It is enacted by the General Assembly as follows:

SECTION 1. Section 23-17.8-1 of the General Laws in Chapter 23-17.8 entitled "Abuse in Health Care Facilities" is hereby amended to read as follows:

{ADD 23-17.8-1. Patient abuse, mistreatment and neglect -- Definitions. -- ADD} (a) "Abuse" means:

(1) Any assault as defined in chapter 5 of title 11, including, but not limited to, hitting, kicking, pinching, slapping or the pulling of hair, provided, however, unless such is required as an element of {ADD the ADD} offense {ADD charged ADD} , it shall not be necessary to prove that the patient or resident was injured thereby, or;

(2) Any assault as defined in chapter 37 of title 11, or;

(3) Any offense under chapter 10 of title 11, or;

(4) Any conduct which harms or is likely to physically harm the patient or resident except where the conduct is a part of the care and treatment, and in furtherance of the health and safety of the patient or resident, or;

(5) Intentionally engaging in a pattern of harassing conduct which causes or is likely to cause emotional or psychological harm to the patient or resident, including but not limited to, ridiculing or demeaning a patient or resident, making derogatory remarks to a patient or resident or cursing directed towards a patient or resident, or threatening to inflict physical or emotional harm on a patient or resident.

Provided however, nothing herein shall be construed to prohibit the prosecution of any violator of this section under any other {DEL section DEL} {ADD chapter ADD} .

(b) "Mistreatment" means the inappropriate use of medications, isolation, or use of physical or chemical restraints {ADD , (i) ADD} as punishment, {ADD (ii) ADD} for staff convenience, {ADD (iii) ADD} as a substitute for treatment or care, {ADD (iv) ADD} in conflict with a physician's order, {ADD (v) ADD} or in quantities which inhibit effective care or treatment, which harms or is likely to harm the patient or resident.

(c) "Neglect" means the intentional failure to provide treatment, care, goods, and services necessary to maintain the health and safety of the patient or resident, or the intentional failure to carry out a plan of treatment or care prescribed by the physician of the patient or resident, or the intentional failure to report patient or resident health problems or changes in health problems or changes in health conditions to an immediate supervisor or nurse, or the intentional lack of attention to the physical needs of a patient or resident including, but not limited to toileting, bathing, meals and safety. Provided, however, no person shall be considered to be neglected for the sole reason that he or she relies {ADD on ADD} or is being furnished treatment in accordance with the tenets and teachings {DEL or DEL} {ADD of ADD} a well recognized church or denomination by a duly-accredited practitioner thereof.

(d) " {DEL Long-Term Residential Care DEL} {DEL f DEL} {ADD F ADD} acility" means any {ADD health care facility or community residence for the mentally retarded, or persons with developmental disabilities as those terms are defined below. Health care facility shall mean any ADD} hospital or nursing facility required to be licensed under chapter 17 of this title, {ADD and ADD} any residential care/assisted living facility required to be licensed under chapter 17.4 of this title, {DEL any intermediate care facility for the mentally retarded licensed by the department of mental health, retardation and hospitals, DEL} and any community residence as defined in section 40.1-22.1-2 whether privately or publicly owned. {ADD Community residence for the mentally retarded or persons with developmental disabilities shall mean any residential program licensed by the department of mental health, retardation and hospitals, which meets the definition of a community residence as defined in R.I.G.L. section 40.1-24-1(e) and provides services to mentally retarded persons or persons with development disabilities. ADD}

(e) "Department" {ADD shall ADD} mean {DEL s DEL} the department of health {ADD when the incident occurs in a health care facility, and the department of mental health, retardation and hospitals when the incident occurs in a community residence for the mentally retarded or persons with developmental disabilities ADD} .

(f) "Person" means any natural person, corporation, partnership, unincorporated association or other business entity.

{DEL (g) "Director" means the director of the department of health or his or her designee. For purposes of section 23-17.8-12 only, "Director" shall mean the director of the department of mental health, retardation and hospitals. DEL}

( {DEL h DEL} {ADD g) ADD} "High Managerial Agent" means an officer of a facility, the administrator and assistant administrator of the facility, the director and assistant director of nursing services, or any other agent in a position of comparable authority with respect to the formulation of the policies of the facility or the supervision in a managerial capacity of subordinate employees.

