Title 76. Torts
§761. Rights of others must be respected.
Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights.
R.L. 1910, § 992.
§76-1.1. Parent or child not answerable for other's act.
Neither parent or child is answerable, as such, for the act of the other, except as otherwise specifically provided by law.
R.L.1910, § 4383. Amended by Laws 2000, c. 382, § 10, eff. July 1, 2000. Renumbered from § 20 of Title 10 by Laws 2009, c. 233, § 203, emerg. eff. May 21, 2009.
§762. Damages for deceit.
One who willfully deceives another, with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers.
R.L. 1910, § 993.
§763. Deceits defined and classed.
A deceit, within the meaning of the last section is either:
1. The suggestion, as a fact, of that which is not true by one who does not believe it to be true.
2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true.
3. The suppression of a fact by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or,
4. A promise, made without any intention of performing.
R.L. 1910, § 994.
§764. Deceit upon the public deemed deceit of any individual misled.
One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is actually misled by the deceit.
R.L. 1910, § 995.
§765. Responsibility for negligence "Good Samaritan Act".
(a) Everyone is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself, and except as hereinafter provided.
(1) Where no prior contractual relationship exists, any person licensed to practice any method of treatment of human ailments, disease, pain, injury, deformity, mental or physical condition, or licensed to render services ancillary thereto, including licensed registered and practical nurses, who, under emergency circumstances that suggest the giving of aid is the only alternative to probable death or serious bodily injury, in good faith, voluntarily and without compensation, renders or attempts to render emergency care to an injured person or any person who is in need of immediate medical aid, wherever required, shall not be liable for damages as a result of any acts or omissions except for committing gross negligence or willful or wanton wrongs in rendering the emergency care.
(2) Where no prior contractual relationship exists, any person who in good faith renders or attempts to render emergency care consisting of artificial respiration, restoration of breathing, or preventing or retarding the loss of blood, or aiding or restoring heart action or circulation of blood to the victim or victims of an accident or emergency, wherever required, shall not be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care.
(3) Where no prior contractual relationship exists, any person licensed to perform surgery or dentistry in this state who in good faith renders emergency care requiring the performance of an operation or other form of surgery upon any individual who was the victim of an accidental act shall not be liable for any civil damages or subject to criminal prosecution as the result of nonconsent whereby such person renders or attempts to render the emergency surgery or operation voluntarily and without compensation, wherever required, except for gross negligence or willful or wanton wrongs committed in rendering the care; provided, however, that the exemption granted by this subsection shall not attach if the victim is an adult who is conscious and capable of giving or refusing his consent; or if the victim's spouse, or parent, or guardian in the case of a minor or incompetent person, can be reached in a reasonable time considering the condition of the victim and consistent with good medical practice, and unless concurrence is obtained for such emergency surgery or operation from one other person licensed to perform surgery in this state.
(4) Where no contractual relationship exists, any person, or any member of his immediate family or household, who has been approved by the local P.T.A. or other local sponsoring agency or organization, who has registered with the local municipal police chief or the county sheriff, and who has been granted appropriate authorization by either the police chief or the county sheriff to indicate by sign in the window of his home or in any other tangible or identifiable manner that he will extend aid and refuge to persons on the streets in apparent danger, or in need of aid, by inviting those persons into the person's home, or onto premises thereof, and in good faith provides such refuge or aid without objection of the endangered or needy person, whether child or adult, neither the person extending the aid and refuge nor the homeowner or head of household shall be liable for civil damages as a result of actions or omissions in rendering emergency physical care to the body of the aided person; nor shall they be liable for civil damages for any other injury in the home, or on premises thereof, to the person aided, nor for any failure to provide or arrange for his police protection or other protection or medical treatment, when the actions or omissions were those of an ordinarily reasonably prudent person under the circumstances without want of ordinary care or skill.
(b) This act shall be known and may be cited as the "Good Samaritan Act."
R.L. 1910, § 998; Laws 1963, c. 87, § 1, emerg. eff. May 22, 1963; Laws 1965, c. 24, § 1, emerg. eff. Feb. 26, 1965; Laws 1969, c. 158, § 1, emerg. eff. April 14, 1969; Laws 1971, c. 146, § 1, emerg. eff. May 19, 1971; Laws 1974, c. 256, § 1, emerg. eff. May 29, 1974; Laws 1979, c. 18, § 1, emerg. eff. March 30, 1979.
§765.1. Indemnification of private citizens or their dependents for consequences of meritorious action.
A. The state may indemnify private citizens, or any persons dependent upon such citizens for their principal support for any injury, death or damage sustained by such citizens or any persons dependent upon such citizens for their principal support as a direct consequence of meritorious action, as provided in the Good Samaritan Act, to the extent that they are not compensated for the injury, death or damage from any other source.
