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:

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

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Affairs Department" is hereby amended to read as follows:

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     42-66-4.1. Definitions.

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     As used in this chapter:

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

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

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

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bruising or restraining) upon an elderly person.

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

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

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

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intent and the capacity to carry out the threatened abuse.

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

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

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

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

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

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

 

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

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

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

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

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assistance) and denial of food or health related services.

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

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

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

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otherwise legally responsible for the care of the elderly person.

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

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

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

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

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immediately preceding sentence.

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

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

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

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safe living accommodations and legal intervention.

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

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     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

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emotional abuse, or neglect, of an elderly person.

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     This act would take effect upon passage.

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LC001528

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