Section 22-46-9 – Mandatory reporting of abuse, neglect, or exploitation–Violation as misdemeanor.
22-46-9. Mandatory reporting of abuse, neglect, or exploitation–Violation as misdemeanor. Any: (1)Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical technician, social worker, or any health care professional; (2)Psychologist, licensed mental health professional, or counselor engaged in professional counseling; or (3)State, county, or municipal criminal […]
Section 22-46-10 – Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult–Violation as misdemeanor.
22-46-10. Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult–Violation as misdemeanor. Any staff member of a nursing facility, assisted living facility, adult day care center, or community support provider, or any residential care giver, individual providing homemaker services, […]
Section 22-46-11 – Voluntary reporting of abuse, neglect, or exploitation.
22-46-11. Voluntary reporting of abuse, neglect, or exploitation. Any person who knows or has reason to suspect that an elder or adult with a disability has been abused, neglected, or exploited as defined in §§22-46-1 to 22-46-3, inclusive, may report that information, regardless of whether that person is one of the mandatory reporters listed in […]
Section 22-45-8 – Suspension or exclusion from participation as provider of person convicted of committing offense.
22-45-8. Suspension or exclusion from participation as provider of person convicted of committing offense. Any person providing a good or a service under the program who has been determined to have committed an offense under §§22-45-2 to 22-45-7, inclusive, may be suspended or excluded from participation as a provider or an employee of a provider […]
Section 22-45-9 – Access to records by attorney general, state medicaid control unit, and grand jury.
22-45-9. Access to records by attorney general, state medicaid control unit, and grand jury. The attorney general and the state medicaid fraud control unit, upon reasonable request, and the grand jury, upon subpoena therefore, shall have full access to all records held by a provider or by any other person on his behalf, which could […]
Section 22-45-10 – Use of other civil or criminal remedy not precluded.
22-45-10. Use of other civil or criminal remedy not precluded. The provisions of this chapter are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy. Source: SL 1986, ch 187, §10.
Section 22-45-11 – Limitation on civil action.
22-45-11. Limitation on civil action. No civil action may be brought under this chapter more than six years after the cause of action accrues. Source: SL 1986, ch 187, §11.
Section 22-46-1 – Definition of terms.
22-46-1. Definition of terms. Terms used in this chapter mean: (1)”Adult with a disability,” a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself […]
Section 22-46-1.1 – Neglect–Exclusions from definition.
22-46-1.1. Neglect–Exclusions from definition. For the purposes of this chapter, the term, neglect, does not include a decision that is made to not seek medical care for an elder or disabled adult upon the expressed desire of the elder or disabled adult; a decision to not seek medical care for an elder or disabled adult […]
Section 22-46-2 – Abuse or neglect of elder or adult with a disability–Felony or misdemeanor.
22-46-2. Abuse or neglect of elder or adult with a disability–Felony or misdemeanor. Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony. Any person who emotionally or psychologically abuses an elder or adult with […]