Rhode Island Mandatory Reporting Requirements Regarding Elders/Disabled

Similar documents
Mandatory Reporting Requirements: The Elderly Rhode Island

Mandatory Reporting: Child Abuse and Neglect in Indian Country

Mandatory Reporting Requirements: The Elderly California

IC Chapter 2. Criminal History of Home Health Care Operators and Workers

State Statutes Search:

CHILD ABUSE REPORTING LAWS IN GDB PUPPY RAISING STATES

CITY OF LOS ANGELES DEPARTMENT OF AGING POLICIES AND PROCEDURES RELATED TO MANDATED ELDER ABUSE REPORTER

Business-Facts Summary- Healthcare NAICS Summary

Mandatory Reporting Requirements: The Elderly Oklahoma

MWCC MANDATED REPORTING POLICY

MULTIDISCIPLINARY TEAMS AUTHORIZATIONS OR MANDATES: PROVISIONS AND CITATIONS IN ADULT PROTECTIVE SERVICES LAWS, BY STATE

CHAPTER 411 DIVISION 20 ADULT PROTECTIVE SERVICES -- GENERAL


This chapter shall be known and may be cited as the "Alabama Athletic Trainers Licensure Act."

PROTECTED INDIVIDUALS Institutions (Y/N) Alabama Ala. Code (West 2013) Ala. Admin. Code (9) (West 2013) Ala. Code (2) (West 2013)

NEBRASKA HEALTH AND HUMAN SERVICES REGULATION AND LICENSURE 175 HEALTH CARE FACILITIES AND SERVICES LICENSURE

2017 Session (79th) A SB Senate Amendment to Senate Bill No. 291 (BDR ) Proposed by: Senate Committee on Commerce, Labor and Energy

Prepublication Requirements

Medicaid Simplification

Abuse, Neglect, and Exploitation. Division of Nursing Homes

PATIENT RIGHTS TO ACCESS PERSONAL MEDICAL RECORDS California Health & Safety Code Section

Senate Bill No. 190 Senator Denis

Reporting Elder Financial Abuse & Misappropriation

Alberta Ministry of Labour 2017 Alberta Wage and Salary Survey

Optional Benefits Excluded from Medi-Cal Coverage

2017 CA AB 1199 (Nazarian) Integrated Statutory Text, proposed new Section February 21, 2017

CLAYTON STATE UNIVERSITY CONTRACTOR AFFIDAVIT UNDER O.C.G.A (B)(1) Frequently Asked Questions (FAQ)

CHAPTER FIFTEEN- NEGATIVE ACTIONS

STATE OF RHODE ISLAND

Opp Health and Rehabilitation, LLC 115 Paulk Avenue P.O. Box 730 Opp, AL Phone Number: (334)

Interview. With Ximena Munoz- Manitoba s Fairness Commissioner. CRRF: What is the mandate of the office of Fairness Commissioner?

Standard Changes Related to EP Review Phase IV

CLACKAMAS COUNTY MULTI-DISCIPLINARY TEAM VULNERABLE ADULT ABUSE PROTOCOL

Health Care (NAICS 62, except 624) SIGNIFICANT POINTS

California Joint Powers Risk Management Authority. Child Abuse and Neglect Reporting Act Sample Policy

ALCOHOL DRUG ADDICTION AND MENTAL HEALTH SERVICES BOARD OF CUYAHOGA COUNTY POLICY STATEMENT. NOTIFICATION AND REVIEW OF REPORTABLE INCIDENTS & MUIs

SENATE, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED APRIL 28, 2014

NC General Statutes - Chapter 131D Article 3 1

Uniform Employment Application for Nurse Aide Staff

Uniform Employment Application for Nurse Aide Staff

Statutes and Regulations

SENATE BILL No K.S.A , and amendments thereto.

HOUSE ENROLLED ACT No. 1119

DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES

Annual Statistical Report

AN ACT authorizing the provision of health care services through telemedicine and telehealth, and supplementing various parts of the statutory law.

