Read the full stored bill text
ENGR. S. B. NO. 1426 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED SENATE
BILL NO. 1426 By: Daniels of the Senate
and
Roe of the House
An Act relating to vulnerable adults; amending 43A
O.S. 2021, Sections 10-104 and 10-105.1, as amended
by Sections 5 and 7, Chapter 215, O.S.L. 2025 (43A
O.S. Supp. 2025, Sections 10-104 and 10-105.1), which
relate to protective services for vulnerable adults;
limiting certain reporting duties to substantiated
findings; amending 43A O.S. 2021, Section 10-110.1,
which relates to public disclosure; limiting certain
disclosure to substantiated findings; updating
statutory language; updating statutory reference;
repealing 43A O.S. 2021, Section 10-104, as amended
by Section 3, Chapter 332, O.S.L. 2003, which relates
to investigations; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Section 10-104, as
amended by Section 5, Chapter 215, O.S.L. 2025 (43A O.S. Supp. 2025,
Section 10-104), is amended to read as follows:
Section 10-104. A. Any person having reasonable cause to
believe that a vulnerable adult is suffering from abuse, neglect, or
ENGR. S. B. NO. 1426 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
exploitation shall make a report as soon as the person is aware of
the situation to:
1. The Department of Human Services;
2. The Office of Client Advocacy within the State Department of
Health; or
3. The municipal police department or sheriff’s office in the
county in which the suspected abuse, neglect, or exploitation
occurred.
B. Persons required to make reports pursuant to this section
shall include, but not be limited to:
1. Physicians;
2. Operators of emergency response vehicles and other medical
professionals;
3. Social workers and mental health professionals;
4. Law enforcement officials;
5. Staff of domestic violence programs;
6. Long-term care facility personnel, including staff of
nursing facilities, intermediate care facilities for individuals
with intellectual disabilities (ICFs/IID), assisted living
facilities, and residential care facilities;
7. Other health care professionals;
8. Persons entering into transactions with a caretaker or other
person who has assumed the role of financial management for a
vulnerable adult;
ENGR. S. B. NO. 1426 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
9. Staff of residential care facilities, group homes, or
employment settings for individuals with intellectual disabilities;
10. Job coaches, community service workers, and personal care
assistants; and
11. Municipal employees.
C. 1. If the report is not made in writing in the first
instance, as soon as possible after it is initially made by
telephone or otherwise, the report shall be reduced to writing by
the Department of Human Services in accordance with rules
promulgated by the Director of Human Services, by the Office of
Client Advocacy in accordance with rules promulgated by the State
Commissioner of Health, or by the local municipal police or
sheriff’s department, whichever entity received the initial report.
The report shall contain the following information:
a. the name and address of the vulnerable adult,
b. the name and address of the caretaker, guardian, or
person having power of attorney over the vulnerable
adult’s resources if any,
c. a description of the current location of the
vulnerable adult,
d. a description of the current condition of the
vulnerable adult, and
ENGR. S. B. NO. 1426 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
e. a description of the situation which may constitute
abuse, neglect, or exploitation of the vulnerable
adult.
2. If federal law specifically prohibits the disclosure of any
of the information required by this subsection, that information may
be excluded from the report.
D. 1. If the initial report is made to the local municipal
police department or sheriff’s office, such police department or
sheriff’s office shall notify, as soon as possible, the Department
of Human Services and the Office of Client Advocacy of its
investigation.
2. If, at any point after the initial report, the Department of
Human Services or the Office of Client Advocacy discovers that it is
not the appropriate state entity for the investigation as defined in
Section 10-103 of this title, it shall refer the matter to and share
the initial report with the appropriate state entity.
E. Any person who knowingly and willfully fails to promptly
report any abuse, neglect, or exploitation as required by the
provisions of subsection A of this section, upon conviction, shall
be guilty of a misdemeanor punishable by imprisonment in the county
jail for a term not exceeding one (1) year or, by a fine of not more
than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
ENGR. S. B. NO. 1426 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
F. 1. Any person participating in good faith and exercising
due care in the making of a report pursuant to the provisions of
this section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed. Any such
participant shall have the same immunity with respect to
participation in any judicial proceeding resulting from the report.
2. The same immunity from any civil or criminal liability shall
also be extended to previous employers of a person employed to be
responsible for the care of a vulnerable adult, who in good faith
report to new employers or prospective employers of such caretaker
any misconduct of the caretaker including, but not limited to,
abuse, neglect, or exploitation of a vulnerable adult, whether
confirmed or not.
G. Any person who willfully or recklessly makes a false report
shall be civilly liable for any actual damages suffered by the
person being reported and for any punitive damages set by the court
or jury which may be allowed in the discretion of the court or jury.
