Okla. Stat. » Title 63 — PUBLIC HEALTH AND SAFETY
Oklahoma Statutes

Okla. Stat. tit. 63, § 1-1939 (2026)

Liability to residents - Injunctive and declaratory

✓ current as of July 2026
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relief - Damages - Waiver of rights - Jury trial - Retaliation against residents - Immunity - Report of abuse or neglect and other serious incidents. A. The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident. In addition, any state employee that aids, abets, assists, or conspires with an owner or licensee to perform an act that causes injury to a resident shall be individually liable. B. A resident may maintain an action under the Nursing Home Care Act for any other type of relief, including injunctive and declaratory relief, permitted by law. C. Any damages recoverable under this section, including minimum damages as provided by this section, may be recovered in any action which a court may authorize to be brought as a class action. The remedies provided in this section, are in addition to and cumulative with any other legal remedies available to a resident.

Exhaustion of any available administrative remedies shall not be required prior to commencement of suit hereunder. D. Any waiver by a resident or the legal representative of the resident of the right to commence an action under this section, whether oral or in writing, shall be null and void, and without legal force or effect. E. Any party to an action brought under this section shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an action, shall be null and void, and without legal force or effect. F. A licensee or its agents or employees shall not transfer, discharge, evict, harass, dismiss or retaliate against a resident, a resident's guardian or an employee or agent who makes a report, brings, or testifies in, an action under this section, or files a complaint because of a report, testimony or complaint. G. Any person, institution or agency, under the Nursing Home Care Act, participating in good faith in the making of a report, or in the investigation of such a report shall not be deemed to have violated any privileged communication and shall have immunity from any liability, civil or criminal, or any other proceedings, civil or criminal, as a consequence of making such report. The good faith of any persons required, or permitted to report cases of suspected resident abuse or neglect under this act shall be presumed. H. A facility employee or agent who becomes aware of abuse, neglect or exploitation of a resident prohibited by the Nursing Home Care Act shall immediately report the matter to the facility administrator. A facility administrator who becomes aware of abuse, neglect, or exploitation of a resident shall immediately act to rectify the problem and shall make a report of the incident and its correction to the Department. I. 1. The facility shall be responsible for reporting the following serious incidents to the Department within twenty-four (24) hours: a. communicable diseases, b. deaths by unusual occurrence, including accidental deaths or deaths other than by natural causes, and deaths that may be attributed to a medical device, c. missing residents. In addition, the facility shall make a report to local law enforcement agencies within two (2) hours if the resident is still missing, d. situations arising where a rape or a criminal act is suspected. Such situations shall also be reported to local law enforcement immediately. The facility shall make every effort to preserve the scene of the suspected rape or crime until local law enforcement has arrived, and