B. As used in this act, private citizen means any natural person other than a peace officer, fire fighter, lifeguard or person whose employment includes the duty to protect the public safety acting within the course and scope of such employment.
Added by Laws 1980, c. 344, § 1, eff. Oct. 1, 1980.
§765.2. Filing of claim.
Should a private citizen incur personal injury, death or damage to property, as provided in the Good Samaritan Act, the private citizen or a person dependent upon such citizen for principal support may file a claim in the office of the Governor for indemnification to the extent that the claimant is not compensated from any other source for such injury, death or damage. The claim shall state:
l. The date, place and circumstances which gave rise to the claim;
2. A general description of the activities of the private citizen during the event;
3. The estimated extent of the injury, death or damage sustained for which the claimant is not compensated from any other source; and
4. Such other information as the office of the Governor may require.
The claim shall be accompanied by a corroborating statement.
Added by Laws 1980, c. 344, § 2, eff. Oct. 1, 1980.
§765.3. Hearing Board and composition Application of Administrative Procedures Act Approval of claim.
A. Upon presentation of any claim, a hearing shall be had before a board composed of two (2) members of the Governor's staff, as the Governor shall designate, one (1) member of the Attorney General's staff, as the Attorney General shall designate, and two (2) members of the Legislature, one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the President Pro Tempore of the Senate.
B. The terms and provisions of the Administrative Procedures Act shall apply to all proceedings before the board. If the board determines, on the basis of a preponderance of such evidence, that the state should indemnify the claimant for the injury, death or damage sustained, it shall approve the claim for payment. In no event shall a claim be approved by the board in excess of Five Thousand Dollars ($5,000.00).
C. Claims approved under this act shall be paid from the Good Samaritan Fund.
Added by Laws 1980, c. 344, § 3, eff. Oct. 1, 1980.
§765.4. Good Samaritan Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the purpose of paying claims approved under this act to be designated the Good Samaritan Revolving Fund. The fund shall be administered in accordance with standard revolving fund procedures.
Added by Laws 1980, c. 344, § 4, eff. Oct. 1, 1980.
§765.5. Limitation of actions.
Any claim filed herein shall be filed within two (2) years of the date of injury, death or damage to property, or, if applicable, within one (1) year of the date of a final adjudication on any legal action taken by the claimant against any person responsible for the injury, death or damage to property, or be barred by limitations from recovery.
Added by Laws 1980, c. 344, § 5, eff. Oct. 1, 1980.
§765.6. Food donations Civil and criminal liability Regulation of use Definitions.
A. Any donor who makes a good faith donation of food which is at the time of donation fit for human consumption to a charitable organization or nonprofit corporation shall not be liable for damages in any civil suit or subject to criminal prosecution for any injury resulting from the nature, age, condition or packaging of the donated food, unless the injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of the donor.
B. This section shall apply to all good faith donations of perishable or nonperishable food which is not readily marketable due to appearance, freshness, grade or other conditions.
C. This section shall not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
D. For purposes of this section:
1. "Donor" means any person, profit or nonprofit food distributor or person who harvests perishable foods who makes a good faith donation of food;
2. "Good faith donation" means a gift conferred without condition or consideration;
3. "Charitable organization" means any benevolent, philanthropic, patriotic, eleemosynary, educational, social, civic, recreational, religious group or association or any other person performing or purporting to perform acts beneficial to the public;
4. "Nonprofit corporation" means a corporation formed for a purpose not involving pecuniary gain to its shareholders or members, paying no dividends or other pecuniary remuneration, directly or indirectly, to its shareholders or members as such, and having no capital stock; and
5. "Food" includes any packaged, prepared, perishable or nonperishable food item.
Added by Laws 1981, c. 9, § 1, eff. April 6, 1981.
§765.7. Accident or disaster involving hazardous materials - Immunity from civil liability.
A. Any person who, in good faith and without prior compensation, renders emergency care, assistance, or advice at the scene of an accident or existing or impending disaster involving the use, handling, transportation, transmission, or storage of hazardous materials shall not be liable for damages resulting from the conduct of said person in rendering said care, assistance, or advice unless said damage was caused by the gross negligence of said person. The provisions of this section shall not affect the potential liability that any person may have which arises from the manufacture, generation, transportation, storage, or handling of any hazardous materials, or of any person who is engaged professionally and commercially in rendering said emergency care, assistance or advice.
B. The immunity from civil liability provided for by the provisions of this section shall extend only to the actions taken by persons in rendering care, assistance, or advice at the time of said accident or existing or impending disaster, and does not confer any of said immunity to any person for actions taken prior to or after the rendering of emergency care, assistance, or advice.