H. 1. Every physician or other health care professional making
a report concerning the abuse, neglect, or exploitation of a
vulnerable adult, as required by this section, or examining a
vulnerable adult to determine the likelihood of abuse, neglect, or
exploitation, and every hospital in which a vulnerable adult is
examined or treated for abuse, neglect, or exploitation shall
disclose necessary health information related to the case and
ENGR. S. B. NO. 1426 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
provide, upon request by either the Department of Human Services,
the Office of Client Advocacy, or the local municipal police or
sheriff’s department receiving the initial report, copies of the
results or the records of the examination on which the report was
based, and any other clinical notes, x-rays, or photographs and
other health information which is related to the case if:
a. the vulnerable adult agrees to the disclosure of the
health information, or
b. the individual is unable to agree to the disclosure of
health information because of incapacity, and:
(1) the requesting party represents that the health
information for which disclosure is sought is not
intended to be used against the vulnerable adult
in a criminal prosecution but to provide
protective services pursuant to the Protective
Services for Vulnerable Adults Act,
(2) the disclosure of the information is necessary to
conduct an investigation into the alleged abuse,
neglect, or exploitation of the vulnerable adult
subject to the investigation, and
(3) immediate enforcement activity that depends upon
the disclosure:
ENGR. S. B. NO. 1426 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(a) is necessary to protect the health, safety,
and welfare of the vulnerable adult because
of incapacity, or
(b) would be materially and adversely affected
by waiting until the vulnerable adult is
able to agree to the disclosure.
2. If federal law specifically prohibits the disclosure of any
of the information required by this subsection, that information may
be excluded from the disclosed health information.
I. After investigating the report, either the county office of
the appropriate state entity or the municipal police department or
sheriff’s office, as appropriate, shall forward its any
substantiated findings to the office of the district attorney in the
county in which the suspected abuse, neglect, or exploitation
occurred. Unsubstantiated findings shall be labeled as such before
transmission to the office of the district attorney. Findings of
self-neglect shall not be forwarded to the office of the district
attorney unless similar findings were reported within six (6) months
prior.
J. Any state or county medical examiner or physician who has
reasonable cause to suspect that the death of any vulnerable adult
may be the result of abuse or neglect as defined by Section 10-103
of this title shall make a report to the district attorney or other
law enforcement official of the county in which the death occurred.
ENGR. S. B. NO. 1426 Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
The report shall include the name of the person making the report,
the name of the deceased person, the facts or other evidence
supporting such suspicion, and any other health information that may
be of assistance to the district attorney in conducting an
investigation into the matter.
K. No employer shall terminate the employment of, prevent or
impair the practice or occupation of, or impose any other sanction
on any employee solely for the reason that the employee made or
caused to be made a report or cooperated with an investigation
pursuant to the Protective Services for Vulnerable Adults Act. A
court, in addition to other damages and remedies, may assess
reasonable attorney fees against an employer who has been found to
have violated the provisions of this subsection.
SECTION 2. AMENDATORY 43A O.S. 2021, Section 10-105.1,
as amended by Section 7, Chapter 215, O.S.L. 2025 (43A O.S. Supp.
2025, Section 10-105.1), is amended to read as follows:
Section 10-105.1. A. As soon as possible after initiating an
investigation of a referral regarding a vulnerable adult, the
appropriate state entity shall provide to the caretaker of the
alleged victim, the legal guardian, and next of kin of the
vulnerable adult notification including a brief oral summary and
easily understood written description of the investigation process,
whether or not the caretaker, guardian, or next of kin is alleged to
ENGR. S. B. NO. 1426 Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
be the perpetrator of the abuse, neglect or exploitation of the
vulnerable adult.
B. If the vulnerable adult retains capacity to consent to
voluntary services, and does not wish for a caretaker or next of kin
to receive notification of the investigation, the appropriate state
entity shall abide by wishes of the vulnerable adult.
