§ 50-25.2-03 — Reporting of abuse or neglect - Method of reporting

North Dakota § 50-25.2-03

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-25.2: Vulnerable Adult Protection Services

Text

1. Any medical or mental health professional or personnel, law enforcement officer,
firefighter, member of the clergy, or caregiver having knowledge a vulnerable adult has
been subjected to abuse or neglect, or who observes a vulnerable adult being
subjected to conditions or circumstances that reasonably would result in abuse or
neglect, shall report the information to the department, or the department's designee,
or to an appropriate law enforcement agency if the knowledge is derived from
information received by that individual in that individual's official or professional
capacity. A member of the clergy, however, is not required to report the information if
the knowledge is derived from information received in the capacity of spiritual adviser.
An individual in the position of a long-term care ombudsman is not a mandated
reporter of suspected abuse or neglect. For purposes of this subsection, "medical or
mental health professional or personnel" means a professional or personnel providing
health care or services to a vulnerable adult, on a full-time or part-time basis, on an
individual basis or at the request of a caregiver, and includes a medical examiner,
coroner, dentist, dental hygienist, optometrist, pharmacist, chiropractor, podiatrist,
physical therapist, occupational therapist, tier 1 through tier 4 mental health
professional as defined under section 25-01-01, emergency medical services
personnel, hospital personnel, nursing home personnel, congregate care personnel, or
any other person providing medical and mental health services to a vulnerable adult.
2. A report, if required by section 25-01.3-04, satisfies all reporting requirements of this
chapter.
3. Any person not required to report under subsection 1 who has reasonable cause to
believe that a vulnerable adult has been subjected to abuse or neglect, or who
observes a vulnerable adult being subjected to conditions or circumstances that
reasonably would result in abuse or neglect, may report the information to the
department or the department's designee or to an appropriate law enforcement

agency. A law enforcement agency receiving a report under this section shall
immediately notify the department or the department's designee of the report.
4. An individual required to report under subsection 1 shall make an oral or written report
and a person voluntarily reporting under subsection 2 may make an oral or written
report, as soon as possible. To the extent reasonably possible, a person who makes a
report under this section shall include in the report:
a. The name, age, and residence address of the alleged vulnerable adult;
b. The name and residence address of the caregiver, if any;
c. The nature and extent of the alleged abuse or neglect or the conditions and
circumstances that would reasonably be expected to result in abuse or neglect;
d. Any evidence of previous abuse or neglect, including the nature and extent of the
abuse or neglect; and
e. Any other information in the opinion of the person making the report may be
helpful in establishing the cause of the alleged abuse or neglect and the identity
of the individual responsible for the alleged abuse or neglect.