1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3797 By: Hefner
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6 AS INTRODUCED
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7 An Act relating to abuse of elderly and disabled
7 adults; amending 43a O.S. 2021, Section 10-103, which
8 relates to definitions in the Protective Services for
8 the Elderly and for Incapacitated Adults Act; adding
9 a definition; amending 43a O.S. 2021, Section 10-104,
9 which relates to persons required to report abuse,
10 neglect, or exploitation, penalty, immunity, civil
10 liability for false reports, disclosure of health
11 information, reporting of suspicious deaths,
11 impairment of employment prohibited; directing
12 notification of investigation and reporting to
12 Oklahoma's Protection and Advocacy System; amending
13 63 O.S. 2021, Section 1-1902, which relates to
13 definitions in the Nursing Home Care Act; adding a
14 definition; amending 63 O.S. 2021, Section 1-1939,
14 which relates to liability to residents, injunctive
15 and declaratory relief, damages, waiver of rights,
15 jury trial, retaliation against residents, immunity,
16 report of abuse or neglect and other serious
16 incidents; directing reports be furnished with
17 Oklahoma's Protection and Advocacy System; and
17 providing an effective date.
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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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21 SECTION 1. AMENDATORY 43a O.S. 2021, Section 10-103, is
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22 amended to read as follows:
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23 Section 10-103. A. When used in the Protective Services for
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24 Vulnerable Adults Act:
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 1 1. "Protective services" means services which are necessary to
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2 aid a vulnerable adult in meeting the essential requirements for
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3 mental or physical health and safety that the vulnerable adult is
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4 unable to provide or obtain without assistance. The term
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5 "protective services" includes but is not limited to services
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6 provided to or obtained for such person in order to prevent or
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7 remedy the abuse, neglect, or exploitation of such person;
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8 2. "Services which are necessary to aid an individual to meet
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9 essential requirements for mental or physical health and safety"
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10 include, but shall not be limited to:
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11 a. the identification of vulnerable adults in need of the
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12 services,
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13 b. the provision of medical care for physical and mental
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14 health needs,
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15 c. the provision of social services assistance in
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16 personal hygiene, food, clothing, and adequately
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17 heated and ventilated shelter,
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18 d. protection from health and safety hazards,
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19 e. protection from physical mistreatment,
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20 f. guardianship referral,
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21 g. outreach programs, and
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22 h. the transportation necessary to secure any of such
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23 services.
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 1 The term shall not include taking the person into physical custody
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2 without the consent of the person except as provided for in Sections
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3 10-107 and 10-108 of this title, and the evaluation, monitoring, and
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4 provision of protective placements;
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5 3. "Meet essential requirements for mental or physical health
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6 and safety" means those actions necessary to provide the health
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7 care, food, shelter, clothing, personal hygiene and other care
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8 without which physical injury or illness to the vulnerable adult is
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9 likely to occur;
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10 4. "Incapacitated person" means:
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11 a. any person eighteen (18) years of age or older:
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12 (1) who is impaired by reason of mental or physical
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13 illness or disability, dementia or related
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14 disease, developmental or intellectual disability
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15 or other cause, and
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16 (2) whose ability to receive and evaluate information
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17 effectively or to make and to communicate
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18 responsible decisions is impaired to such an
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19 extent that such person lacks the capacity to
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20 manage his or her financial resources or to meet
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21 essential requirements for his or her mental or
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22 physical health or safety without assistance from
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23 others, or
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 1 b. a person for whom a guardian, limited guardian, or
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2 conservator has been appointed pursuant to the
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3 Oklahoma Guardianship and Conservatorship Act;
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4 5. "Vulnerable adult" means an individual who is an
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5 incapacitated person or who, because of physical or mental
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6 disability, including persons with Alzheimer's disease or other
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7 dementias, incapacity, or other disability, is substantially
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8 impaired in the ability to provide adequately for the care or
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9 custody of himself or herself, or is unable to manage his or her
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10 property and financial affairs effectively, or to meet essential
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11 requirements for mental or physical health or safety, or to protect
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12 himself or herself from abuse, verbal abuse, neglect, or
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13 exploitation without assistance from others;
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14 6. "Caretaker" means a person who has:
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15 a. the responsibility for the care of a vulnerable adult