{ADD (h) "Patient" shall mean any person who is admitted to a facility for treatment or care, while "resident" shall mean any person who maintains their residence or domicile, on either a temporary or permanent basis, in a facility. ADD}

SECTION 2. 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:

{ADD 23-17.8-2. Duty to report. -- ADD} (a) Any physician, medical intern, registered nurse, licensed practical nurse, nurse's aide, orderly, certified nursing assistant, medical examiner, dentist, optometrist, optician, chiropractor, podiatrist, coroner, police officer, emergency medical technician, 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 shall make, within twenty-four (24) hours or by the end of the next business day, a {DEL written DEL} {ADD telephone ADD} report to the director of the department of health or his or her designee {ADD for those incidents involving health care facilities, or to the director of the department of mental health, retardation and hospitals or his or her designee for those incidents involving community residences for the mentally retarded or persons with developmental disabilities ADD} . 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.

(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.

(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 {ADD within the time frames specified by this chapter ADD} .

SECTION 3. Section 23-17.8-3 of the General Laws in Chapter 23-17.8 entitled "Abuse in Health Care Facilities" is hereby amended to read as follows:

{ADD 23-17.8-3. Penalty -- Failure to report. -- ADD} (a) Any person {DEL so DEL} required to make a report as provided by section 23-17.8-2 and who fails to do so shall be deemed guilty of a misdemeanor and be punished by a fine of not more than five hundred dollars ($500.00); or

(b) Any person who alters or changes without authorization or destroys or renders unavailable a report made by another pursuant to section 23-17.8-2 shall be deemed guilty of a misdemeanor and be fined not more than five hundred dollars ($500.00); or

(c) Any person who shall attempt, {DEL with or without threats or promises of benefit DEL} , to induce another to fail to report an incident of abuse, mistreatment, or neglect shall be deemed guilty of a misdemeanor and be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisoned not more than one (1) year or both; or

(d) Any person {ADD being a high managerial agent ADD} who fails to report an incident of abuse, mistreatment, or neglect after another has {ADD reported ADD} {DEL indicated a reliance on the reporting DEL} {ADD such incident of abuse, neglect or mistreatment to such agent ADD} pursuant to section 23-17.8-2 shall be deemed guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000) or imprisoned for more than one (1) year, or both.

SECTION 4. Section 23-17.8-3.1 of the General Laws in Chapter 23-17.8 entitled "Abuse in Health Care Facilities" is hereby amended to read as follows:

{ADD 23-17.8-3.1. Physician's report of examination -- Duty of facility. -- ADD} Whenever a facility shall receive a report by a person other than a physician that a patient or resident of the facility has been harmed as a result of abuse, neglect, or mistreatment, the facility shall have the patient examined by a licensed physician. It shall be mandatory for the physician to make a preliminary report of his or her findings to the department {ADD of health for a health care facility, or to the department of mental health, retardation and hospitals for a community residence for the mentally retarded or persons with developmental disabilities ADD} and to the facility within forty-eight (48) hours after his or her examination.

SECTION 5. Section 23-17.8-4 of the General Laws in Chapter 23-17.8 entitled "Abuse in Health Care Facilities" is hereby amended to read as follows:

{ADD 23-17.8-4. Immunity from liability. -- ADD} (a) Any person who, in good faith, makes an oral or written report pursuant to section 23-17.8-2, excluding any perpetrator or conspirator of the aforementioned acts, shall have immunity from any liability, civil or criminal, that might be incurred as a result of having made such a report. No {DEL long-term care residential DEL} facility shall discharge, or in any manner discriminate or retaliate against any person who, in good faith, makes a report, testifies, or is about to testify in any proceeding about the abuse, mistreatment, or neglect of patients or residents in the facilities.

(b) No facility shall discharge, threaten or in any manner discriminate or retaliate against any employee regarding the employee's compensation, terms, conditions, location, duration or privileges of employment (1) because the employee, or a person acting on behalf of the employee, reports or is about to report, to a public body, verbally or in writing who, in good faith, makes a report, testifies, or is about to testify in any proceeding about the abuse, mistreatment, or neglect of patients or residents in the facility, unless the employee knows or has reason to know that the report is false, or (2) because an employee is requested by a public body to testify or participate in an investigation, hearing or inquiry held by that public body, or a court action.

(c) For the purposes of this section, public body shall mean all of the following:

(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority or other body in the executive branch of state government.

(ii) An agency, board, commission, council, member or employee of the legislative branch of state government.

(iii) A law enforcement agency or any member or employee of a law enforcement agency.

(iv) The judiciary and any member or employee of the judiciary.

