1. A. When used in the Protective Services for Vulnerable Adults Act:

   1. 1. "Protective services" means services which are necessary to aid a vulnerable adult in meeting the essential requirements for mental or physical health and safety which such person is unable to provide or obtain without assistance and includes services provided to or obtained for such person in order to prevent or remedy the abuse, neglect, or exploitation of such person;
   2. 2. "Services which are necessary to aid an individual to meet essential requirements for mental or physical health and safety" include but shall not be limited to the identification of vulnerable adults in need of the services, the provision of medical care for physical and mental health needs, provision of social services assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, protection from health and safety hazards, protection from physical mistreatment, guardianship referral, outreach and transportation necessary to secure any of such needs. The term shall not include taking the person into physical custody without the consent of the person except as provided for in Section 10-107 of this title, and evaluation, monitoring, and provision of protective placements;
   3. 3. "Meet essential requirements for mental or physical health and safety" means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which physical injury or illness is likely to occur;

   4. 4. "Incapacitated person" means:

      1. a. any person eighteen (18) years of age or older who is impaired by reason of mental or physical illness or disability, dementia or related disease, mental retardation, developmental disability or other cause and whose ability to receive and evaluate information effectively or to make and to communicate responsible decisions is impaired to such an extent that they lack the capacity to manage their financial resources or to meet essential requirements for their mental or physical health or safety without assistance from others, or
      2. b. a person for whom a guardian, limited guardian, or conservator has been appointed pursuant to the Oklahoma guardianship and Conservatorship Act;
   5. 5. " Vulnerable adult" means 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 self, 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 self from abuse, neglect, or exploitation without assistance from others;

   6. 6. "Caretaker" means a person who has:

      1. a. the responsibility for the care of the person or financial management of the resources of the vulnerable adult as a result of a family relationship,
      2. b. assumed the responsibility for the care of the vulnerable adult voluntarily, by contract, or as a result of the ties of friendship, or
      3. c. been appointed a guardian, limited guardian, or conservator pursuant to the Oklahoma Guardianship and Conservatorship Act;
   7. 7. "Department" means the Department of Human Services;
   8. 8. "Abuse" means the intentional infliction of physical pain, injury, sexual abuse or mental anguish or the deprivation of food, clothing, shelter, or medical care to a vulnerable adult by a caretaker or other person responsible for providing these services;
   9. 9. "Exploitation" or "exploit" means an unjust or improper use of the resources of a vulnerable adult for the profit or advantage, pecuniary or otherwise, of a person other than the vulnerable adult through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense; and
   10. 10. "Neglect" means the failure to provide protection for a vulnerable adult who is unable to protect the person's own interest; or the failure to provide adequate shelter or clothing; or the harming or threatening with harm through action or inaction by either another individual or through the person's own action or inaction because of a lack of awareness, incompetence, or incapacity, which has resulted or may result in physical or mental injury; and
   11. 11. "Sexual abuse" means oral, anal, or vaginal penetration by or union with the sexual organ of another, or the anal or vaginal of another by any other object or, for the purpose of sexual gratification, the touching or feeling of the body or private parts of another.
2. B. Nothing in this section shall be construed to mean a vulnerable adult is abused or neglected for the sole reason the vulnerable adult, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the practices of a recognized religious method of healing, for the treatment or cure of disease or remedial care, or a caretaker or other person responsible, in good faith, is furnishing such vulnerable adult spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, for the treatment or cure of disease or remedial care in accordance with the practices of or express consent of the vulnerable adult.

Laws 1977, SB 309, c. 264, § 3, emerg. eff. June 17, 1977; Amended by Laws 1980, HB 1887, c. 238, § 1, eff. October 1, 1980; Amended by Laws 1984, HB 1309, c. 256, § 3, eff. November 1, 1984; Renumbered from 43A O.S. § 803 by Laws 1986, HB 2021, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1994, HB 2601, c. 244, § 1, eff. September 1, 1994; Amended by Laws 1997, HB 1302, c. 195, § 6, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, HB 2252, c. 219, § 2, eff. November 1, 1998 (superseded document available); Amended by Laws 1998, HB 2397, c. 298, § 3, eff. November 1, 1998 (superseded document available).