HOUSE BILL NO. HB0164. Sponsored by: Representative(s) Esquibel, Alden and Tipton and Senator(s) Job and Mockler A BILL. for

UCLA Policy 136: Reporting Child Abuse and Neglect

HEALTH GENERAL PROVISIONS CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS

Anaheim Police Department Anaheim PD Policy Manual

List of Lists Updated: January 2012

Request for Proposals for the Designation of. Adult Protective Services Provider Agencies for Area 01*

COLORADO. Downloaded January 2011

Proposed Extended Hierarchy (High-Level) for Roles

Department of Health Presentation: May 18 th Presenters: Jacqueline Jones and Bonnie Stevens

Kaiser Foundation Hospitals Graduate Medical Education Office Magnolia Avenue Riverside, Ca Phone: Fax:

Adult Protective Services Program Regional Inter-Agency Fatality Review Teams Manual

Healthcare Institutions and Mandated Reporting Law

NOTICE OF PRIVACY PRACTICES

CHAPTER 411 DIVISION 020 ADULT PROTECTIVE SERVICES GENERAL

Hannah Maxey, PhD, MPH, RDH Assistant Professor and Director of The Bowen Center for Health Workforce Research and Policy

PRESCRIPTION MONITORING PROGRAM STATE PROFILES TENNESSEE

Center for Medicaid, CHIP, and Survey & Certification/Survey & Certification Group

Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

SENATE, No. 380 STATE OF NEW JERSEY. 210th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2002 SESSION

Request for Proposals (RFP) Elder Abuse Education and Outreach Program (EAEOP) Community Mini-Grant Funding Application Packet. Long Island project(s)

CHAPTER MEDICAL IMAGING AND RADIATION THERAPY

As Introduced. Regular Session H. B. No

NOTICE OF PRIVACY PRACTICES

IC Chapter 7. Training and Active Duty of National Guard; Benefits of Members

Adult Protective Services Referrals Operations Manual. Developed by the Department of Elder Affairs And The Department of Children and Families

COURT INVESTIGATOR S REPORT ON PROPOSED GUARDIANSHIP [R.C ]

Guide To Filling Out Your Application

REGISTERED OFFENDERS IN HEALTH CARE FACILITIES

The following are clues for recognizing signs of physical elder abuse. It is not intended to be exhaustive.

CHILDREN S ADVOCACY CENTER, INC. CRAWFORD COUNTY PROTOCOL OF SERVICES

Chapter 101 MAINECARE BENEFITS MANUAL CHAPTER II

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY HUTCHINSON, SCARNATI, FONTANA, LANGERHOLC, VULAKOVICH AND YUDICHAK, JANUARY 12, 2017

Employer Instructions for Use ODH Form 805 Uniform Employment Application for Nurse Aide Staff

A Bill Regular Session, 2017 HOUSE BILL 1254

DEPARTMENT OF ELDER AFFAIRS PROGRAMS AND SERVICES HANDBOOK Chapter 5: Community Care for the Elderly Program CHAPTER 5

Title 22: HEALTH AND WELFARE

Texas Mental Health Law

CRIMINAL AND PERSONAL BACKGROUND CHECK POLICY

A Bill Regular Session, 2009 SENATE BILL 315

For Reporting Abuse: Call the COMMON ENTRY POINT at

State Regulations Pertaining to Licensure, Compliance, Governance and Disclosure

Emergency Medical Services Regulation. Adopted October 1, 2009

DISCIPLINARY PROCEDURE

TENNESSEE CENTRAL SERVICE TECHNICIAN LAW FREQUENTLY ASKED QUESTIONS

MHA Survey Manual: Chapter 8 Self-Reporting Adverse Events and Abuse and Neglect

INCIDENT RESPONSE AND REPORTING POLICY AND PROCEDURE

Mental Retardation/Intellectual Disability Community Services Manual Chapter Subject. Provider Participation Requirements 2/8/2012 CHAPTER II

Day Hospital Care for Older People. Whiteabbey Hospital Rapid Access Department for Assessment and Rehabilitation RADAR

The first step to becoming BWC certified is to complete the Application for Provider Enrollment and Certification (MEDCO-13).

Local Regulation of Health Care Service Costs Shall the measure requiring the City of Livermore to bear the cost of developing and enforcing

PALO ALTO ACCOUNTABLE AND AFFORDABLE HEALTH CARE INITIATIVE

OSU Extension 4 H Volunteer Application Revised

DIVISION CIRCULAR #8 (N.J.A.C. 10:46C) DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES

Lou Eckart, Ph.D. and Associates Licensed Clinical Psychologists 22 Mill St. Suite 305 Arlington, MA

Transcription:

Who Must Report? Elders: Any person. 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, fire-fighter, speech pathologist, audiologist, social worker, pharmacist, physical or occupational therapist, health officer, or any person who acquired the requisite knowledge or reasonable cause to believe within the scope of their employment at a facility or in their professional capacity. Standard of Knowledge Any person within scope of their employment at a program (as defined below) or in their professional capacity. Elders: Reasonable cause to believe that a person 60 years of age or older has been abused, neglected, exploited, or is selfneglecting. Knowledge of or reasonable cause to believe that a patient or resident in a facility has been abused, mistreated, or neglected. Definition of Applicable Victim Knowledge of or reasonable cause to believe that a participant in the program has been abused, mistreated, or neglected. Elders: Person over 60 years of age who has been abused, neglected, exploited, or is self-neglecting (see R.I. Gen. Laws 42-66-4.1 for specific definition of the terms abuse, neglect, exploitation, and self-neglect ). Patient or resident in a facility who has been abused, mistreated, or neglected (the term facility is specifically defined as any health care facility or community residence for persons who are mentally retarded, or persons with developmental disabilities ) (see R.I. Gen. Laws 28-17.8-1 for specific definition of the terms abuse, mistreatment, and neglect ). Any person with developmental disabilities who participates in a program who has been abused, mistreated, or neglected (the term program is specifically defined as any day treatment program, habilitation

program, rehabilitation program or other program for persons with developmental disabilities licensed by the department of mental health, retardation, and hospitals pursuant to 40.1-24-1 et seq. ) (see R.I. Gen. Laws 40.1-27-1 for specific definitions of the terms abuse, mistreatment, and neglect ). Reports Made To Elders: The Director of the Department of Elderly Affairs Protective Services Unit (1-401-462-0555) (http://www.dea.state.ri.us/) or his or her designee. The Director of the Department of Health ((401) 222-2231) (http://www.health.ri.us/) or his or her designee for those incidents involving health care facilities (as defined by R.I. Gen. Laws 28-17.8-1); And in addition to the Office of the 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 ((401) 462-0555); or The Director of the Department of Mental Health, Retardation, and Hospitals ((401) 462-3201) or his or her designee for those incidents involving community residences for people who are mentally retarded or persons with developmental disabilities. Contents of Report The Director of the Department of Mental Health, Retardation, and Hospitals ((401) 462-3201) (http://www.mhrh.ri.gov/) or his or her designee. Elders: Not specified. The name, address, telephone number, occupation, and employer s address and phone number of the reporter; The name and address of the patient or resident who is believed to be the victim of the abuse, mistreatment, or neglect; details, observations, and beliefs concerning the incident(s); Any statements regarding the incident made by the patient or

resident and to whom they were made; The date, time, and place of the incident; the name of any individual(s) believed to have knowledge of the incident; and The name of any individual(s) believed to have been responsible for the incident. Timing/Other Procedures The name, address, telephone number, occupation, and employer s address and phone number of the reporter; The name and address of the participant who is believed to be the victim of the abuse, mistreatment, or neglect; details, observations, and beliefs concerning the incident(s); Any statements regarding the incident made by the participant and to whom they were made; The date, time, and place of the incident; the name of any individual(s) believed to have knowledge of the incident; and The name of any individual(s) believed to have been responsible for the incident. Elders: Report must be made immediately. Report must be made within 24 hours or by the end of the next business day. Telephone reports must be followed up by a written report within 3 business days. Other Written report must be made within 24 hours or by the end of the next business day. Elders: 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. 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, who is required to meet all reporting requirements including specified time frames. If a facility receives a report by a person other than a physician or a certified registered nurse practitioner or physician assistant that a patient or resident of the facility has been harmed as a result of abuse, neglect, or mistreatment, the facility must have the patient examined by a licensed physician or a certified registered nurse practitioner or physician assistant, who must make a preliminary report of his or her findings to the department of health for a health care facility, or to the department of mental health, retardation and hospitals for a community residence for people who are mentally retarded or persons with developmental disabilities and to the facility within fortyeight (48) hours after his or her examination, and a written report within five (5) days after his or her examination. Any person required to make a report and who fails to do so, shall be guilty of a misdemeanor and be punished by a fine of not more than five hundred dollars ($ 500). Any person being a high managerial agent who fails to report an incident of abuse, mistreatment, or neglect after another has reported an incident of abuse, neglect or mistreatment to an appropriate agent shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($ 1,000), or imprisoned for more than one year, or both. If a program receives a report by a person other than a physician that a participant has been harmed as a result of abuse, neglect, or mistreatment, the program shall have the patient examined by a licensed physician, and the physician must make a preliminary report of his or her findings to the director of the department of mental health, retardation, and hospitals and to the program within forty-eight (48) hours after his or her examination, and a written report within five (5) days after his or her examination. Any person required to make a report and who fails to do so,

shall be guilty of a misdemeanor and be punished by a fine of not more than five hundred dollars ($ 500). Source/Applicable Statute(s) Elders: R.I. Gen. Laws 42-66-4.1, 42-66-8 (2009). R.I. Gen. Laws 23-17.8-1, 23-17.8-2, 23-17.8-3, 23-17.8-3.1 (2009). R.I. Gen. Laws 40.1-27-1, 40.1-27-2, 40.1-27-4, 40.1-27-5 (2009).