Chapter
084
2007 -- H 5770 SUBSTITUTE B
Enacted 06/22/07
A N A C T
RELATING TO STATE
AFFAIRS AND GOVERNMENT - ELDERLY AFFAIRS
DEPARTMENT
Introduced
By: Representative Richard W. Singleton
Date Introduced: February 28, 2007
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 42-66-4.1, 42-66-8, 42-66-8.1, 42-66-8.2, 42-66-9 and 42-66-10 of
the
General Laws in Chapter 42-66 entitled "Elderly Affairs Department"
are 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)
"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)
"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)(10) "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)
"Elderly person" or "elder" means any person sixty (60)
years of age or older.
42-66-8.
Abuse of elderly persons -- Duty to report. -- Abuse
and self-neglect of
elderly
persons -- Duty to report. –
Abuse, neglect, exploitation
and self-neglect of elderly
persons
-- Duty to report. --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
abandoned or is self-
neglecting, shall make an immediate report to the director of
the department of elderly affairs or
his or
her designee. Any 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) or shall be
imprisoned
for a term of not more than one year, or both. 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.
42-66-8.1.
Abuse of elderly persons -- Telephone line. -- The director shall
provide, for
the use
of the general public, a statewide toll free, twenty-four (24) hour a day,
seven (7) days a
week,
WATS telephone line, to report abuse, neglect, exploitation and
self-neglect of the elderly.
42-66-8.2.
Abuse of elderly persons -- Investigation of reports. – Abuse,
neglect,
exploitation
and self-neglect of elderly persons -- Investigation of reports. -- (a) The director
of the
department shall cause the report to be investigated immediately to determine
the
circumstances
surrounding the alleged abuse, neglect, exploitation or abandonment self-neglect
and its
cause. The investigation shall include personal contact with the alleged
elderly elder
victim
named in the report. Any person required to investigate reports of abuse,
neglect,
exploitation
or abandonment or self-neglect may question the subjects of those
reports with or
without
the consent of the caretaker, guardian, conservator, person possessing a power
of attorney
given by
the subject or other person responsible for the elderly person's welfare.
(b) When In cases of reported abuse, neglect and exploitation, when
deemed by the
investigator
or other person responsible for the investigation of the report to be in the
best
interests
of the alleged victim, the interview of the alleged victim(s) shall take place
in the
absence
of the caretaker, guardian, conservator, person possessing a power of attorney
given by
the
subject or other person responsible for the elderly person's welfare, or any other
person
allegedly
responsible for the abuse, neglect, or exploitation or abandonment.
(c) In the event that any person required to investigate those reports is
denied reasonable
access
to an alleged elderly victim subject of the report by the
caretaker, guardian, conservator,
person
possessing a power of attorney given by the subject or other person responsible
for the
elderly
person's welfare and the investigator determines that the best interests of the
alleged
elderly
victim elder require, the
investigator with the approval of the director may request the
intervention
of the local law enforcement agency to secure reasonable access to the alleged
elderly victim
subject of the report.
(d) In the event that after investigation, the department has reasonable cause
to know or
suspect
that a person sixty (60) years of age or older has been a victim of: (1) an
"assault" as
defined
in chapter 5 of title 11; or, (2) an "assault" as defined in chapter
37 of title 11; or, (3) an
offense
under chapter 10 of title 11, or has been a victim of "exploitation"
as defined in this
chapter,
the investigator, with the approval of the director, shall immediately forward
that
information
to the local law enforcement agency.
(e) When it is determined after investigation that protective services are
necessary, the
department
shall develop a protective services care plan and coordinate, in conjunction
with
existing
public and private agencies and departments, available and existing services as
are
needed
by the person abused, neglected, exploited or abandoned or
self-neglecting. In developing
the
protective services care plan, the elderly person's rights to
self-determination and lifestyle
preferences
commensurate with his or her needs shall be of prime consideration. If the
elderly
person
withdraws consent or refuses to accept protective services, the services shall
not be
provided.
42-66-9.
Obstruction of provision of services. -- (a) No person shall obstruct
the
provision
of available and existing services to a person sixty (60) years of age or older
who has
been
abused ,neglected, exploited or who is self-neglecting neglected,
exploited, or abandoned.
For the
purposes of this section, "obstruction" shall mean threats,
intimidation, assaults and/or
abuse,
whether physical or psychological emotional, made with the intent
to prevent or dissuade
the
recipient or proposed recipient from accepting, requesting, and/or receiving
services available
under
section 42-66-8. Any person who violates the provisions of this section shall
be punished
by a
fine of not more than five hundred dollars ($500).
(b) However, nothing in this chapter is construed to mean a person is abused,
neglected,
exploited or in need of emergency or protective services
or is self-neglecting for the sole reason
that
person is being furnished or relies upon treatment by spiritual means through
prayer alone in
accordance
with the tenets and practices of a church or religious denomination recognized
by the
laws of
this state.
(c) No person shall deny access by departmental staff to a person sixty
(60) years of age
or older
who is alleged to be a victim of abuse, neglect, exploitation or abandonment
or who is
self-neglecting, while the staff person is investigating a report
made under this chapter.
42-66-10.
Confidentiality of records. -- Any records of the department or other
agency
pertaining
to a person reported to be abused, neglected, exploited or abandoned or
self-neglecting
shall be
confidential. The records shall not be deemed public and shall be considered
records
under
section 38-2-2(4)(i). The director may, however, disclose to the attorney
general, any local
or state; or federal police officials,
appropriate courts, state departments, public or private
agencies,
or medical personnel, pertinent information that is necessary to investigate
reports of
abuse,
neglect, exploitation, or abandonment self-neglect, the
coordination of needed services, the
protection
of the elderly victim or criminal prosecution.
SECTION
2. This act shall take effect upon passage.
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LC01900/SUB B
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