Oklahoma § 22-59 - Immunity from liability – Presumption of good faith

§ 22-59. Immunity from liability – Presumption of good faith

A. Any physician, surgeon, resident, intern, physician’s

assistant, registered nurse, or any other health care professional

examining, attending, or treating the victim of what appears to be

domestic abuse or is reported by the victim to be domestic abuse,

participating in good faith and exercising due care in the making of

a report pursuant to the provisions of the Domestic Abuse Reporting

Act shall have immunity from any liability, civil or criminal, that

might otherwise be incurred or imposed. Any participant shall have

the same immunity with respect to participation in any judicial

proceeding resulting from the report.

B. No physician, surgeon, resident, intern, physician’s

assistant, registered nurse, or any other health care professional

examining, attending, or treating any victim who is over the age of

eighteen (18) years and is not an incapacitated adult of what

appears to be domestic abuse or is reported by the victim to be

domestic abuse, shall not be required to make a report of the

criminally injurious conduct unless requested by the victim to do so

and shall have immunity from liability, civil or criminal, that

might otherwise be incurred or imposed for not making the report.

Any participant shall have the same immunity with respect to

participation in any judicial proceeding resulting from the report.

C. For purposes of any proceeding, civil or criminal, the good

faith of any physician, surgeon, intern, physician’s assistant,

registered nurse, or any other health care professional in making a

report pursuant to the provisions of Section 3 of this act shall be

presumed.

Added by Laws 2005, c. 53, § 4, eff. Nov. 1, 2005.