Chapter 142 |
2019 -- S 0603 SUBSTITUTE A Enacted 07/08/2019 |
A N A C T |
RELATING TO HEALTH AND SAFETY -- ABUSE IN HEALTH CARE FACILITIES |
Introduced By: Senators Coyne, Seveney, DiPalma, Euer, and Goldin |
Date Introduced: March 14, 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. |
(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 office of healthy 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. The division of elderly affairs may then notify appropriate law enforcement if |
appropriate. 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 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. |
(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 (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 of the division of elderly affairs, or his or her designee. The division of elderly affairs |
may then notify or appropriate law enforcement if appropriate 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 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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LC001878/SUB A |
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