Delaware § 1136 Violations

Delaware Statutes

§ 1136 — Violations

Delaware·Title 16·Part Regulatory Provisions Concerning Public Health·Ch. 11 Long-Term Care Facilities and Services·Subch. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents

(a)Any person who knowingly or recklessly abuses, mistreats, or neglects a patient or resident is guilty of a class A misdemeanor.

(1)If the abuse involves sexual contact such person is guilty of a class G felony.

(2)If the abuse, mistreatment, or neglect results in serious physical injury, sexual penetration, or sexual intercourse, such person is guilty of a class C felony.

(3)If the abuse, mistreatment, or neglect results in death, then the person is guilty of a class A felony.

(b)Any person who knowingly causes medication diversion of a patient or resident,is guilty of the following:

(1)A class G felony.

(2)A class F felony, if committed by a health-care professional.

(c)Any person who knowingly commits financial exploitation of a patient’s or resident’s resources is guil

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(a) Any person who knowingly or recklessly abuses, mistreats, or neglects a patient or resident is guilty of a class A misdemeanor.

(1) If the abuse involves sexual contact such person is guilty of a class G felony.

(2) If the abuse, mistreatment, or neglect results in serious physical injury, sexual penetration, or sexual intercourse, such person is guilty of a class C felony.

(3) If the abuse, mistreatment, or neglect results in death, then the person is guilty of a class A felony.

(b) Any person who knowingly causes medication diversion of a patient or resident,is guilty of the following:

(1) A class G felony.

(2) A class F felony, if committed by a health-care professional.

(c) Any person who knowingly commits financial exploitation of a patient’s or resident’s resources is guilty of the following:

(1) A class A misdemeanor if the value of the resources is less than $1,000.

(2) A class G felony if the value of the resources is $1,000 or more.

(d) Any member of the board of directors or a high managerial agent who knows that patients or residents of the facility are being abused, mistreated, neglected, or financially exploited or are the victim of medication diversion and fails to promptly take corrective action is guilty of a class A misdemeanor.

(e) Nothing in this section precludes a separate charge, conviction, and sentence for any other crime under this title or this Code.

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Legislative History

65 Del. Laws, c. 442, § 1 ; 72 Del. Laws, c. 120, §§ 5, 6 ; 78 Del. Laws, c. 30, §§ 2, 3 ; 79 Del. Laws, c. 193, § 2 ; 81 Del. Laws, c. 206, § 37 ; 83 Del. Laws, c. 22, § 7