{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1939","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1939","heading":"Liability to residents - Injunctive and declaratory","body":"relief - Damages - Waiver of rights - Jury trial - Retaliation\n\nagainst residents - Immunity - Report of abuse or neglect and other\n\nserious incidents.\n\nA. The owner and licensee are liable to a resident for any\n\nintentional or negligent act or omission of their agents or\n\nemployees which injures the resident. In addition, any state\n\nemployee that aids, abets, assists, or conspires with an owner or\n\nlicensee to perform an act that causes injury to a resident shall be\n\nindividually liable.\n\nB. A resident may maintain an action under the Nursing Home\n\nCare Act for any other type of relief, including injunctive and\n\ndeclaratory relief, permitted by law.\n\nC. Any damages recoverable under this section, including\n\nminimum damages as provided by this section, may be recovered in any\n\naction which a court may authorize to be brought as a class action.\n\nThe remedies provided in this section, are in addition to and\n\ncumulative with any other legal remedies available to a resident.\n\nExhaustion of any available administrative remedies shall not be\n\nrequired prior to commencement of suit hereunder.\n\nD. Any waiver by a resident or the legal representative of the\n\nresident of the right to commence an action under this section,\n\nwhether oral or in writing, shall be null and void, and without\n\nlegal force or effect.\n\nE. Any party to an action brought under this section shall be\n\nentitled to a trial by jury and any waiver of the right to a trial\n\nby a jury, whether oral or in writing, prior to the commencement of\n\nan action, shall be null and void, and without legal force or\n\neffect.\n\nF. A licensee or its agents or employees shall not transfer,\n\ndischarge, evict, harass, dismiss or retaliate against a resident, a\n\nresident's guardian or an employee or agent who makes a report,\n\nbrings, or testifies in, an action under this section, or files a\n\ncomplaint because of a report, testimony or complaint.\n\nG. Any person, institution or agency, under the Nursing Home\n\nCare Act, participating in good faith in the making of a report, or\n\nin the investigation of such a report shall not be deemed to have\n\nviolated any privileged communication and shall have immunity from\n\nany liability, civil or criminal, or any other proceedings, civil or\n\ncriminal, as a consequence of making such report. The good faith of\n\nany persons required, or permitted to report cases of suspected\n\nresident abuse or neglect under this act shall be presumed.\n\nH. A facility employee or agent who becomes aware of abuse,\n\nneglect or exploitation of a resident prohibited by the Nursing Home\n\nCare Act shall immediately report the matter to the facility\n\nadministrator. A facility administrator who becomes aware of abuse,\n\nneglect, or exploitation of a resident shall immediately act to\n\nrectify the problem and shall make a report of the incident and its\n\ncorrection to the Department.\n\nI. 1. The facility shall be responsible for reporting the\n\nfollowing serious incidents to the Department within twenty-four\ndiately report the matter to the facility\n\nadministrator. A facility administrator who becomes aware of abuse,\n\nneglect, or exploitation of a resident shall immediately act to\n\nrectify the problem and shall make a report of the incident and its\n\ncorrection to the Department.\n\nI. 1. The facility shall be responsible for reporting the\n\nfollowing serious incidents to the Department within twenty-four\n\n(24) hours:\n\na. communicable diseases,\n\nb. deaths by unusual occurrence, including accidental\n\ndeaths or deaths other than by natural causes, and\n\ndeaths that may be attributed to a medical device,\n\nc. missing residents. In addition, the facility shall\n\nmake a report to local law enforcement agencies within\n\ntwo (2) hours if the resident is still missing,\n\nd. situations arising where a rape or a criminal act is\n\nsuspected. Such situations shall also be reported to\n\nlocal law enforcement immediately. The facility shall\n\nmake every effort to preserve the scene of the\n\nsuspected rape or crime until local law enforcement\n\nhas arrived, and\n\ne. resident abuse, neglect and misappropriation of the\n\nproperty of a resident.\n\n2. All other incident reports shall be made in accordance with\n\nfederal law.\n\n3. All initial written reports of incidents or situations shall\n\nbe mailed to the Department within five (5) working days after the\n\nincident or situation. The final report shall be filed with the\n\nDepartment when the full investigation is complete.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"52f44b1ccc56ce4e971b375b0d776bddaa1a32e3237eba2508f4f95047be20a9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1930.5","next":"us-ok/okla.-stat.-tit.-63-63-1-1940"},"notice":"GroundRules: Original legal text. Not legal advice."}