C. For the purposes of this section, the term hazardous materials means petroleum or petroleum products, or any other substance or compound which is toxic to human, animal, or plant life.
Added by Laws 1983, c. 157, § 1, eff. Nov. 1, 1983.
§76-5.8. Voluntary architectural or engineering services following declared national, state or local emergency - Immunity from liability.
A. A licensed architect or professional engineer who voluntarily, without compensation other than expense reimbursement, provides architectural, structural, electrical, mechanical or other design professional services related to a declared national, state or local emergency caused by a natural disaster or catastrophic event, at the request of or with the approval of a national, state or local public official, law enforcement official, public safety official or building inspection official believed by the licensed architect or professional engineer to be acting in an official capacity, shall not be liable for any personal injury, wrongful death, property damage or other loss of any nature related to the licensed architect’s or professional engineer’s acts or omissions in the performance of such professional services for any publicly or privately owned structure, building, facility, project utility, equipment, machine, process, piping or other system. Nothing in this section shall provide immunity for injury or damage resulting from gross negligence or willful or wanton misconduct in rendering the emergency professional services. The immunity provided in this section shall apply only to a voluntary architectural or engineering service that occurs during the emergency or within ninety (90) days following the end of the period for an emergency, disaster or catastrophic event, unless extended by an executive order issued by the Governor under the Governor’s emergency executive powers.
B. For the purposes of this section:
1. “Building inspection official” means any appointed or elected federal, state or local official with executive responsibility to coordinate building inspection in the jurisdiction in which the emergency or event has occurred;
2. “Law enforcement official” means any appointed or elected federal, state or local official with executive responsibility to coordinate law enforcement in the jurisdiction in which the emergency or event has occurred;
3. “Licensed architect” means a person duly licensed pursuant to Section 46.1 et seq. of Title 59 of the Oklahoma Statutes;
4. “Professional engineer” means a person duly licensed and registered pursuant to Section 475.1 et seq. of Title 59 of the Oklahoma Statutes;
5. “Public official” means any elected federal, state or local official with executive responsibility in the jurisdiction in which the emergency or event has occurred; and
6. “Public safety official” means any appointed or elected federal, state or local official with executive responsibility to coordinate public safety in the jurisdiction in which the emergency or event has occurred.
Added by Laws 2005, c. 144, § 1, eff. Nov. 1, 2005.
§76-5A. Medical care or treatment by use of automated external defibrillator - Immunity from civil liability.
A. 1. Any person who, in good faith and without expectation of compensation, renders emergency care or treatment outside of a medical facility by the use of an automated external defibrillator shall be immune from civil liability for personal injury which results from the use of the device, except for acts of gross negligence or willful or wanton misconduct in the use of such device.
2. Course directors and trainers who have completed the training required by the State Department of Health for teaching courses in the use of automated external defibrillators and cardiopulmonary resuscitation shall be immune from civil liability for personal injury which results from the use of the device, except for acts of gross negligence or willful or wanton misconduct in the teaching of such training courses.
B. A prescribing physician who, in good faith and without expectation of compensation, writes a prescription for the use of an automated external defibrillator to render emergency care or treatment shall be immune from civil liability for personal injury which results from the use of the device, except for acts of gross negligence or willful or wanton misconduct in the prescribing of the device.
C. An entity or individual who owns, leases, possesses, or otherwise controls an automated external defibrillator shall be immune from civil liability for personal injury which results from the use of the device, except for acts of gross negligence or willful or wanton misconduct.
D. An entity or individual who owns, leases, possesses or otherwise controls an automated external defibrillator shall communicate to the proper first responder the locations and placements of the automated external defibrillator owned, leased, possessed or otherwise controlled by the entity or individual.
E. For purposes of this section:
1. “Automated external defibrillator” means a medical device consisting of a heart monitor and defibrillator which:
a. has received approval of its premarket notification, filed pursuant to 21 U.S.C., Section 360(k), from the United States Food and Drug Administration,
b. is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed, and
c. upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual’s heart;
2. “Entity” means public and private organizations including, but not limited to, the State of Oklahoma and its agencies and political subdivisions, a proprietorship, partnership, limited liability company, corporation, or other legal entity, whether or not operated for profit;
3. “First responder” means an individual certified by the State Department of Health to perform emergency medical services in accordance with the Oklahoma Emergency Response Systems Development Act and in accordance with the rules and standards promulgated by the State Board of Health; and
4. “Prescribing physician” means a person licensed to practice medicine in the state pursuant to Chapters 11 and 14 of Title 59 of the Oklahoma Statutes.
Added by Laws 1999, c. 111, § 1, eff. Nov. 1, 1999. Amended by Laws 2004, c. 127, § 1, eff. Nov. 1, 2004; Laws 2009, c. 70, § 1, eff. Nov. 1, 2009.
