Section 40.1-27-7. – Non-retaliation or discrimination.
§ 40.1-27-7. Non-retaliation or discrimination. A program that discharges, discriminates, or retaliates against a person who makes a report, testifies, or is about to testify in any proceeding, shall be liable to the person so discharged, discriminated, or retaliated against, for treble damages, costs, and attorney’s fees. History of Section.P.L. 1990, ch. 414, § 1.
Section 40.1-27-8. – Abrogation of privilege.
§ 40.1-27-8. 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 […]
Section 40.1-27-9. – Notice — Posting provisions.
§ 40.1-27-9. 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 program required to be licensed under the provisions of § 40.1-24-1 et seq. History of Section.P.L. 1990, ch. 414, § 1.
Section 40.1-27-10. – Penalties for acts of abuse or neglect.
§ 40.1-27-10. Penalties for acts of abuse or neglect. (a) Any person who knowingly abuses, mistreats, or neglects a participant, or commits any acts of abuse, mistreatment, or neglect as those terms are defined by § 40.1-27-1(a)(1), (2), (3), or (4), shall be fined not more than three thousand dollars ($3,000) or imprisoned not more […]
Section 40.1-27-2. – Duty to report.
§ 40.1-27-2. Duty to report. (a) Any person within the scope of his or her employment at a program or in his or her professional capacity who has knowledge of, or reasonable cause to believe, that a participant in a program has been abused, mistreated, or neglected shall make, within twenty-four (24) hours or by […]
Section 40.1-27-3. – Duties of the director of the department of behavioral healthcare, developmental disabilities and hospitals.
§ 40.1-27-3. Duties of the director of the department of behavioral healthcare, developmental disabilities and hospitals. The director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her designee shall: (1) Notify the attorney general, or his or her designee, the chair of the program’s human rights committee forthwith upon receipt […]
Section 40.1-27-4. – Penalty — Failure to report.
§ 40.1-27-4. Penalty — Failure to report. (a) Any person so required to make a report as provided by § 40.1-27-2 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 […]
Section 40.1-27-5. – Physician’s report of examination — Duty of program.
§ 40.1-27-5. Physician’s report of examination — Duty of program. Whenever a program shall receive a report by a person other than a physician that a participant has been harmed as a result of abuse, neglect, or mistreatment, the program shall have the patient examined by a licensed physician. It shall be mandatory for the […]
Section 40.1-27-6. – Immunity from liability.
§ 40.1-27-6. Immunity from liability. Any person who, in good faith, makes an oral or written report pursuant to § 40.1-27-2, excluding any perpetrator or conspirator of the acts described in § 40.1-27-1, shall have immunity from any liability, civil or criminal, that might be incurred as a result of having made the report. No […]
Section 40.1-27-1. – Definitions.
§ 40.1-27-1. Definitions. (a) “Abuse” means: (1) Any assault as defined in chapter 5 of title 11; (2) Any assault as defined in chapter 37 of title 11; (3) Any offense under chapter 10 of title 11; (4) Any conduct that harms or is likely to physically harm the participant except where the conduct is […]