SECTION 340:105-11-246. Liability and legal counsel

  The Older Americans Act of 1965, as amended, and Section 1-2214 of Title 63 of the Oklahoma Statutes provide protections for designated representatives of the Office of State Long-Term Care Ombudsman (Office).

(1)   For purposes of the Governmental Tort Claims Act, any state, area, or local volunteer long-term care ombudsman is deemed to be an employee of this state and not personally liable for any act or omission made within the scope of employment, as such term is defined by the Governmental Tort Claims Act.

(2)   The Oklahoma Department of Human Services ensures that adequate legal counsel is available to the Office for advice and consultation.

(3)   Legal representation is provided to any representative of the Office against whom suit or other legal action is brought in connection with any act or omission of a representative made within the scope of employment.

(4)   Any representative of the Office who wishes to request legal advice, consultation, or representation contacts the Office.

[Source: Added at 9 Ok Reg 2431, eff 6-25-92; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 24 Ok Reg 1325, eff 6-1-07]