Oklahoma § 76-5 - Short title — Good Samaritan Act — Responsibility for

§ 76-5. Short title — Good Samaritan Act — Responsibility for

negligence.

A. Everyone is responsible, not only for the result of his or

her willful acts, but also for an injury occasioned to another by

his or her want of ordinary care or skill in the management of his

or her property or person, except so far as the latter has,

willfully or by want of ordinary care, brought the injury upon

himself or herself, 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

Oklahoma Statutes - Title 76. Torts

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, use

of an emergency opioid antagonist to prevent opioid overdose, 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. As used in this paragraph,

“emergency opioid antagonist” means a drug including, but not

limited to, naloxone that blocks the effects of opioids and that is

approved by the United States Food and Drug Administration for the

treatment of an opioid overdose.

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

or her 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 or her 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 or her home or in any other

tangible or identifiable manner that he or she 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

Oklahoma Statutes - Title 76. Torts

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 or her 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 section 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; Laws 2024, c. 45, § 3,

emerg. eff. April 19, 2024.