law19107

Chapter 107

2019 -- H 5573 AS AMENDED
Enacted 07/08/2019

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

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 firefighter, 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 healthcare 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 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.

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 office of health aging division of elderly affairs twenty-four (24) hour (24)

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,

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 appropriate law enforcement personnel.. The division of elderly affairs may then

notify law enforcement if appropriate. 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 his or her designee.

The division of elderly affairs may then notify law enforcement if appropriate. 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;

(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. The

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

reporter or by court order.

section shall, whenever practical and if known, provide twenty-four (24) hour (24) 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. of the division of

elderly affairs, or his or her designee. The division of elderly affairs may then notify law

enforcement if appropriate.

(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 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 such report.

SECTION 3. This act shall take effect upon passage.

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LC001788

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