n(3) faculty members and staff of the University of\n\nOklahoma Health Sciences Center, the Oklahoma\n\nState University College of Osteopathic Medicine,\n\nor a public trust created pursuant to Section\n\n3224 of Title 63 of the Oklahoma Statutes and any\n\nsole member not-for-profit corporation of the\n\npublic trust and any sole member not-for-profit\n\nsubsidiary of such corporation, while engaged in\n\nteaching duties,\n\n(4) physicians who practice medicine or act in an\n\nadministrative capacity as an employee of an\n\nagency of this state,\n\n(5) physicians who provide medical care to inmates\n\npursuant to a contract with the Department of\n\nCorrections,\n\n(6) any person who is licensed to practice medicine\n\npursuant to Title 59 of the Oklahoma Statutes,\n\nwho is under an administrative professional\n\nservices contract with the Oklahoma Health Care\n\nAuthority under the auspices of the Oklahoma\n\nHealth Care Authority Chief Medical Officer, and\n\nwho is limited to performing administrative\n\nduties such as professional guidance for medical\n\nreviews, reimbursement rates, service\n\nutilization, health care delivery and benefit\n\ndesign for the Oklahoma Health Care Authority,\n\nonly while acting within the scope of such\n\ncontract,\n\n(7) licensed medical professionals under contract\n\nwith city, county, or state entities who provide\n\nmedical care to inmates or detainees in the\n\ncustody or control of law enforcement agencies,\n\n(8) licensed mental health professionals as defined\n\nin Sections 1-103 and 5-502 of Title 43A of the\n\nOklahoma Statutes, who are conducting initial\n\nexaminations of individuals for the purpose of\n\ndetermining whether an individual meets the\n\ncriteria for emergency detention as part of a\n\ncontract with the Department of Mental Health and\n\nSubstance Abuse Services, and\nof law enforcement agencies,\n\n(8) licensed mental health professionals as defined\n\nin Sections 1-103 and 5-502 of Title 43A of the\n\nOklahoma Statutes, who are conducting initial\n\nexaminations of individuals for the purpose of\n\ndetermining whether an individual meets the\n\ncriteria for emergency detention as part of a\n\ncontract with the Department of Mental Health and\n\nSubstance Abuse Services, and\n\n(9) licensed mental health professionals as defined\n\nin Sections 1-103 and 5-502 of Title 43A of the\n\nOklahoma Statutes, who are providing mental\n\nhealth or substance abuse treatment services\n\nunder a professional services contract with the\n\nDepartment of Mental Health and Substance Abuse\n\nServices and are providing such treatment\n\nservices at a state-operated facility.\n\nPhysician faculty members and physician staff of the\n\nUniversity of Oklahoma Health Sciences Center, the\n\nOklahoma State University College of Osteopathic\n\nMedicine, or a public trust created pursuant to\n\nSection 3224 of Title 63 of the Oklahoma Statutes and\n\nany sole member not-for-profit corporation of the\n\npublic trust and any sole member not-for-profit\n\nsubsidiary of such corporation not acting in an\n\nadministrative capacity or engaged in teaching duties\n\nare not employees or agents of the state.\n\nc. For the purposes of The Governmental Tort Claims Act,\n\nemployee shall include independent contractors and\n\nemployees of independent contractors while actively\n\nengaged in the transport of individuals in need of\n\ninitial assessment, emergency detention, or protective\n\ncustody as authorized by Section 1-110 of Title 43A of\n\nthe Oklahoma Statutes.\n\nd. Except as provided in subparagraph b of this\n\nparagraph, in no event shall the state be held liable\n\nfor the tortious conduct of any physician, resident\n\nphysician or intern while practicing medicine or\n\nproviding medical treatment to patients.\n\ne. For purposes of The Governmental Tort Claims Act,\n\nmembers of the state military forces on state active\n\nduty orders or on Title 32 active duty orders are\n\nemployees of this state, regardless of the place,\n\nwithin or outside this state, where their duties as\n\nemployees are performed;\n\n8. “Loss” means death or injury to the body or rights of a\n\nperson or damage to real or personal property or rights therein;\n\n9. “Medically indigent” means a person requiring medically\n\nnecessary hospital or other health care services for the person or\n\nthe dependents of the person who has no public or private third-\n\nparty coverage, and whose personal resources are insufficient to\n\nprovide for needed health care;\n\n10. “Municipality” means any incorporated city or town, and all\n\ninstitutions, agencies