C. The notification specified by subsection A of this section
shall include:
1. A statement that the investigation is being undertaken by
the appropriate state entity pursuant to the requirements of the
Protective Services for Vulnerable Adults Act in response to a
report of abuse, neglect, or exploitation and shall include the name
and office telephone number of the appropriate state entity’s
representative with primary responsibility for the investigation;
2. A statement that the identity of the person who reported the
incident of abuse is confidential and may not even be known to the
Department since the report could have been made anonymously;
3. A statement that the investigation is required by law to be
conducted in order to enable the appropriate state entity to
identify incidents of abuse, neglect, or exploitation in order to
provide protective or preventive social services to vulnerable
adults who are in need of such services;
ENGR. S. B. NO. 1426 Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. An explanation of the procedures of the appropriate state
entity for conducting an investigation of alleged abuse, neglect, or
exploitation, including:
a. a statement that the alleged victim of abuse, neglect,
or exploitation is the appropriate state entity’s
primary client in such an investigation,
b. a statement that substantiated findings of all
investigations resulting from an investigation are
provided to the office of the district attorney, and
c. a statement that law enforcement may conduct a
separate investigation to determine whether a criminal
violation occurred;
5. An explanation of services which may be provided as a result
of the appropriate state entity’s investigation, including:
a. a statement that the caretaker, legal guardian, and
next of kin will be involved in the process of
developing a plan of services for the vulnerable adult
insofar as that involvement is consistent with the
best interests of the vulnerable adult,
b. a statement that voluntary services may be provided or
arranged for based on the adult client’s needs,
desires, and acceptance, and
c. a statement that involuntary services may be provided
through the judicial system when immediate services
ENGR. S. B. NO. 1426 Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
are needed to preserve the life of the vulnerable
adult and physical health or preserve the resources of
the vulnerable adult which may later be needed to
provide care for the vulnerable adult;
6. A statement that, upon completion of the investigation, the
identified caretaker, legal guardian, and next of kin will receive a
letter from the appropriate state entity which will inform such
caretaker, legal guardian, and next of kin:
a. that the Department has found insufficient evidence of
abuse, neglect, or exploitation,
b. that there appears to be probable cause to suspect the
existence of abuse, neglect, or exploitation in the
judgment of the Department, and
c. of the recommendations of the appropriate state entity
concerning the vulnerable adult;
7. The procedures concerning the process the caretaker, legal
guardian, and next of kin may use to acquire access to the
vulnerable adult in the event the vulnerable adult is removed from
the residence of the vulnerable adult and the circumstances under
which access may be obtained;
8. The procedures to follow if there is a complaint regarding
the actions of the appropriate state entity and the procedures to
request a review of the findings made by the appropriate state
entity during or at the conclusion of the investigation;
ENGR. S. B. NO. 1426 Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
9. Information specifying that if the caretaker, legal
guardian, and next of kin of the vulnerable adult have any questions
as to their legal rights, that such persons have a right to seek
legal counsel;
10. References to the statutory and regulatory provisions
governing abuse, neglect, or exploitation and how the caretaker,
legal guardian, and next of kin may obtain copies of those
provisions; and
11. An explanation that the caretaker, legal guardian, and next
of kin may review specific information gathered during the
investigation and pertaining to the service needs of the vulnerable
adult subject to the requirements and exceptions provided in Section
10-110 of this title.
SECTION 3. AMENDATORY 43A O.S. 2021, Section 10-110.1,
is amended to read as follows:
Section 10-110.1. A. For purposes of this section:
1. “Near death” means the vulnerable adult is in serious or
critical condition, as certified by a physician, as a result of
abuse or neglect; and
2. “Vulnerable adult” shall be defined as provided in Section
10-103 of Title 43A of the Oklahoma Statutes this title.
B. When a person responsible for the care of a vulnerable adult
has been charged by information or indictment with committing a
crime resulting in the death or near death of the vulnerable adult,
ENGR. S. B. NO. 1426 Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
there shall be a presumption that the best interest of the public is
served by public disclosure of certain information concerning:
1. The circumstances of the investigation of the death or near
death of the vulnerable adult; and
2. Any other investigations concerning that vulnerable adult,
or other vulnerable adults living in the same facility, or involving
an individual provider of services to vulnerable adults, within:
a. three (3) years of before the death or near death, and
b. one (1) year after the death or near death.
C. 1. At any time subsequent to seven (7) days of the date the
person providing care to the vulnerable adult has been criminally
charged, the Department of Human Services Adult Protective Services
Division, the district attorney, the district court clerk, and the
judge having jurisdiction over the case, upon request, shall release
certain information to the public as follows:
a. a confirmation shall be provided by the Department as
to whether a report has been made concerning the
alleged victim or other vulnerable adults while living
in the same household or facility and whether an
investigation has begun,
b. confirmation shall be provided by the Department as to
whether previous reports have been made and the dates
thereof, a summary of those previous reports, the
dates and outcome of any investigations or actions
ENGR. S. B. NO. 1426 Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
taken by the Department in response to a previous
report of abuse or neglect of vulnerable adults, and
the specific recommendation made to the district
attorney when a substantiated finding was present, and
any subsequent action taken by the district attorney,
c. the dates of any judicial proceedings prior to the
death or near death of the vulnerable adult,
d. recommendations submitted by each participant in
writing at the judicial proceedings including
recommendation recommendations made at the hearing as
they relate to appropriate placement of a vulnerable
adult, and
e. the rulings of the court.
2. Specific recommendations made and services rendered by the
Department of Human Services Adult Protective Services Division
described in any progress reports of a pending case submitted to the
court may be disclosed by the Department.
D. Any disclosure of information pursuant to this section shall
not identify or provide an identifying description of any
complainant or reporter of vulnerable adult abuse or neglect, and
shall not identify the name of other vulnerable adults in the
household or facility, the person responsible for the care of the
vulnerable adult, or any other member of the facility or household,
other than the person criminally charged.
ENGR. S. B. NO. 1426 Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 4. REPEALER 43A O.S. 2021, Section 10-104, as
amended by Section 3, Chapter 332, O.S.L. 2003, is hereby repealed.
SECTION 5. This act shall become effective November 1, 2026.
Passed the Senate the 5th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives