§ 42-66-8. Abuse, neglect, exploitation, and self-neglect of elderly persons — Duty to report.
(a) Any person who has reasonable cause to believe that any person sixty (60) years of
age or older has been abused, neglected, or exploited, or is self-neglecting, shall
make an immediate report to the director of the office of healthy aging, or the director's
designee. The office of healthy aging may then notify law enforcement if appropriate.
This section applies to any person sixty (60) years of age or older regardless of
where the person lives in the community.
(b) Any physician, physician assistant, medical intern, registered nurse, licensed practical
nurse, nurse's aide, orderly, certified nursing assistant, medical examiner, dentist,
optometrist, optician, chiropractor, podiatrist, coroner, police officer, probation
officer, emergency medical technician, firefighter, speech pathologist, audiologist,
social worker, pharmacist, physical or occupational therapist, or health officer,
who has reasonable cause to believe that any person sixty (60) years of age or older
has been abused, neglected, or exploited, or is self-neglecting, shall make an immediate
report to the director of the office of healthy aging, or the director's designee.
The office of healthy aging may then notify law enforcement if appropriate. This section
applies to any person sixty (60) years of age or older regardless of where the person
lives in the community. Reporting requirements relating to individuals in healthcare
facilities are further set forth in § 23-17.8-2. The report pursuant to this section shall contain:
(1) The name, address, telephone number, occupation, and employer's address and the phone
number of the person reporting;
(2) The name and address of the patient or resident who is believed to be the victim of
the abuse, mistreatment, or neglect;
(3) The details, observations, and beliefs concerning the incident(s);
(4) Any statements regarding the incident made by the patient or resident and to whom
they were made;
(5) The date, time, and place of the incident;
(6) The name of any individual(s) believed to have knowledge of the incident;
(7) The name of any individual(s) believed to have been responsible for the incident;
(8) The name of the individual's caretaker, if known;
(9) Any medical treatment being received if immediately required and need to coordinate
care, if known;
(10) Any other information the reporter believes relevant to the investigation; and
(11) The name and address of the reporter and where the reporter can be contacted. The
reporter's identity shall remain confidential unless disclosure is consented to by
the reporter or by court order.
(c) Individuals required to report pursuant to the provisions of subsection (b) of this
section shall, whenever practical and if known, provide twenty-four hour (24) notice
of discharge to the office of healthy aging and shall include the address and telephone
number of the individual being discharged.
(d) 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 elderly person 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 of the office of healthy aging, or the
director's designee. The office of healthy aging may then notify law enforcement if
appropriate.
(e) No person required to report pursuant to the provisions of this section shall be liable
in any civil or criminal action by reason of the report; provided, however, that such
person did not perpetrate, inflict, or cause the abuse. No employer or supervisor
may discharge, demote, transfer, reduce pay, benefits, or work privileges; prepare
a negative work performance evaluation; or take any other action detrimental to an
employee or supervisee who files a report in accordance with the provisions of this
section by reason of such report.