or instrumentalities of a municipality;\n\n11. “Occurrence” means a loss arising out of an accident or\n\nevent or a continuous or repeated exposure to substantially the same\n\ngeneral harmful conditions. All losses arising out of an accident\n\nor event or a continuous or repeated exposure to substantially the\n\nsame general harmful conditions shall be deemed to have arisen out\n\nof one occurrence;\n\n12. “Political subdivision” means:\n\na. a municipality,\n\nb. a school district, including, but not limited to, a\n\ntechnology center school district established pursuant\n\nto Section 4410, 4411, 4420 or 4420.1 of Title 70 of\n\nthe Oklahoma Statutes, or a public library as defined\n\npursuant to Section 1-104 of Title 65 of the Oklahoma\n\nStatutes,\n\nc. a county,\n\nd. a public trust where the sole beneficiary or\n\nbeneficiaries are a city, town, school district or\n\ncounty. For purposes of The Governmental Tort Claims\n\nAct, a public trust shall include:\n0 or 4420.1 of Title 70 of\n\nthe Oklahoma Statutes, or a public library as defined\n\npursuant to Section 1-104 of Title 65 of the Oklahoma\n\nStatutes,\n\nc. a county,\n\nd. a public trust where the sole beneficiary or\n\nbeneficiaries are a city, town, school district or\n\ncounty. For purposes of The Governmental Tort Claims\n\nAct, a public trust shall include:\n\n(1) a municipal hospital created pursuant to Sections\n\n30-101 through 30-109 of Title 11 of the Oklahoma\n\nStatutes, a county hospital created pursuant to\n\nSections 781 through 796 of Title 19 of the\n\nOklahoma Statutes, or is created pursuant to a\n\njoint agreement between such governing\n\nauthorities, that is operated for the public\n\nbenefit by a public trust created pursuant to\n\nSections 176 through 180.4 of Title 60 of the\n\nOklahoma Statutes and managed by a governing\n\nboard appointed or elected by the municipality,\n\ncounty, or both, who exercises control of the\n\nhospital, subject to the approval of the\n\ngoverning body of the municipality, county, or\n\nboth,\n\n(2) a public trust created pursuant to Sections 176\n\nthrough 180.4 of Title 60 of the Oklahoma\n\nStatutes after January 1, 2009, the primary\n\npurpose of which is to own, manage, or operate a\n\npublic acute care hospital in this state that\n\nserves as a teaching hospital for a medical\n\nresidency program provided by a college of\n\nosteopathic medicine and provides care to\n\nindigent persons, and\n\n(3) a corporation in which all of the capital stock\n\nis owned, or a limited liability company in which\n\nall of the member interest is owned, by a public\n\ntrust,\n\ne. for the purposes of The Governmental Tort Claims Act\n\nonly, a housing authority created pursuant to the\n\nprovisions of the Oklahoma Housing Authorities Act,\n\nf. for the purposes of The Governmental Tort Claims Act\n\nonly, corporations organized not for profit pursuant\n\nto the provisions of the Oklahoma General Corporation\n\nAct for the primary purpose of developing and\n\nproviding rural water supply and sewage disposal\n\nfacilities to serve rural residents,\n\ng. for the purposes of The Governmental Tort Claims Act\n\nonly, districts formed pursuant to the Rural Water,\n\nSewer, Gas and Solid Waste Management Districts Act,\n\nh. for the purposes of The Governmental Tort Claims Act\n\nonly, master conservancy districts formed pursuant to\n\nthe Conservancy Act of Oklahoma,\n\ni. for the purposes of The Governmental Tort Claims Act\n\nonly, a fire protection district created pursuant to\n\nthe provisions of Section 901.1 et seq. of Title 19 of\n\nthe Oklahoma Statutes,\n\nj. for the purposes of The Governmental Tort Claims Act\n\nonly, a benevolent or charitable corporate volunteer\n\nor full-time fire department for an unincorporated\n\narea created pursuant to the provisions of Section 592\n\net seq. of Title 18 of the Oklahoma Statutes,\n\nk. for purposes of The Governmental Tort Claims Act only,\n\nan emergency services provider rendering services\n\npursuant to an existing contract between the emergency\n\nservices provider and the State Department of Health.