Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
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Okla. Stat. Ann. tit. 43A § 10-103(5).
Okla. Stat. tit. 43A § 10-103(4)
Okla. Admin. Code § 660: 11-15-2(a), (b), (d), (f).
(Mandated? Permissive?)
Any person. (Mandated)
A broker-dealer or investment advisor. (Mandated)
(Y/N)
Yes, a broker-dealer or investment advisor may delay. Okla. Admin. Code § 660: 11-15-2(d).
Any temporary hold of a transaction or disbursement of funds or securities as authorized by this subsection will expire upon the earlier of: (A) a determination by the broker-dealer or investment adviser that the transaction or disbursement of funds or securities will not result in financial exploitation of the protected adult; or (B) not later than fifteen business days after the date on which the broker-dealer or investment adviser first placed the temporary hold on the transaction or disbursement of funds or securities, unless the broker-dealer or investment adviser’s internal review of the facts and circumstances supports its reasonable belief that financial exploitation of the protected adult has occurred, is occurring, has been attempted, or will be attempted, in which case the broker-dealer or investment adviser may extend the temporary hold to not later than twenty-five business days after the date the broker-dealer or investment adviser first placed the temporary hold on the transaction or disbursement of the funds or securities; or (C) at any time, an agency of competent jurisdiction or a court of competent jurisdiction may terminate or extend a temporary hold authorized by this subsection. Okla. Admin. Code § 660: 11-15-2(d)(2)(A)-(C).
Any person having reasonable cause to believe that a vulnerable adult is suffering from abuse, neglect, or exploitation. Okla. Stat. Ann. tit. 43A § 10-104(A).
Persons required to make reports pursuant to this section shall include, but not be limited to: physicians; operators of emergency response vehicles and other medical professionals; social workers and mental health professionals; law enforcement officials; staff of domestic violence programs; long-term care facility personnel; other health professionals; Persons entering into transactions with a caretaker or other person who has assumed the role of financial management for a vulnerable adult; Staff of residential care facilities, group homes, or employment settings for individuals with developmental disabilities; Job coaches, community service workers, and personal care assistants; Municipal employees. Okla. Stat. Ann. tit. 43A §10-104(B).
As required by the Protective Services for Vulnerable Adults Act in Title 43A of the Oklahoma Statutes, if a broker-dealer or investment adviser reasonably believes that financial exploitation of a protected adult in this state has occurred, is occurring, may have been attempted, is being attempted, or will be attempted, the broker-dealer or investment adviser shall promptly notify one or more of the Agencies. Okla. Admin. Code § 660: 11-15-2(b).
Vulnerable Adult: An individual who is an incapacitated person or who, because of physical or mental disability, incapacity, or other disability, is substantially impaired in the ability to provide adequately for the care or custody of himself or herself, or is unable to manage his or her property and financial affairs effectively, or to meet essential requirements for mental or physical health or safety, or to protect himself or herself from abuse, verbal abuse, neglect, or exploitation without assistance from others. Okla. Stat. Ann. tit. 43A, § 10-103(5).
Incapacitated Person: Means any person eighteen (18) years of age or older: (1) who is impaired by reason of mental or physical illness or disability, dementia or related disease, developmental or intellectual disability or other cause, and (2) whose ability to receive and evaluate information effectively or to make and to communicate responsible decisions is impaired to such an extent that such person lacks the capacity to manage his or her financial resources or to meet essential requirements for his or her mental or physical health or safety without assistance from others, or b. a person for whom a guardian, limited guardian, or conservator has been appointed pursuant to the Oklahoma Guardianship and Conservatorship Act. Okla. Stat. tit. 43A, § 10-103(4).
Protected Adult: Means (A) an individual 62 years of age or older; or (B) an incapacitated person or a vulnerable adult as such terms are defined in the Protective Services for Vulnerable Adults Act in Title 43A of the Oklahoma Statutes. Okla. Admin. Code § 660: 11-15-2(a)(4).
Yes.
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. Okla. Stat. Ann. tit. 43A § 10-104(F)(1).
A broker-dealer or investment adviser that, in good faith and exercising reasonable care, complies with this section shall be immune from any administrative liability imposed through an action by the Department that might otherwise arise from a disclosure, placing a temporary hold on a transaction or disbursement of funds or securities, or providing access to records in accordance with this section. Okla. Admin. Code § 660: 11-15-2(f).
** See Senior Safe Act
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