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16 or the financial management of the resources of a
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17 vulnerable adult as a result of a family relationship,
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18 b. assumed the responsibility for the care of a
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19 vulnerable adult voluntarily, by contract, or as a
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20 result of the ties of friendship, or
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21 c. been appointed a guardian, limited guardian, or
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22 conservator pursuant to the Oklahoma Guardianship and
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23 Conservatorship Act;
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24 7. "Department" means the Department of Human Services;
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 1 8. "Abuse" means causing or permitting:
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2 a. the infliction of physical pain, injury, sexual abuse,
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3 sexual exploitation, unreasonable restraint or
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4 confinement, mental anguish or personal degradation,
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5 or
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6 b. the deprivation of nutrition, clothing, shelter,
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7 health care, or other care or services without which
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8 serious physical or mental injury is likely to occur
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9 to a vulnerable adult by a caretaker or other person
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10 providing services to a vulnerable adult;
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11 9. "Exploitation" or "exploit" means an unjust or improper use
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12 of the resources of a vulnerable adult for the profit or advantage,
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13 pecuniary or otherwise, of a person other than the vulnerable adult
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14 through the use of undue influence, coercion, harassment, duress,
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15 deception, false representation or false pretense;
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16 10. "Financial neglect" means repeated instances by a
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17 caretaker, or other person, who has assumed the role of financial
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18 management, of failure to use the resources available to restore or
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19 maintain the health and physical well-being of a vulnerable adult,
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20 including, but not limited to:
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21 a. squandering or negligently mismanaging the money,
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22 property, or accounts of a vulnerable adult,
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23 b. refusing to pay for necessities or utilities in a
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24 timely manner, or
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 1 c. providing substandard care to a vulnerable adult
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2 despite the availability of adequate financial
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3 resources;
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4 11. "Neglect" means:
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5 a. the failure to provide protection for a vulnerable
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6 adult who is unable to protect his or her own
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7 interest,
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8 b. the failure to provide a vulnerable adult with
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9 adequate shelter, nutrition, health care, or clothing,
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10 or
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11 c. negligent acts or omissions that result in harm or the
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12 unreasonable risk of harm to a vulnerable adult
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13 through the action, inaction, or lack of supervision
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14 by a caretaker providing direct services;
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15 12. "Personal degradation" means a willful act by a caretaker
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16 intended to shame, degrade, humiliate or otherwise harm the personal
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17 dignity of a vulnerable adult, or where the caretaker knew or
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18 reasonably should have known the act would cause shame, degradation,
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19 humiliation or harm to the personal dignity of a reasonable person.
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20 Personal degradation includes the taking, transmitting, or display
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21 of an electronic image of a vulnerable adult by a caretaker, where
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22 the caretaker's actions constitute a willful act intended to shame,
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23 degrade, humiliate or otherwise harm the personal dignity of the
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24 dependent adult, or where the caretaker knew or reasonably should
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 1 have known the act would cause shame, degradation, humiliation or
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2 harm to the personal dignity of a reasonable person. Personal
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3 degradation does not include:
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4 a. the taking, transmission or display of an electronic
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5 image of a vulnerable adult for the purpose of
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6 reporting vulnerable adult abuse to law enforcement,
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7 the Department of Human Services or other regulatory
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8 agency that oversees caretakers or enforces abuse or
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9 neglect laws or rules,
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10 b. the taking, transmission or display of an electronic
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11 image of a vulnerable adult for the purpose of
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12 treatment or diagnosis, or
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13 c. the taking, transmission or display of an electronic
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14 image of a vulnerable adult as part of an ongoing
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15 investigation;
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16 13. "Sexual abuse" means:
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17 a. oral, anal, or vaginal penetration of a vulnerable
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18 adult by or through the union with the sexual organ of
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19 a caretaker or other person providing services to the
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20 vulnerable adult, or the anal or vaginal penetration
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21 of a vulnerable adult by a caretaker or other person
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22 providing services to the vulnerable adult with any
