2019 -- H 5422

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LC001528

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - ELDERLY AFFAIRS

DEPARTMENT

     Introduced By: Representatives Shanley, Casimiro, Mendez, Barros, and Blazejewski

     Date Introduced: February 14, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-66-4.1 of the General Laws in Chapter 42-66 entitled "Elderly

Affairs Department" is hereby amended to read as follows:

     42-66-4.1. Definitions.

     As used in this chapter:

     (1) "Abuse" means physical abuse, sexual abuse, and/or emotional abuse of an elderly

person by a caregiver as defined in subsection (5).

     (a) "Physical abuse" means the willful infliction of physical pain or injury (e.g. slapping,

bruising or restraining) upon an elderly person.

     (b) "Sexual abuse" means the infliction of non-consensual sexual contact of any kind

upon an elderly person. Sexual abuse includes, but is not limited to, sexual assault, rape, sexual

misuse or exploitation of an elder, as well as threats of sexual abuse where the perpetrator has the

intent and the capacity to carry out the threatened abuse.

     (c) "Emotional abuse" means a pattern of willful infliction of mental or emotional harm

upon an elder by threat, intimidation, isolation or other abusive conduct.

     (2) "Exploitation" means the fraudulent or otherwise illegal, unauthorized or improper act

or process of an individual, including, but not limited to, a caregiver or fiduciary, that uses the

resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an

elder of rightful access to, or use of, benefits, resources, belongings, or assets by use of undue

influence, harassment, duress, deception, false representation or false pretenses.

     (3) "Neglect" means the willful failure by a caregiver or other person with a duty of care

to provide goods or services necessary to avoid physical harm, mental harm or mental illness to

an elderly person, including, but not limited to, "abandonment" (withdrawal of necessary

assistance) and denial of food or health related services.

     (4) "Willful" means intentional, conscious and directed toward achieving a purpose.

     (5)(4) "Caregiver" means a person who has assumed the responsibility for the care of the

elderly person voluntarily, by contract or by order of a court of competent jurisdiction, or who is

otherwise legally responsible for the care of the elderly person.

     (6)(5) "Self-neglect" means a pattern of behavior in an elderly person that directly,

imminently and significantly threatens his/her own health and/or, safety. Self-neglect includes,

but is not limited to, an inability or an incapacity to provide self with food, water, shelter, or

safety to the point of establishing imminent risk of any of the harm(s) described in the

immediately preceding sentence.

     (7)(6) "Protective services" means services and/or action intended to prevent and/or

alleviate the abuse, neglect, exploitation or self-neglect of elderly persons. Protective services

may include supervision, counseling, and assistance in securing health and supportive services,

safe living accommodations and legal intervention.

     (8)(7) "Elderly person" or "elder" means any person sixty (60) years of age or older.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - ELDERLY AFFAIRS

DEPARTMENT

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     This act would eliminate the requirement of proving willfulness, regarding physical or

emotional abuse, or neglect, of an elderly person.

     This act would take effect upon passage.

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