§ 23-17.8-1. Definitions. (a)(1) “Abuse” means: (i) Any assault as defined in chapter 5 of title 11, including, but not limited to, hitting, kicking, pinching, slapping, or the pulling of hair; provided, however, unless it is required as an element of the offense charged, it shall not be necessary to prove that the patient or […]
§ 23-17.8-10. Penalties. (a) Any person who knowingly commits any act of abuse, as that term is defined by § 23-17.8-1(a)(1)(i), (ii), (iii), or (iv), mistreatment, or neglect against a patient or resident of a facility shall be fined not more than three thousand dollars ($3,000) or imprisoned not more than three (3) years, or […]
§ 23-17.8-10.1. License revocation. Any person who is convicted of a violation of this chapter, except the posting requirement, shall forfeit any professional license or certification. Nothing in this section shall be construed to prevent the revocation or suspension of any professional license or certification whose plea or sentence shall not constitute a conviction under […]
§ 23-17.8-11. Records of the department of health. In any administrative, civil, or criminal proceeding in which the status of the license of any facility which is licensed or was licensed by the department of health is in issue, certified copies of relevant documents on file with the department and the certified statement of the […]
§ 23-17.8-12. Records of the department of behavioral healthcare, developmental disabilities and hospitals. In any administrative, civil, or criminal proceeding in which the status of the license of any facility which is licensed by the department of behavioral healthcare, developmental disabilities and hospitals is in issue, certified copies of relevant documents on file with the […]
§ 23-17.8-13. Use of photostatic copies. (a) Proof of residence status of patients/residents. For purposes of this chapter, the status of the residence of a patient or resident of a facility as that term is defined by § 23-17.8-1(c) may be proved by the contents of a medical chart or record of a facility in […]
§ 23-17.8-14. Severability. If any provision of this chapter or the application of any provision to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application, and to this […]
§ 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, firefighter, speech pathologist, audiologist, social worker, pharmacist, physical or occupational therapist, or health officer, or any person, […]
§ 23-17.8-3. Penalty — Failure to report. (a) Any person required to make a report as provided by § 23-17.8-2 and who fails to do so, shall be guilty of a misdemeanor and be punished by a fine of not more than five hundred dollars ($500). (b) Any person who alters or changes without authorization […]
§ 23-17.8-3.1. Physician’s, certified registered nurse practitioner’s and physician assistant’s report of examination — Duty of facility. Whenever a facility shall receive a report by a person other than a physician or a certified registered nurse practitioner or physician assistant that a patient or resident of the facility has been harmed as a result of […]
§ 23-17.8-4. Immunity from liability. (a) Any person who in good faith makes an oral or written report pursuant to § 23-17.8-2, excluding any perpetrator or conspirator of the patient abuse, mistreatment, or neglect, shall have immunity from any liability, civil or criminal, that might be incurred as a result of having made the report. […]
§ 23-17.8-5. Non-retaliation or discrimination. (a) A person who alleges a violation of this chapter may bring a civil action for appropriate injunctive relief, damages, or both within three (3) years after the occurrence of the alleged violation of § 23-17.8-4. (b) A facility which discharges, discriminates, or retaliates against a person who is about […]
§ 23-17.8-6. Abrogation of privilege. Any privilege established by chapter 37.3 of title 5 or any professional code, relating to the exclusion of confidential communications and/or the competency of witnesses, may not be invoked in any civil or criminal action arising out of a report made pursuant to this chapter or the failure to make […]
§ 23-17.8-7. Notice — Posting provisions. A notice of the reporting requirements imposed under this chapter, and of the penalty imposed for failure to report, shall be conspicuously posted on each floor of any facility required to be licensed under the provisions of chapter 17 of this title, chapter 17.4 of this title or chapter […]
§ 23-17.8-7.1. Penalty — Failure to post requirements. Any facility that fails to post, after written notice, the requirements of this chapter pursuant to § 23-17.8-7 shall be fined not more than five hundred ($500) dollars per day of the occurrence. History of Section.P.L. 1991, ch. 318, § 3.
§ 23-17.8-8. Requirements additional. Nothing contained in this chapter shall be deemed to abrogate, contravene, or diminish the reporting requirements contained in §§ 40-11-3, 40-11-3.1, 40-11-6, 40.1-5-40.1, or 42-66-8. History of Section.P.L. 1987, ch. 409, § 1; P.L. 1994, ch. 317, § 6.
§ 23-17.8-9. Duties of the directors of the department of health and the department of behavioral healthcare, developmental disabilities and hospitals. The directors of the department of health and the department of behavioral healthcare, developmental disabilities and hospitals or their designee shall: (1) Immediately notify the attorney general or his or her designee upon receipt […]
