§ 52-3-811 — Reports

52-3-811 . Reports. (1) When the professionals and other persons listed in subsection (3) know or have reasonable cause to suspect that a vulnerable adult known to them in their professional or official capacities has been subjected to abuse, sexual abuse, neglect, or exploitation, they shall:
(a) if the vulnerable adult is not a resident of a long-term care facility, report the matter to:
(i) the department or its local affiliate; or
(ii) the county attorney of the county in which the vulnerable adult resides or in which the acts that are the subject of the report occurred;
(b) if the vulnerable adult is a resident of a long-term care facility, report the matter to the long-term care ombudsman appointed under the provisions of 42 U.S.C. 3027(a)(12) and to the department. The department shall investigate the matter pursuant to its authority in 50-5-204 and 52-3-804 and, if it finds any allegations of abuse, sexual abuse, neglect, or exploitation contained in the report to be substantially true, forward a copy of the report to the county attorney as provided in subsection (1)(a)(ii).
(2) If the report required in subsection (1) involves an act or omission of the department that may be construed as abuse, sexual abuse, neglect, or exploitation, a copy of the report may not be sent to the department but must be sent instead to the county attorney of the county in which the vulnerable adult resides or in which the acts that are the subject of the report occurred.
(3) Professionals and other persons required to report are:
(a) a physician, resident, intern, professional or practical nurse, physician assistant, or member of a hospital staff engaged in the admission, examination, care, or treatment of persons;
(b) an osteopath, dentist, denturist, chiropractor, optometrist, podiatrist, medical examiner, coroner, or any other health or mental health professional;
(c) an ambulance attendant;
(d) an employee of the state, a county, or a municipality assisting a vulnerable adult in the application for or receipt of public assistance payments or services;
(e) a person who maintains or is employed by a roominghouse, retirement home or complex, nursing home, group home, adult foster care home, adult day-care center, or assisted living facility or an agency or individual that provides home health services or personal care in the home;
(f) an attorney, unless the attorney acquired knowledge of the facts required to be reported from a client and the attorney-client privilege applies;
(g) a peace officer or other law enforcement official;
(h) a person providing services to a vulnerable adult pursuant to a contract with a state or federal agency;
(i) an employee of the department while in the conduct of the employee's duties; and
(j) a conservator, legal guardian, or representative payee.
(4) Except as provided under 45 CFR 1324.19, a long-term care ombudsman who is a professional or other person listed in subsection (3) shall be exempt from mandatory reporting of abuse, neglect, and exploitation when knowledge of the facts required to be reported are acquired while the long-term care ombudsman is acting in the ombudsman's official capacity as an ombudsman.
(5) Any other persons or entities may, but are not required to, submit a report in accordance with subsection (1).

Legislative History

En. Sec. 4, Ch. 623, L. 1983; amd. Sec. 13, Ch. 548, L. 1985; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 5, Ch. 198, L. 1989; Sec. 53-5-511, MCA 1989; redes. 52-3-811 by Code Commissioner, 1991; amd. Sec. 5, Ch. 167, L. 1993; amd. Sec. 3, Ch. 421, L. 1993; amd. Sec. 154, Ch. 418, L. 1995; amd. Sec. 7, Ch. 465, L. 1995; amd. Sec. 365, Ch. 546, L. 1995; amd. Sec. 4, Ch. 196, L. 1999; amd. Sec. 9, Ch. 54, L. 2003; amd. Sec. 22, Ch. 12, L. 2023.