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 40.1-27-7. – 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 40.1-26-6. – Immunity from liability.
§ 40.1-26-6. Immunity from liability. The state shall protect and hold harmless any volunteer member of a human rights committee from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of his or her […]
Section 40.1-26-6.1. – Good-faith immunity.
§ 40.1-26-6.1. Good-faith immunity. Any volunteer member of a human rights committee, acting in good faith and meeting the requirements of this statute, shall have immunity from any liability, civil or criminal, that might be incurred in the performance of his or her duties as a volunteer member of a human rights committee and shall […]
Section 40.1-26-7. – Deprivation of rights — Penalty.
§ 40.1-26-7. Deprivation of rights — Penalty. Any person who willfully withholds from, or denies to, any participant in an agency any of his or her rights as granted in this chapter or who retaliates against a participant who exercises the right to register an alleged violation of rights or on whose behalf a grievance […]
Section 40.1-26-8. – Disqualification.
§ 40.1-26-8. Disqualification. A person convicted of any crime under this chapter shall be disqualified from holding any position in any agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals. History of Section.P.L. 1994, ch. 83, § 3.