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OK SB387

Bill

Status

Introduced

2/7/2011

Primary Sponsor

Josh Brecheen

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Origin

Senate

2011 Regular Session

AI Summary

  • Establishes the Protection Against Sexual Exploitation By a Mental Health Services Provider Act, defining mental health services providers broadly including licensed professionals, students, interns, and unlicensed individuals providing mental health services in Oklahoma.

  • Creates civil liability for mental health services providers engaged in sexual conduct, sexual exploitation, or therapeutic deception with patients or former patients, allowing recovery of actual damages, mental anguish damages, exemplary damages, and attorney fees.

  • Establishes criminal penalties ranging from misdemeanor fines of $5,000 for single acts to felony charges with $20,000 fines for multiple acts with multiple victims.

  • Requires providers and their employers to report suspected sexual exploitation to the prosecuting attorney and relevant state licensing boards within 30 days, with victim anonymity protections and privileged information status for reports.

  • Provides immunity from civil or criminal liability for good-faith reporters while establishing defenses for former patients and defining consent, location, and timing as non-defenses to civil claims; effective November 1, 2011.

Legislative Description

Mental health service providers; creating the Protection Against Sexual Exploitation By a Mental Health Services Provider Act. Codification. Effective date.

Health and Mental Health

Last Action

Referred to Appropriations

2/17/2011

Committee Referrals

Appropriations2/17/2011
Health and Human Services2/8/2011

Full Bill Text

No bill text available