§ 31-8-82 — Persons required to report abuse or exploitation; time for making report; contents of report; records; privileged communications

(a) Any of the following people who have reasonable cause to believe that any resident or former resident has been abused or exploited while residing in a long-term care facility shall immediately make a report as described in subsection (d) of this Code section by telephone or in person to the department and shall make the report to the appropriate law enforcement agency or prosecuting attorney: (1) Any person required to report child abuse as provided in subsection (c) of Code Section 19-7-5 ; (2) Administrators, managers, or other employees of hospitals or long-term care facilities; (3) Physical therapists; (4) Occupational therapists; (5) Day-care personnel; (6) Coroners; (7) Medical examiners; (8) Emergency medical services personnel, as defined in Code Section 31-11-49 ; (9) Any person who has been certified as an emergency medical technician, cardiac technician, paramedic, or first responder pursuant to Chapter 11 of Title 31; (10) Employees of a public or private agency engaged in professional health related services to residents; and (11) Clergy members. (b) Persons required to make a report pursuant to subsection (a) of this Code section shall also make a written report to the department within 24 hours after making the initial report. (c) Any other person who has knowledge that a resident or former resident has been abused or exploited while residing in a long-term care facility may report or cause a report to be made to the department or the appropriate law enforcement agency. (d) A report of suspected abuse or exploitation shall include the following: (1) The name and address of the person making the report unless such person is not required to make a report; (2) The name and address of the resident or former resident; (3) The name and address of the long-term care facility; (4) The nature and extent of any injuries or the condition resulting from the suspected abuse or exploitation; (5) The suspected cause of the abuse or exploitation; and (6) Any other information which the reporter believes might be helpful in determining the cause of the resident's injuries or condition and in determining the identity of the person or persons responsible for the abuse or exploitation. (e) The department shall maintain accurate records which shall include all reports of abuse or exploitation, the results of all investigations and administrative or judicial proceedings, and a summary of actions taken to assist the resident. (f) Any suspected abuse or exploitation which is required to be reported by any person pursuant to this Code section shall be reported notwithstanding that the reasonable cause to believe such abuse or exploitation has occurred or is occurring is based in whole or in part upon any communication to that person which is otherwise made privileged or confidential by law; provided, however, that a member of the clergy shall not be required to report such matters confided to him or her solely within the context of confession or other similar communication required to be kept confidential under church doctrine or practice. When a clergy member receives information about abuse or exploitation from any other source, the clergy member shall comply with the reporting requirements of this Code section, even though the clergy member may have also received a report of such matters from the confession of the perpetrator.

Legislative History

Amended by 2013 Ga. Laws 132,§ 1-12, eff. 7/1/2013. Amended by 2009 Ga. Laws 102,§ 1-33, eff. 7/1/2009.