2019 -- H 5573

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LC001788

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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 HEALTH AND SAFETY -- ABUSE IN HEALTH CARE FACILITIES

     Introduced By: Representatives Bennett, Jacquard, Edwards, Diaz, and Shanley

     Date Introduced: February 27, 2019

     Referred To: House Health, Education & Welfare

     (Dept. of Elderly Affairs)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-17.8-2 of the General Laws in Chapter 23-17.8 entitled "Abuse

in Health Care Facilities" is hereby amended to read as follows:

     23-17.8-2. Duty to report.

     (a) Any physician, physician assistant, medical intern, registered nurse, licensed practical

nurse, nurse's aide, orderly, certified nursing assistant, medical examiner, dentist, optometrist,

optician, chiropractor, podiatrist, coroner, police officer, probation officer, emergency medical

technician, fire-fighter, speech pathologist, audiologist, social worker, pharmacist, physical or

occupational therapist, or health officer, or any person, within the scope of their employment at a

facility or in their professional capacity, who has knowledge of or reasonable cause to believe that

a patient or resident in a facility has been abused, mistreated, or neglected, either while in the

facility or prior to being admitted, shall make, within twenty-four (24) hours or by the end of the

next business day, a telephone report to the director of the department of health or his or her

designee for those incidents involving health care facilities, and in addition to the office of the

state long-term care ombudsperson for those incidents involving nursing facilities, assisted living

residences, home-care and home nursing-care providers, veterans' homes and long-term care units

in Eleanor Slater Hospital, or to the director of the department of behavioral healthcare,

developmental disabilities and hospitals or his or her designee for those incidents involving

community residences for people who are mentally retarded or persons with developmental

disabilities or the director of the division on elderly affairs for individuals aged sixty (60) years or

older. The report shall contain:

     (1) The name, address, telephone number, occupation, and employer's address and the

phone number of the person reporting;

     (2) The name and address of the patient or resident who is believed to be the victim of the

abuse, mistreatment, or neglect;

     (3) The details, observations, and beliefs concerning the incident(s);

     (4) Any statements regarding the incident made by the patient or resident and to whom

they were made;

     (5) The date, time, and place of the incident;

     (6) The name of any individual(s) believed to have knowledge of the incident;

     (7) The name of any individual(s) believed to have been responsible for the incident;

     (8) The name of the individual’s caregiver, if known;

     (9) Any medical treatment being received if immediately required and need to coordinate

care, if known;

     (10) Any other information the reporter believes relevant to the investigation; and

     (11) The name and address of the reporter and where the reporter can be contacted. The

reporter's identity shall remain confidential unless disclosure is consented to by the reporter or by

court order.

     (b) In addition to those persons required to report pursuant to this section, any other

person may make a report if that person has reasonable cause to believe that a patient or resident

of a facility has been abused, mistreated, or neglected. Additional provisions for the reporting of

abuse of individuals regardless of where they reside in the community are set forth in § 42-66-8.

     (c) Any person required to make a report pursuant to this section shall be deemed to have

complied with these requirements if a report is made to a high managerial agent of the facility in

which the alleged incident occurred. Once notified, the high managerial agent shall be required to

meet all reporting requirements of this section within the time frames specified by this chapter.

     (d) Telephone reports made pursuant to subsection (a) this section shall be followed-up

within three (3) business days with a written report.

     (e) Individuals required to report pursuant to this section shall, whenever practical and if

known, provide the division of elderly affairs twenty-four (24) hour notice of the discharge from

a facility, of any person subject to abuse or neglect and shall include any relevant address and

telephone number(s).

     (f) No person required to report pursuant to this section shall be liable in any civil or

criminal action by reason of the report; provided, however, that the person did not perpetrate,

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inflict or cause the abuse. No employer or supervisor may discharge, demote, transfer, reduce

pay, benefits or work privileges, prepare a negative work performance evaluation, or take any

other action detrimental to an employee or supervisee who files a report in accordance with the

provisions of this section by reason of the report.

     SECTION 2. Section 42-66-8 of the General Laws in Chapter 42-66 entitled "Elderly

Affairs Department" is hereby amended to read as follows:

     42-66-8. Abuse, neglect, exploitation and self-neglect of elderly persons -- Duty to

report.

     (a) Any person who has reasonable cause to believe that any person sixty (60) years of

age or older has been abused, neglected, or exploited, or is self-neglecting, shall make an

immediate report to the director of the department division of elderly affairs, or his or her

designee, or and appropriate law enforcement personnel. This section applies to any person sixty

(60) years of age or older regardless of where he or she lives in the community.

     (b) Any physician, physician assistant, medical intern, registered nurse, licensed practical

nurse, nurse's aide, orderly, certified nursing assistant, medical examiner, dentist, optometrist,

optician, chiropractor, podiatrist, coroner, police officer, probation officer ,emergency medical

technician, firefighter, speech pathologist, audiologist, social worker, pharmacist, physical or

occupational therapist, or health officer, who has reasonable cause to believe that any person sixty

(60) years of age or older has been abused, neglected, or exploited, or is self-neglecting, shall

make an immediate report to the director of the division of elderly affairs, or designee, and

appropriate law enforcement personnel. This section applies to any person sixty (60) years of age

or older regardless of where he or she lives in the community. Reporting requirements relating to

individuals in health care facilities are further set forth in § 23-17.8-2. The report pursuant to this

section shall contain:

     (1) The name, address, telephone number, occupation, and employer's address and the

phone number of the person reporting;

     (2) The name and address of the patient or resident who is believed to be the victim of the

abuse, mistreatment, or neglect;

     (3) The details, observations, and beliefs concerning the incident(s);

     (4) Any statements regarding the incident made by the patient or resident and to whom

they were made;

     (5) The date, time, and place of the incident;

     (6) The name of any individual(s) believed to have knowledge of the incident;

     (7) The name of any individual(s) believed to have been responsible for the incident;

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     (8) The name of the individual’s caretaker, if known;

     (9) Any medical treatment being received if immediately required and need to coordinate

care, if known;

     (10) Any other information the reporter believes relevant to the investigation; and

     (11) The name and address of the reporter and where the reporter can be contacted.

Reporter's identity shall remain confidential unless disclosure is consented to by the reporter or

by court order.

     (c) Individuals required to report pursuant to the provisions of subsection (b) of this

section shall, whenever practical and if known, provide twenty-four (24) hour notice of discharge

to the department and shall include the address and telephone number of the individual being

discharged.

     (d) In cases of abuse, neglect, or exploitation, any person who fails to make the report

shall be punished by a fine of not more than one thousand dollars ($1,000). Nothing in this

section shall require an elder who is a victim of abuse, neglect, exploitation or who is self-

neglecting, to make a report regarding such abuse, neglect, exploitation, or self-neglect to the

director or his or her designee or appropriate law enforcement personnel.

     (e) No person required to report pursuant to the provisions of this section shall be liable

in any civil or criminal action by reason of the report; provided, however, that such person did not

perpetrate, inflict or cause said abuse. No employer or supervisor may discharge, demote,

transfer, reduce pay, benefits or work privileges, prepare a negative work performance evaluation,

or take any other action detrimental to an employee or supervisee who files a report in accordance

with the provisions of this section by reason of such report.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- ABUSE IN HEALTH CARE FACILITIES

***

     This act would expand the duty to report abuse in health care facilities to physician

assistants and probation officers. It would expand the contents of any report to include additional

relevant information and would include certain reporting requirements in the elderly affairs

departments duty to report abuse of elderly requirement.

     This act would take effect upon passage.

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