SECTION 6. Section 23-17.8-8 of the General Laws in Chapter 23-17.8 entitled "Abuse in Health Care Facilities" is hereby amended to read as follows:

{ADD 23-17.8-8. Requirements additional. -- ADD} Nothing contained in this {DEL section DEL} {ADD chapter ADD} shall be deemed to abrogate, contravene or diminish the reporting requirements contained in sections 40-11-3, 40-11-3.1, 40-11-6, 40.1-5-40.1, 40.1-22.1-11, or 42-66-8.

SECTION 7. Section 23-17.8-9 of the General Laws in Chapter 23-17.8 entitled "Abuse in Health Care Facilities" is hereby amended to read as follows:

{ADD 23-17.8-9. ADD} {DEL Duties of the director of the department of health DEL} {ADD Duties of the directors of the department of health and the department of mental health, retardation and hospitals. -- ADD} The director of the department of health {ADD and the department of mental health, retardation and hospitals ADD} or {DEL his or her DEL} {ADD their ADD} designee shall:

(1) Notify the attorney general of his or her designee forthwith upon receipt of an oral or written report made pursuant to section 23-17.8-2;

(2) Investigate and evaluate the information reported in said reports. The investigation and evaluation shall be made within twenty-four (24) hours if the department has reasonable cause to believe the {ADD patient's or ADD} resident's health or safety is in immediate danger from further abuse and neglect and within seven (7) days for all other reports. The investigation shall include a visit to the facility, an interview with the {ADD patient or ADD} resident allegedly abused, mistreated, or neglected, a determination of the nature, extent and cause or causes of the injuries, the identity of the person or persons responsible therefor, and all other pertinent facts. The determination shall be in writing;

(3) Evaluate the environment at the facility named in the report and make a written determination of the risk of physical or emotional injury to any other {ADD patients or ADD} residents in the same facility;

(4) Forward to the attorney general within a reasonable time after a case is initially reported pursuant to section 23-17.8-2 {ADD , subject to subsection (1), ADD} a summary of the findings and recommendations on each case;

(5) If the director or the director's designee has reasonable cause to believe that a patient or resident has died as a result of abuse, mistreatment, or neglect, immediately report the death to the attorney general and the office of the medical examiner. The office of the medical examiner shall investigate the report and communicate its preliminary findings, orally within seventy-two (72) hours, and in writing within seven (7) working days, to the attorney general. The office of the medical examiner shall also communicate its final findings and conclusions, with the basis therefore, to the same parties within sixty (60) days;

(6) Promulgate such regulations as may be necessary to implement the provisions of this chapter;

(7) Maintain a file of the written reports prepared pursuant to this chapter. The written reports shall be confidential, but shall be released to the attorney general, to a court of competent jurisdiction, and may be released, upon written request and with the approval of the director of his or her designee, to the {ADD patient or ADD} resident, counsel, the reporting person or agency, the appropriate review board, or a social worker assigned to the case;

{DEL (8) Notify the director of the department of mental health retardation and hospitals or his/her designee, upon receipt of an oral or written report of abuse, neglect, mistreatment or death whenever said report concerns a resident of an intermediate care facility for the mentally retarded licensed by the department of mental health retardation and hospitals or a resident of a community residence as defined in section 40.1-22.1-2. A copy of the summary of the findings and recommendations on the case shall also be forwarded to the director of mental health retardation and hospitals or his or her designee. DEL}

SECTION 8. Section 23-17.8-10 of the General Laws in Chapter 23-17.8 entitled "Abuse in Health Care Facilities" is hereby amended to read as follows:

{ADD 23-17.8-10. Penalties. -- ADD} (a) Any person who knowingly commits any act of abuse, as that term is defined by section 23-17.8-1(a)(1), (2), (3) or (4), mistreatment or neglect {ADD against a patient or resident of a facility ADD} shall be fined not more than three thousand dollars ($3,000) or imprisoned not more than three (3) years, or both.

(b) Any person who commits any act of abuse as that term is defined by section 23-17.8-1(a)(5) {ADD against a patient or resident of a facility ADD} shall be fined not more than five hundred dollars ($500) or imprisoned not more than one (1) year, or both.

(c) If at the time of the alleged patient abuse, neglect or mistreatment, the person committing such act was employed by a facility which either condoned or attempted to conceal such act or acts, such facility upon conviction shall be fined not more than five thousand dollars ($5,000).

(d) Any member of the board of directors or a high managerial agent of a facility who condones or conceals any acts of abuse, neglect or mistreatment of patients or residents of the facility shall be fined not more than three thousand dollars ($3,000) or imprisoned not more than three (3) years, or both.

SECTION 9. This act shall take effect upon passage.