§766. General rights of persons.
Besides the personal rights mentioned or recognized under law, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations.
R.L. 1910, § 2955.
§767. Defamation.
Defamation is effected by:
First. Libel; or,
Second. Slander.
R.L. 1910, § 2956.
§768. Wrongs against personal relations.
The rights of personal relation forbid:
1. The abduction of a husband from his wife, a wife from her husband or of a parent from his child.
2. The abduction or enticement of a child from a parent, or from a guardian entitled to its custody, or of a servant from his master.
3. An injury to a servant.
R.L. 1910, § 2957; Laws 1976, c. 164, § 1, eff. Oct. 1, 1976.
§768.1. Alienation of affections or seduction Civil action Abolition.
From and after the effective date of this act, the alienation of the affections of a spouse of sound mind and legal age or seduction of any person of sound mind and legal age is hereby abolished as a civil cause of action in this state.
Added by Laws 1976, c. 164, § 2, eff. Oct. 1, 1976.
§769. Right to use force.
Any necessary force may be used to protect from wrongful injury the person or property of one's self, or of a wife, husband, child, parent or other relative, or member of one's family, or of a ward, servant, master or guest.
R.L. 1910, § 2958.
§76-10. Renumbered as § 16-71.1 of Title 2 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.
§76-10.1. Landowners encouraged to make land available to public for recreational purposes - Limitation on liability – Definitions – Applicability of section to land and attached roads, water and structures used primarily for farming or ranching activities.
A. 1. The purpose of this section is to encourage landowners to make land available to the public for outdoor recreational purposes by limiting their liability to persons entering upon and using such land and to third persons who may be damaged by the acts or omissions of persons going upon these lands.
2. As used in this section:
a. “land” means real property, roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty. The term “land” shall not include any land that is used primarily for farming or ranching activities or to any roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty which is used primarily for farming or ranching activities,
b. “outdoor recreational purposes” includes any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, jogging, cycling, other sporting events and activities, nature study, water skiing, jet skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites,
c. “owner” means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the land, and
d. “charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land. The term "charge" shall not include a license or permit fee imposed by a governmental entity for the purpose of regulating the use of land, a water or park area, or lake reservation and shall not include hunting, fishing, boating, and other license and permit fees.
B. An owner who provides the public with land for outdoor recreational purposes owes no duty of care to keep the land safe for entry or use by others, or to give warning to persons entering or using the land of any hazardous conditions, structures, or activities.
C. 1. Except as otherwise provided by this section, an owner who provides the public with land for outdoor recreational purposes shall not:
a. be presumed to extend any assurance that the land is safe for any purpose,
b. incur any duty of care toward a person who enters or uses the land, or
c. assume any liability or responsibility for any injury to persons or property caused by the act or omission of a person who enters or uses the land.
2. This subsection applies whether the person entering or using the land is an invitee, licensee, trespasser, or otherwise.
D. This section shall not apply if:
1. Any charge is made or is usually made for entering or using any part of the land; or
2. Any commercial or other activity for profit directly related to the use is conducted on any part of the land.
E. 1. An owner of land leased to the state or to other public entity for outdoor recreational purposes owes no duty of care to keep the land safe for entry or use by others, or to give warning to persons entering or using the land of any hazardous conditions, structures, or activities. Any owner who leases or subleases land to the state or other public entity for outdoor recreational purposes shall not:
a. be presumed to extend any assurance that the land is safe for any purpose,
b. incur any duty of care toward a person who enters or uses the leased land, or
c. become liable or responsible for any injury to persons or property caused by the act or omission of a person who enters or uses the leased land.
2. This subsection applies whether the person entering or using the leased land is an invitee, licensee, trespasser, or otherwise, notwithstanding any other section of law.
F. 1. Except as provided in this section, no person is relieved of liability which would exist for want of ordinary care or for deliberate, willful, or malicious injury to persons or property. The provisions shall not create or increase the liability of any person.
2. This section shall not relieve any owner of any liability for the operation and maintenance of structures affixed to real property by the owner for use by the general public.
G. By entering or using land, no person shall be deemed to be acting as an employee or agent of the owner whether the entry or use is with or without the knowledge or consent of the owner.
H. The provisions of this section shall not apply to any land that is used primarily for farming or ranching activities or to roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty which is used primarily for farming or ranching activities.
Sections 26 through 32 of this act shall govern such land.
