House Bill #5573 (2019)

AN ACT RELATING TO HEALTH AND SAFETY -- ABUSE IN HEALTH CARE FACILITIES

Makes amendments providing for additional reporting duties and requirements for persons with knowledge of mistreatment or neglect of elders.

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Changes since original draft

  • 2019 – H 5573
  • 2019 – H 5573 AS AMENDED
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  • LC001788
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO HEALTH AND SAFETY – ABUSE IN HEALTH CARE FACILITIES
  • Introduced By: Representatives Bennett, Jacquard, Edwards, Diaz, and Shanley
  • Date Introduced: February 27, 2019
  • Referred To: House Health, Education & Welfare
  • (Dept. of Elderly Affairs)
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 23-17.8-2 of the General Laws in Chapter 23-17.8 entitled "Abuse in Health Care Facilities" is hereby amended to read as follows:
  • 23-17.8-2. Duty to report.
  • (a) 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, fire-fighter, speech pathologist, audiologist, social worker, pharmacist, physical or occupational therapist, or health officer, or any person, within the scope of their employment at a facility or in their professional capacity, who has knowledge of or reasonable cause to believe that a patient or resident in a facility has been abused, mistreated, or neglected, either while in the facility or prior to being admitted, shall make, within twenty-four (24) hours or by the end of the next business day, a telephone report to the director of the department of health or his or her designee for those incidents involving health care facilities, and in addition to the office of the state long-term care ombudsperson for those incidents involving nursing facilities, assisted living residences, home-care and home nursing-care providers, veterans' homes and long-term care units in Eleanor Slater Hospital, or to the director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designee for those incidents involving community residences for people who are mentally retarded or persons with developmental disabilities or the director of the division on elderly affairs for individuals aged sixty (60) years or older. The report 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 caregiver, 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.
  • (b) In addition to those persons required to report pursuant to this section, any other person may make a report if that person has reasonable cause to believe that a patient or resident of a facility has been abused, mistreated, or neglected. Additional provisions for the reporting of abuse of individuals regardless of where they reside in the community are set forth in § 42-66-8.
  • (c) Any person required to make a report pursuant to this section shall be deemed to have complied with these requirements if a report is made to a high managerial agent of the facility in which the alleged incident occurred. Once notified, the high managerial agent shall be required to meet all reporting requirements of this section within the time frames specified by this chapter.
  • (d) Telephone reports made pursuant to subsection (a) this section shall be followed-up within three (3) business days with a written report.
  • (e) Individuals required to report pursuant to this section shall, whenever practical and if known, provide the division of elderly affairs twenty-four (24) hour notice of the discharge from a facility, of any person subject to abuse or neglect and shall include any relevant address and telephone number(s).
  • (f) No person required to report pursuant to this section shall be liable in any civil or criminal action by reason of the report; provided, however, that the 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 the report.
  • SECTION 2. Section 42-66-8 of the General Laws in Chapter 42-66 entitled "Elderly Affairs Department" is hereby amended to read as follows:
  • 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 department division of elderly affairs, or his or her designee, or and appropriate law enforcement personnel. This section applies to any person sixty (60) years of age or older regardless of where he or she 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 division of elderly affairs, or designee, and appropriate law enforcement personnel. This section applies to any person sixty (60) years of age or older regardless of where he or she lives in the community. Reporting requirements relating to individuals in health care facilities are further set forth in § 23-17.8-2. The report pursuant to this section shall contain:
  • (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 department division of elderly affairs, or his or her designee, or appropriate law enforcement personnel.. The division of elderly affairs may then notify law enforcement if appropriate. This section applies to any person sixty (60) years of age or older regardless of where he or she 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 division of elderly affairs, or his or her designee. The division of elderly affairs may then notify law enforcement if appropriate. This section applies to any person sixty (60) years of age or older regardless of where he or she lives in the community. Reporting requirements relating to individuals in health care 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;
  • (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. 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 (24) hour notice of discharge to the department 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 elder 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 or his or her designee or appropriate law enforcement personnel.
  • (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 elder 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 or his or her designee or appropriate law enforcement personnel. of the division of elderly affairs, or his or her designee. The division of elderly affairs 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 said 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.
  • SECTION 3. This act shall take effect upon passage.
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  • LC001788
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO HEALTH AND SAFETY – ABUSE IN HEALTH CARE FACILITIES
  • ***
  • This act would expand the duty to report abuse in health care facilities to physician assistants and probation officers. It would expand the contents of any report to include additional relevant information and would include certain reporting requirements in the elderly affairs departments duty to report abuse of elderly requirement.
  • This act would take effect upon passage. ======== LC001788 ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Approval of Amendment

June 27, 2019 at 5:55pm
Yeas: 38 / Nays: 0 / Not voting: 0 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Bell Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Coyne Y
Sen. Crowley Y
Sen. Cruz Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. McKenney Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y
Sen. Valverde Y

Floor vote for Passage as Amended

June 27, 2019 at 5:56pm
Yeas: 38 / Nays: 0 / Not voting: 0 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Bell Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Coyne Y
Sen. Crowley Y
Sen. Cruz Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. McKenney Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y
Sen. Valverde Y