e. resident abuse, neglect and misappropriation of the property of a resident. 2. All other incident reports shall be made in accordance with federal law. 3. All initial written reports of incidents or situations shall be mailed to the Department within five (5) working days after the incident or situation. The final report shall be filed with the Department when the full investigation is complete. Added by Laws 1980, c. 241, § 39, eff. Oct. 1, 1980. Amended by Laws 2003, c. 429, § 2, emerg. eff. June 6, 2003; Laws 2010, c. 221, § 1, eff. Nov. 1, 2010.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2002–2025 · leading case: Fanning v. Brown, 2004 OK 7, 85 P.3d 841.
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Fanning v. Brown, 2004 OK 7, 85 P.3d 841. “” 63 O.S.Supp.2003, § 1-1939(A). 4 ¶ 6 The NHCA defines “owner” as “[a] person, corporation, partnership, association, or other entity which owns a facility or leases a facility.”
Boler v. Sec. Health Care, L.L.C., 2014 OK 80, 336 P.3d 468. “63 O.S. § 1-1939(B),(C). ¶9 Wrongful death claims were not cognizable at common law; the right of action for personal injury stood extinguished by the death of the injured party.”
Fosler v. Midwest Care Ctr. II, Inc., 928 N.E.2d 1 (Ill. App. Ct. 2d Dist. 2010). “at 1, quoting Okla. Stat. tit. 63, § 1-1939 (E)(). The court held that "[t]he Oklahoma statute thus invalidates arbitration agreements in a specific type of contracts—those involving nursing home care.”
Price v. TLC Health Care, Inc., 2004 OK 8, 85 P.3d 838. “” Okla. Stat. tit 63, § 1-1939(A). This provision is a special rule of the common law doctrine of respondeat superior.”
Weaver v. Doe, 2016 OK CIV APP 30. · cites it 8× “Title 63 O.S.2011 § 1-1939 provides, in part: A.”
Osborn Ex Rel. Osborn v. Brookdale Senior Living, Inc., 2010 OK CIV APP 115, 241 P.3d 674. “§ 1-1939(D) of the Nursing Home Care Act applies to Assisted Living Centers through Article 8 of Title 63, entitled `Residential Care Act,' because assisted living centers fall under the definition of `residential care home' provided in the Residential Care Act.”
Beverly Thompson, Next Friend of Charlene Hughes, an Individual v. Heartway Corp., 2025 OK 65, 579 P.3d 622. · cites it 2× “63 O.S.2021, §1-1939 ¶19 Against this backdrop, we must examine whether the NHCA is preempted by the FAA under the facts of this case.”
Question Submitted by: Sec'y Terry Cline, Ph.D., Sec'y of Health & Human Servs., 2017 OK AG 5 (Okla. Att’y Gen. 2017). “(quoting 63 O.S.Supp.2003, § 1-1939(A)) (alteration in original).”
Peak Med. Oklahoma No. 5, Inc. v. Collins, 237 F. Supp. 2d 1287 (N.D. Okla. 2002). “Okla. Stat. tit. 63, § 1-1939 . In contrast, Section 2 of the FAA provides, in pertinent part, that: A written provision in .”
Boler v. Sec. Health Care, L.L.C., 2014 OK 80. “63 O.S. § 1-1939(B),(C). ¶9 Wrongful death claims were not cognizable at common law; the right of action for personal injury stood extinguished by the death of the injured party.”
Johnson v. Convalescent Ctr. of Grady Cnty. LLC, 2014 OK 102. “, Kauger, Watt, Taylor, Combs, Gurich, JJ. Dissent: Winchester, J.”
Okla. Stat. tit. 63, § 1-1939(A): 3 cases
Fanning v. Brown, 2004 OK 7, 85 P.3d 841. “” 63 O.S.Supp.2003, § 1-1939(A). 4 ¶ 6 The NHCA defines “owner” as “[a] person, corporation, partnership, association, or other entity which owns a facility or leases a facility.”
Price v. TLC Health Care, Inc., 2004 OK 8, 85 P.3d 838. “” Okla. Stat. tit 63, § 1-1939(A). This provision is a special rule of the common law doctrine of respondeat superior.”
Question Submitted by: Sec'y Terry Cline, Ph.D., Sec'y of Health & Human Servs., 2017 OK AG 5 (Okla. Att’y Gen. 2017). “(quoting 63 O.S.Supp.2003, § 1-1939(A)) (alteration in original).”
Okla. Stat. tit. 63, § 1-1939(B): 2 cases
Boler v. Sec. Health Care, L.L.C., 2014 OK 80, 336 P.3d 468. “63 O.S. § 1-1939(B),(C). ¶9 Wrongful death claims were not cognizable at common law; the right of action for personal injury stood extinguished by the death of the injured party.”
Boler v. Sec. Health Care, L.L.C., 2014 OK 80. “63 O.S. § 1-1939(B),(C). ¶9 Wrongful death claims were not cognizable at common law; the right of action for personal injury stood extinguished by the death of the injured party.”
Okla. Stat. tit. 63, § 1-1939(D): 2 cases
Weaver v. Doe, 2016 OK CIV APP 30. “Title 63 O.S.2011 § 1-1939 provides, in part: A.”
Osborn Ex Rel. Osborn v. Brookdale Senior Living, Inc., 2010 OK CIV APP 115, 241 P.3d 674. “§ 1-1939(D) of the Nursing Home Care Act applies to Assisted Living Centers through Article 8 of Title 63, entitled `Residential Care Act,' because assisted living centers fall under the definition of `residential care home' provided in the Residential Care Act.”
Okla. Stat. tit. 63, § 1-1939(D)(E): 1 case
Johnson v. Convalescent Ctr. of Grady Cnty. LLC, 2014 OK 102. “, Kauger, Watt, Taylor, Combs, Gurich, JJ. Dissent: Winchester, J.”
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