Added by Laws 1971, c. 349, § 315, emerg. eff. June 24, 1971. Amended by Laws 2000, c. 141, § 1, eff. Nov. 1, 2000; Laws 2001, c. 113, § 51, emerg. eff. April 18, 2001. Renumbered from § 1301-315 of Title 2 by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001. Amended by Laws 2004, c. 368, § 25, eff. Nov. 1, 2004. Renumbered from § 16-71 of Title 2 by Laws 2004, c. 368, § 68, eff. Nov. 1, 2004.
§76-11. Renumbered as § 16-71.2 of Title 2 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.
§76-12. Renumbered as § 16-71.3 of Title 2 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.
§76-13. Renumbered as § 16-71.4 of Title 2 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.
§76-14. Renumbered as § 16-71.5 of Title 2 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.
§76-15. Renumbered as § 16-71.6 of Title 2 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.
§76-15.1. Renumbered as § 16-71.7 of Title 2 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.
§76-16. Repealed by Laws 1987, c. 78, § 11, eff. Nov. 1, 1987.
§76-16.1. Unauthorized use of or entry upon real property or improvements thereto – Immunity from liability.
A. An owner, lessee or occupant of real property or any structures or improvements thereto owes no duty of care to keep the premises safe for entry or use by others or to give any warning of a dangerous condition, use, structure or activity if the entry or use by another person is unauthorized or is for the purpose of committing a criminal act.
B. The provisions of subsection A of this section provide immunity from civil liability for simple negligence but do not provide immunity for willful, wanton or malicious acts of negligence or for gross negligence.
Added by Laws 2004, c. 368, § 33, eff. Nov. 1, 2004.
§7617. Medical malpractice Reporting of the claim to licensing board.
Whenever a claim of personal injury is made against any practitioner of the healing arts or a licensed hospital, a report shall be made to the appropriate licensing board or agency by the liability insurer of such practitioner or hospital within sixty (60) days after receipt of information that a claim is being made. In the event that such claim is made against a party not insured, the report shall be made by the party. The report shall be in writing on a form containing the following information:
1. The name and address of the practitioner or hospital;
2. The name, age and address of the claimant;
3. A brief statement of the nature of the injury, illness or condition complained of and the act or omission complained of; and
4. Whether a suit is pending and, if so, the court, style and docket number of the action.
And whenever such claim or suit is concluded, the disposition shall be reported to the appropriate board or agency promptly.
This report shall be privileged except as hereinafter provided.
The licensing board or agency shall take any remedial, disciplinary or corrective action as it may deem warranted by the facts contained in the report.
Any person or liability insurer failing to furnish a report on a claim as required in this section shall be guilty of a misdemeanor.
Further, the board or agency shall annually furnish the President Pro Tempore of the Senate and the Speaker of the House of Representatives a full report of all such claims except that names and addresses of all parties shall be omitted. Such report shall include disposition of the claim as well as a report of all action taken by the board or agency and the reason therefor.
Added by Laws 1976, c. 44, § 1, emerg. eff. April 8, 1976. Amended by Laws 1979, c. 75, § 1, eff. Oct. 1, 1979.
§76-18. Limitation of action.
An action for damages for injury or death against any physician, health care provider or hospital licensed under the laws of this state, whether based in tort, breach of contract or otherwise, arising out of patient care, shall be brought within two (2) years of the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury or condition complained of; provided, however, the minority or incompetency when the cause of action arises will extend said period of limitation.
Added by Laws 1976, c. 44, § 2, emerg. eff. April 8, 1976. Amended by Laws 2002, c. 462, § 4, eff. July 1, 2002.
§76-19. Access to medical records - Copies - Waiver of privilege - Exception for inmates when threat to safety or security of self or institution.
A. 1. Any person who is or has been a patient of a doctor, hospital, or other medical institution shall be entitled, upon request, to obtain access to the information contained in the patient’s medical records, including any x-ray or other photograph or image.
2. Any person who is or has been a patient of a doctor, hospital, or other medical institution shall be furnished copies of all records, including any x-ray or other photograph or image, pertaining to that person’s case upon request and upon the tender of the expense of the copy or copies. The cost of each copy to such person or to the legal representative of such person, not including any x-ray or other photograph or image, shall not exceed One Dollar ($1.00) for the first page and fifty cents ($0.50) for each subsequent page. The cost of each x-ray or other photograph or image to such person or to the legal representative of such person shall not exceed Five Dollars ($5.00) or the actual cost of reproduction, whichever is less. The physician, hospital, or other medical professionals and institutions may charge a patient for the actual cost of mailing the patient’s requested medical records, but may not charge a fee for searching, retrieving, reviewing, and preparing medical records of the person.
3. The provisions of paragraphs 1 and 2 of this subsection shall not apply to psychological, psychiatric, mental health or substance abuse treatment records. In the case of psychological, psychiatric, mental health or substance abuse treatment records, access to information contained in the records shall be obtained pursuant to Section 1-109 of Title 43A of the Oklahoma Statutes.
B. 1. In cases involving a claim for personal injury or death against any practitioner of the healing arts or a licensed hospital, or a nursing facility or nursing home licensed pursuant to Section 1-1903 of Title 63 of the Oklahoma Statutes arising out of patient care, where any person has placed the physical or mental condition of that person in issue by the commencement of any action, proceeding, or suit for damages, or where any person has placed in issue the physical or mental condition of any other person or deceased person by or through whom the person rightfully claims, that person shall be deemed to waive any privilege granted by law concerning any communication made to a physician or health care provider with reference to any physical or mental condition or any knowledge obtained by the physician or health care provider by personal examination of the patient; provided that, before any communication, medical or hospital record, or testimony is admitted in evidence in any proceeding, it must be material and relevant to an issue therein, according to existing rules of evidence. Psychological, psychiatric, mental health and substance abuse treatment records and information from psychological, psychiatric, mental health and substance abuse treatment practitioners may only be obtained provided the requirements of Section 1-109 of Title 43A of the Oklahoma Statutes are met.
2. Any person who obtains any document pursuant to the provisions of this section shall provide copies of the document to any opposing party in the proceeding upon payment of the expense of copying the document pursuant to the provisions of this section.
C. This section shall not apply to the records of an inmate in a correctional institution when the correctional institution believes the release of such information to be a threat to the safety or security of the inmate or the institution.
Added by Laws 1976, c. 44, § 3, emerg. eff. April 8, 1976. Amended by Laws 1977, c. 59, § 1, eff. Oct. 1, 1977; Laws 1979, c. 75, § 2, eff. Oct. 1, 1979; Laws 1985, c. 184, § 1, eff. Nov. 1, 1985; Laws 1987, c. 168, § 2, eff. Nov. 1, 1987; Laws 1994, c. 90, § 1, eff. Sept. 1, 1994; Laws 1995, c. 251, § 14, eff. Nov. 1, 1995; Laws 1999, c. 293, § 27, eff. Nov. 1, 1999; Laws 2003, c. 21, § 1, emerg. eff. March 31, 2003; Laws 2003, c. 390, § 23, eff. July 1, 2003; Laws 2004, c. 168, § 17, emerg. eff. April 27, 2004; Laws 2005, c. 88, § 1, emerg. eff. April 21, 2005.
§7620. Refusing to furnish records Penalty.
Any person refusing to furnish records or information required in Section 3 of this act shall be guilty of a misdemeanor.
Added by Laws 1976, c. 44, § 4, emerg. eff. April 8, 1976.
§7620.1. Healing arts - Standard of care.
The standard of care required of those engaging in the practice of the healing arts within the State of Oklahoma shall be measured by national standards.
Added by Laws 1983, c. 231, § 1.
§7620.2. Chelation or other authorized therapy not prohibited.
Nothing in the above act shall be construed to prohibit the use of chelation therapy or any other therapy or treatment authorized by law.
Added by Laws 1983, c. 231, § 2.
§7621. Presumption of negligence.
In any action arising from negligence in the rendering of medical care, a presumption of negligence shall arise if the following foundation facts are first established:
1. The plaintiff sustained any injury;
2. Said injury was proximately caused by an instrumentality solely within the control of the defendant or defendants; and
3. Such injury does not ordinarily occur under the circumstances absent negligence on the part of the defendant.
If any such fact, in the discretion of the court, requires a degree of knowledge or skill not possessed by the average person, then in that event such fact must be established by expert testimony.
Added by Laws 1976, c. 44, § 5, emerg. eff. April 8, 1976.
§76-22. State malpractice insurance.
CompSource Oklahoma is authorized to offer malpractice insurance and/or reinsurance to Oklahoma persons, firms and corporations engaged in health care services principally serving Oklahomans based upon the claims and loss ratio experience in Oklahoma at a premium that is calculated without profit or return to the state if such action is deemed in the public interest. Provided, that no such insurance or reinsurance shall be offered by CompSource Oklahoma without the prior approval of the Insurance Commissioner. The Commissioner shall give such approval only when it finds that CompSource Oklahoma has available reserves sufficient to insure or reinsure such coverage on an actuarially sound basis.
Added by Laws 1976, c. 44, § 6, emerg. eff. April 8, 1976. Amended by Laws 2006, c. 264, § 74, eff. July 1, 2006.
§7623. Public utilities Definitions Fraud Penalties Civil liability Exemptions.
A. As used in this section:
1. "Utility" means any person, firm, corporation, district or association, whether private, municipal, body politic or cooperative, which is engaged in the sale, generation, distribution or delivery of electricity, water or gas;
2. "Person" means any individual, firm, partnership, corporation or association; and
3. "Utility service" means the furnishing, sale, generation, distribution or delivery of electricity, water or gas by a utility as defined herein.
B. It shall be unlawful for any person, with intent to defraud a utility, to:
1. Alter, tamper with, injure or knowingly allow the altering, tampering with or injuring of any pipeline, line, wire, conduit, conductor, meter, meter seal, transformer or other equipment used by a utility to deliver or register service;
2. Prevent any installed metering device from registering correctly the quantity of service passing through such metering device;
3. Make or cause to be made any connection between any pipeline, lines, wires, conduits, conductors, meters, transformers or other equipment in such manner as to prevent the correct registration of service by any metering device, or to otherwise use electricity without the consent of the utility; or
4. Supply or cause to be supplied any utility service to any person without such service first passing through the metering device provided by the utility for measuring and registering the quantity of service.
C. Any person who is convicted of violating the provisions of subsection B of this section shall be guilty of a misdemeanor punishable by payment of a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a period not to exceed six (6) months, or by such fine and imprisonment.
D. If a civil action is brought by a utility against a person, said person may post a bond, cash or other security with the utility in an amount equal to the value of the service alleged to be unlawfully used or diverted. Upon posting of said bond or cash, and until final disposition of the case, the utility shall restore to said person any service which it may have terminated.
E. Nothing in this section shall be construed to apply to licensed and certified contractors while performing usual and ordinary service in accordance with recognized standards.
F. This section shall not be construed as repealing any laws of the state relating to the powers, duties or jurisdiction of the Oklahoma Corporation Commission, but shall be held as auxiliary and supplementary thereto.
Added by Laws 1978, c. 89, § 1, emerg. eff. March 28, 1978.
§7624. Definitions.
In Sections 5 through 10 of this act, the following definitions shall apply:
1. "Professional review body" means a public or private body organized in whole or in part for the purpose of maintaining standards of conduct and competence for accountants, architects, chiropodists, chiropractors, dentists, professional engineers, nurses, pharmacists, physicians, psychologists or veterinarians;
2. "Professional review action" means an action or recommendation taken or made by a professional review body which adversely affects a person's ability to perform his profession but shall not include actions taken or recommendations made by a private professional review body against a person who does not have a reasonable connection to the body's sponsoring organization; and
3. "Sponsoring organization" means a professional association or an institution through which persons practice their professions in whole or in part.
Added by Laws 1987, c. 78, § 5, eff. Nov. 1, 1987. Amended by Laws 1995, c. 207, § 5, eff. Nov. 1, 1995.
§7625. Professional review body, staff and personnel Limitation of liability.
A professional review body, members and staff of such professional review body and persons who contract with such professional review body shall not be liable in any way in damages under any law of this state with respect to a professional review action taken in good faith by such professional review body.
Added by Laws 1987, c. 78, § 6, eff. Nov. 1, 1987.
§7626. Persons supplying information to professional review body Protection from liability.
Any person who supplies information in good faith and with reasonable belief that such information is true to a professional review body shall not be liable in any way in damages with respect to giving such information to the professional review body.
Added by Laws 1987, c. 78, § 7, eff. Nov. 1, 1987.
§7627. Limitations on liability Extent.
Protection from liability in damages pursuant to Sections 6 and 7 of this act shall not extend to actions for violation of civil rights or for antitrust.
Added by Laws 1987, c. 78, § 8, eff. Nov. 1, 1987.
§7628. Professional review body Requirements for protection from liability.
Protection from liability pursuant to Section 6 of this act shall be available only on the condition that the professional review action is taken or recommendation is made under the following requirements:
A. The action is taken:
1. In reasonable belief that it will maintain or enhance the quality of professional standards of conduct or competence;
2. After reasonable effort to obtain facts pertinent to the matter;
3. After adequate notice and opportunity to be heard are afforded the professional involved; and
4. In reasonable belief that the facts warrant the action.
A professional review action shall be presumed to meet these standards unless the presumption is rebutted by a preponderance of the evidence.
B. The notice required in paragraph 3 of subsection A of this section must:
1. State that a professional review action has been proposed against the professional;
2. Inform the professional, in detail sufficient for him to prepare a defense, of the reasons for the proposed action;
3. State that the professional may request a hearing whether he has been previously contacted about the proposed action or complaint on which it is founded or not;
4. Inform the professional of the time limit of not less than twenty (20) days in which he must request a hearing or lose such right;
5. Explain the hearing procedure that will be used or the choice of procedures available for the professional's choice if a hearing is requested; and
6. State that if a choice of hearing procedures is available, the professional must choose at the time he requests the hearing.