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23 other object, or
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 1 b. for the purpose of sexual gratification, the touching,
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2 feeling or observation of the body or private parts of
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3 a vulnerable adult by a caretaker or other person
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4 providing services to the vulnerable adult, or
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5 c. indecent exposure by a caretaker or other person
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6 providing services to the vulnerable adult;
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7 14. "Indecent exposure" means forcing or requiring a vulnerable
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8 adult to:
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9 a. look upon the body or private parts of another person
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10 or upon sexual acts performed in the presence of the
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11 vulnerable adult, or
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12 b. touch or feel the body or private parts of another;
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13 15. "Self-neglect" means the action or inaction of a vulnerable
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14 adult which causes that person to fail to meet the essential
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15 requirements for physical or mental health and safety due to the
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16 vulnerable adult's lack of awareness, incompetence or incapacity;
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17 16. "Sexual exploitation" includes, but is not limited to, a
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18 caretaker's causing, allowing, permitting or encouraging a
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19 vulnerable adult to engage in prostitution or in the lewd, obscene,
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20 or pornographic photographing, filming or depiction of the
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21 vulnerable adult as those acts are defined by state law; and
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22 17. "Verbal abuse" means the use of words, sounds, or other
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23 communication including, but not limited to, gestures, actions or
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24 behaviors, by a caretaker or other person providing services to a
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 1 vulnerable adult that are likely to cause a reasonable person to
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2 experience humiliation, intimidation, fear, shame or degradation;
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3 and
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4 18. "Oklahoma's Protection and Advocacy System" means a
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5 protection and advocacy system established in accordance with
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6 Section 143 of the Developmental Disabilities Assistance and Bill of
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7 Rights Act of 2000.
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8 B. Nothing in this section shall be construed to mean a
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9 vulnerable adult is abused or neglected for the sole reason the
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10 vulnerable adult, in good faith, selects and depends upon spiritual
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11 means alone through prayer, in accordance with the practices of a
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12 recognized religious method of healing, for the treatment or cure of
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13 disease or remedial care, or a caretaker or other person
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14 responsible, in good faith, is furnishing such vulnerable adult
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15 spiritual means alone through prayer, in accordance with the tenets
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16 and practices of a recognized church or religious denomination, for
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17 the treatment or cure of disease or remedial care in accordance with
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18 the practices of or express consent of the vulnerable adult.
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19 SECTION 2. AMENDATORY 43a O.S. 2021, Section 10-104, is
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20 amended to read as follows:
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21 Section 10-104. A. Any person having reasonable cause to
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22 believe that a vulnerable adult is suffering from abuse, neglect, or
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23 exploitation shall make a report as soon as the person is aware of
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24 the situation to:
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 1 1. The Department of Human Services; or
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2 2. The municipal police department or sheriff's office in the
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3 county in which the suspected abuse, neglect, or exploitation
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4 occurred.
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5 B. Persons required to make reports pursuant to this section
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6 shall include, but not be limited to:
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7 1. Physicians;
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8 2. Operators of emergency response vehicles and other medical
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9 professionals;
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10 3. Social workers and mental health professionals;
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11 4. Law enforcement officials;
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12 5. Staff of domestic violence programs;
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13 6. Long-term care facility personnel, including staff of
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14 nursing facilities, intermediate care facilities for individuals
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15 with intellectual disabilities (ICFs/IID), assisted living
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16 facilities, and residential care facilities;
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17 7. Other health care professionals;
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18 8. Persons entering into transactions with a caretaker or other
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19 person who has assumed the role of financial management for a
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20 vulnerable adult;
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21 9. Staff of residential care facilities, group homes, or
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22 employment settings for individuals with intellectual disabilities;
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23 10. Job coaches, community service workers, and personal care
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24 assistants; and
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 1 11. Municipal employees.
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2 C. 1. If the report is not made in writing in the first
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3 instance, as soon as possible after it is initially made by
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4 telephone o