\n\nProvided, however, that the acquisition of commercial\n\nliability insurance covering the activities of such\n\nemergency services provider performed within this\n\nstate shall not operate as a waiver of any of the\n\nlimitations, immunities or defenses provided for\n\npolitical subdivisions pursuant to the terms of The\n\nGovernmental Tort Claims Act,\n\nl. for purposes of The Governmental Tort Claims Act only,\n\na conservation district created pursuant to the\n\nprovisions of the Conservation District Act,\n\nm. for purposes of The Governmental Tort Claims Act,\n\ndistricts formed pursuant to the Oklahoma Irrigation\n\nDistrict Act,\n\nn. for purposes of The Governmental Tort Claims Act only,\n\nany community action agency established pursuant to\n\nSections 5035 through 5040.1 of Title 74 of the\n\nOklahoma Statutes,\n\no. for purposes of The Governmental Tort Claims Act only,\nons of the Conservation District Act,\n\nm. for purposes of The Governmental Tort Claims Act,\n\ndistricts formed pursuant to the Oklahoma Irrigation\n\nDistrict Act,\n\nn. for purposes of The Governmental Tort Claims Act only,\n\nany community action agency established pursuant to\n\nSections 5035 through 5040.1 of Title 74 of the\n\nOklahoma Statutes,\n\no. for purposes of The Governmental Tort Claims Act only,\n\nany organization that is designated as a youth\n\nservices agency, pursuant to Section 2-7-306 of Title\n\n10A of the Oklahoma Statutes,\n\np. for purposes of The Governmental Tort Claims Act only,\n\nany judge presiding over a drug court, as defined by\n\nSection 471.1 of Title 22 of the Oklahoma Statutes,\n\nq. for purposes of The Governmental Tort Claims Act only,\n\nany child-placing agency licensed by this state to\n\nplace children in foster family homes,\n\nr. for purposes of The Governmental Tort Claims Act only,\n\na circuit engineering district created pursuant to\n\nSection 687.1 of Title 69 of the Oklahoma Statutes,\n\ns. for purposes of The Governmental Tort Claims Act only,\n\na substate planning district, regional council of\n\ngovernment or other entity created pursuant to Section\n\n1001 et seq. of Title 74 of the Oklahoma Statutes, and\n\nt. for purposes of The Governmental Tort Claims Act only,\n\na regional transportation authority created pursuant\n\nto Section 1370.7 of Title 68 of the Oklahoma Statutes\n\nincluding its contract operator and any railroad\n\noperating in interstate commerce that sells a property\n\ninterest or provides services to a regional\n\ntransportation authority or allows the authority to\n\nuse the property or tracks of the railroad for the\n\nprovision of public passenger rail service to the\n\nextent claims against the contract operator or\n\nrailroad arise out of or are related to or in\n\nconnection with such property interest, services or\n\noperation of the public passenger rail service.\n\nProvided, the acquisition of commercial liability\n\ninsurance to cover the activities of the regional\n\ntransportation authority, contract operator or\n\nrailroad shall not operate as a waiver of any\n\nliabilities, immunities or defenses provided pursuant\n\nto the provisions of The Governmental Tort Claims Act,\n\nand all their institutions, instrumentalities or agencies;\n\n13. “Scope of employment” means performance by an employee\n\nacting in good faith within the duties of the employee’s office or\n\nemployment or of tasks lawfully assigned by a competent authority\n\nincluding the operation or use of an agency vehicle or equipment\n\nwith actual or implied consent of the supervisor of the employee,\n\nbut shall not include corruption or fraud;\n\n14. “State” means the State of Oklahoma or any office,\n\ndepartment, agency, authority, commission, board, institution,\n\nhospital, college, university, public trust created pursuant to\n\nTitle 60 of the Oklahoma Statutes of which the State of Oklahoma is\n\nthe beneficiary, or other instrumentality thereof;\n\n15. “State active duty” shall be defined in accordance with\n\nSection 801 of Title 44 of the Oklahoma Statutes;\n\n16. “State military forces” shall be defined in accordance with\n\nSection 801 of Title 44 of the Oklahoma Statutes;\n\n17. “Title 32 active duty” shall be defined in accordance with\n\nSection 801 of Title 44 of the Oklahoma Statutes; and\n\n18. “Tort” means a legal wrong, independent of contract,\n\ninvolving violation of a duty imposed by general law, statute, the\n\nOklahoma Constitution, or otherwise, resulting in a loss to any\n\nperson, association or corporation as the proximate result of an act\n\nor omission of a political subdivision or the state or an employee\n\nacting within the scope of employment; provided, however, a tort\n\nshall not include a claim for inverse condemnation.","path":["OK Code","Title 51"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os51.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f99ea735c4e29c8938b3dca364070019fdcefcc27ad1b5260ed3ab6b8dc0f79d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-51-51-151","next":"us-ok/okla.-stat.-tit.-51-51-152.1"},"notice":"GroundRules: Original legal text. Not legal advice."}