C. If the affected professional requests a hearing on a timely basis, the professional review body must give the professional notice no less than ten (10) days before the hearing of the place, time and date of the hearing, of the witnesses expected to be called against him, and of the exhibits expected to be used against him.
D. At the option of the professional review body, the hearing may be held before:
1. An arbitrator mutually acceptable to the professional and professional review body;
2. A hearing officer appointed by the professional review body provided the hearing officer is not in direct economic competition with the affected professional;
3. A panel of individuals appointed by the professional review body provided the individuals are not in direct economic competition with the affected professional; or
4. The entire professional review body.
E. The professional shall:
1. Have the right to be represented by legal counsel at any stage of the proceedings;
2. Have the right to have a record made of the hearing proceedings, copies of which may be obtained by the professional upon payment of reasonable fees set by the professional review body;
3. Have the right to call, examine and crossexamine witnesses;
4. Have the right to present evidence on his behalf which the arbitrator, hearing officer or chairman of the hearing panel determines is relevant;
5. Have the right to submit a written statement at the conclusion of the hearing;
6. Forfeit his right to a hearing if he fails without good cause shown to attend a properly scheduled hearing for which proper notice has been mailed by certified United States mail, return receipt requested; and
7. Receive a written statement explaining the action or decision not to act of the professional review body.
Added by Laws 1987, c. 78, § 9, eff. Nov. 1, 1987.
§7629. Emergency exception from notice and hearing requirement.
Where failure to act expeditiously may reasonably result in an imminent danger to the public or individual, a professional review body may immediately act to prevent the danger without conducting a prior hearing or giving notice provided that notice and opportunity for hearing must follow the action within three (3) days.
Added by Laws 1987, c. 78, § 10, eff. Nov. 1, 1987.
§76-31. Volunteers, charitable organizations, and not-for-profit corporations - Immunity from civil liability - Limitations.
A. Any volunteer shall be immune from liability in a civil action on the basis of any act or omission of the volunteer resulting in damage or injury if:
1. The volunteer was acting in good faith and within the scope of the volunteer's official functions and duties for a charitable organization or not-for-profit corporation; and
2. The damage or injury was not caused by gross negligence or willful and wanton misconduct by the volunteer.
B. In any civil action against a charitable organization or not-for-profit corporation for damages based upon the conduct of a volunteer, the doctrine of respondeat superior shall apply, notwithstanding the immunity granted to the volunteer in subsection A of this section.
C. Any person who, in good faith and without compensation, or expectation of compensation, donates or loans emergency service equipment to a volunteer shall not be liable for damages resulting from the use of such equipment by the volunteer, except when the donor of the equipment knew or should have known that the equipment was dangerous or faulty in a way which could result in bodily injury, death or damage to property.
D. Definitions.
1. For the purposes of this section, the term "volunteer" means a person who enters into a service or undertaking of the person's free will without compensation or expectation of compensation in money or other thing of value in order to provide a service, care, assistance, advice, or other benefit; provided, being legally entitled to receive compensation for the service or undertaking performed shall not preclude a person from being considered a volunteer.
2. For the purposes of this section, the term "charitable organization" means any benevolent, philanthropic, patriotic, eleemosynary, educational, social, civic, recreational, religious group or association or any other person performing or purporting to perform acts beneficial to the public.
3. For the purposes of this section, the term "not-for-profit corporation" means a corporation formed for a purpose not involving pecuniary gain to its shareholders or members, paying no dividends or other pecuniary remuneration, directly or indirectly, to its shareholders or members as such, and having no capital stock.
E. The provisions of this section shall not affect the liability that any person may have which arises from the operation of a motor vehicle, watercraft, or aircraft in rendering the service, care, assistance, advice or other benefit as a volunteer.
F. The immunity from civil liability provided for by this section shall extend only to the actions taken by a person rendering the service, care, assistance, advice, or other benefit as a volunteer, where such actions are agreed upon in advance by all involved persons to be provided on a volunteer basis. This section shall not be construed to confer any immunity to any person for actions taken by the volunteer prior to or after the rendering of the service, care, assistance, advice, or other benefit as a volunteer.
G. This section shall apply to all civil actions filed after August 25, 1995.
Added by Laws 1995, c. 287, § 3. Amended by Laws 2009, c. 228, § 42, eff. Nov. 1, 2009.
§76-31.3. Oklahoma Health Care Access Act - Volunteer Health Care Provider Program.
A. This act shall be known and may be cited as the “Oklahoma Health Care Access Act”.
B. The State Department of Health is hereby directed to develop a plan to increase access to health care for all Oklahomans through the use of volunteers including, but not limited to, expanding the number of health care volunteers. The plan shall be entitled the “Volunteer Health Care Provider Program”.