§ 465. Criminal background check for certified nurses assistants and certified home health aide applicants
(a) All initial certified nurse assistant and certified home health aide applicants, shall as a requirement for certification, undergo a criminal background check. (b) Certified nurse assistants and home health aides certified prior to January 1, 2009, shall, as a condition of renewal of their certificates, undergo a criminal background checks. Commencing January 1, 200p […]
§ 466. Access to information
(a) Unless otherwise prohibited by law, the Police Department shall make available to the Department of Health and the Department of Human Services, at no cost as determined by the Virgin Islands Police Department, access to the Virgin Islands Police Department database; or (b) The Virgin Islands Police Department and the Department of Health may […]
§ 467. Statement as to knowledge of compliance with reporting requirements
(a) Any person who enters into employment on or after January 1, 2009, as a care custodian, clergy member, health practitioner, or with the Department Human Services or a local law enforcement agency, before commencing his employment and as a prerequisite to the employment, shall sign a statement on a form provided by the prospective […]
§ 469. Criminal abuse or neglect of an elder or dependent adult
(a) A person being a caregiver is guilty of felony criminal abuse or neglect of an elder or dependent adult person punishable by a term of imprisonment of not less than one year nor more than three years, who and knowingly (1) performs an acts that causes an elder or dependent adults’ life to be […]
§ 455. Evidentiary privileges
Nothing in this chapter may be construed as requiring an attorney to violate the attorney’s oath and duties.
§ 456. Disclosure; penalties
(a) The reports required by this chapter are confidential and may be disclosed only as provided in this section. Any violation of the confidentiality required by this chapter is a misdemeanor punishable by a fine of $500 or not less than six month’s imprisonment, or both such fine and imprisonment. (b) Reports of suspected elder […]
§ 457. Identity of person reporting; confidentiality
(a) The identity of any person who reports under this chapter is confidential and may be disclosed only among the following agencies or persons representing the agency: (1) The Department Human Services; (2) A licensing agency; (3) A local law enforcement agency; (4) The office of the Attorney General; (5) Department of Health; (6) The […]
§ 458. Immunity from liability of persons authorized to report abuse; attorney costs
(a) A care custodian, clergy member, health practitioner, or employee of the Department of Human Services or a local law enforcement agency is not civilly or criminally liable for any report required or authorized by this chapter. (b) Any other person reporting a known or suspected instance of elder or dependent adult abuse does not […]
§ 459. Cross-report to law enforcement agency and licensing agency
(a) The Department of Human Services, local law enforcement agencies and the ombudsman shall report the results of their investigations, referrals or reports of elder or dependent adult abuse to the respective referring or reporting agencies in the following manner: (1) The Department of Human Services shall, within 24 hours after the reported incident or […]
§ 453. Mandated reporter; duties
(a) Any mandated reporter who, in the mandated reporter’s professional capacity, or within the scope of the mandated reporter’s employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he has experienced […]