22 §3477. Persons mandated to report suspected abuse, neglect or exploitation
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION HEADING: PL 1973, C. 790, §1 (AMD)
Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT HEADING: PL 1981, C. 527, §1 (NEW)
Subchapter 1-A: REPORTING OF ABUSE, NEGLECT OR EXPLOITATION HEADING: PL 1981, C. 705, §2 (NEW)
§3477. Persons mandated to report suspected abuse, neglect or exploitation
1. Report required. The following persons immediately shall report to the department when the person has reasonable cause to suspect that an incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or exploitation:
A. While acting in a professional capacity:
(1) An allopathic or osteopathic physician;
(2) A medical intern;
(3) A medical examiner;
(4) A physician's assistant;
(5) A dentist;
(6) A chiropractor;
(7) A podiatrist;
(8) A registered or licensed practical nurse;
(9) A certified nursing assistant;
(10) A social worker;
(11) A psychologist;
(12) A pharmacist;
(13) A physical therapist;
(14) A speech therapist;
(15) An occupational therapist;
(16) A mental health professional;
(17) A law enforcement official;
(18) Emergency room personnel;
(19) An ambulance attendant;
(20) An emergency medical technician;
(21) Unlicensed assistive personnel;
(22) A humane agent employed by the Department of Agriculture, Food and Rural Resources;
(23) A clergy member acquiring the information as a result of clerical professional work except for information received during confidential communications;
(24) A sexual assault counselor; or
(25) A family or domestic violence victim advocate; [2007, c. 577, §5 (AMD).]
B. Any person who has assumed full, intermittent or occasional responsibility for the care or custody of the incapacitated or dependent adult, regardless of whether the person receives compensation; or [2003, c. 653, §9 (RPR).]
C. Any person affiliated with a church or religious institution who serves in an administrative capacity or has otherwise assumed a position of trust or responsibility to the members of that church or religious institution, while acting in that capacity, regardless of whether the person receives compensation. [2003, c. 653, §9 (RPR).]
The duty to report under this subsection applies to individuals who must report directly to the department. A supervisor or administrator of a person making a report under this section may not impede or inhibit the reporting, and a person making a report may not be subject to any sanction for making a report. Internal procedures to facilitate, ensure confidentiality of and apprise supervisors and administrators of reports may be established as long as those procedures are not inconsistent with this chapter.
[ 2007, c. 577, §5 (AMD) .]
1-A. Permitted reporters. An animal control officer, as defined in Title 7, section 3907, subsection 4, may report to the department when that person has reasonable cause to suspect that an incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or exploitation.
[ 2007, c. 139, §1 (NEW) .]
2. Reports. Reports regarding abuse, neglect or exploitation must be made immediately by telephone to the department and must be followed by a written report within 48 hours if requested by the department. The reports must contain the name and address of the involved adult; information regarding the nature and extent of the abuse, neglect or exploitation; the source of the report; the person making the report; that person's occupation; and where that person can be contacted. The report may contain any other information that the reporter believes may be helpful.
[ 2003, c. 653, §10 (AMD) .]
3. Confidentiality in case of treatment of individual suspected of causing abuse, neglect or exploitation. This section does not require any person acting in that person's professional capacity to report when all of the following requirements are met:
A. The factual basis for knowing or suspecting abuse, neglect or exploitation of an adult covered under this subchapter derives from the professional's treatment of the individual suspected of causing the abuse, neglect or exploitation; [1981, c. 705, Pt. E, §2 (NEW).]
B. The treatment was sought by the individual for a problem relating to the abuse, neglect or exploitation; and [1981, c. 705, Pt. E, §2 (NEW).]
C. In the opinion of the person required to report, the abused, neglected or exploited adult's life or health is not immediately threatened. [1981, c. 705, Pt. E, §2 (NEW).]
[ 2003, c. 653, §11 (AMD) .]
4. Confidentiality in case of treatment of individual suspected of being abused, neglected or exploited. This section does not require any person acting in that person's professional capacity to report when all of the following requirements are met:
A. The factual basis for knowing or suspecting abuse, neglect or exploitation of an adult covered under this subchapter derives from the professional's treatment of the individual suspected of being abused, neglected or exploited; [2003, c. 653, §12 (NEW).]
B. The treatment was sought by the individual for a problem relating to the abuse, neglect or exploitation; and [2003, c. 653, §12 (NEW).]
C. In the opinion of the person required to report, the individual is not incapacitated and the individual's life or health is not immediately threatened. [2003, c. 653, §12 (NEW).]
[ 2003, c. 653, §12 (NEW) .]
5. Permissive reporting of animal cruelty, abuse or neglect. Notwithstanding any other provision of state law imposing a duty of confidentiality, a person listed in subsection 1 may report a reasonable suspicion of animal cruelty, abuse or neglect to the local animal control officer or to the animal welfare program of the Department of Agriculture, Food and Rural Resources established pursuant to Title 7, section 3902. For purposes of this subsection, the reporter shall disclose only such limited confidential information as is necessary for the local animal control officer or animal welfare program employee to identify the animal's location and status and the owner's name and address. For purposes of this subsection, "cruelty, abuse or neglect" has the same meaning as provided in Title 34-B, section 1901, subsection 1, paragraph B. A reporter under this subsection may assert immunity from civil and criminal liability under Title 34-B, chapter 1, subchapter 6.
[ 2007, c. 140, §4 (NEW) .]
SECTION HISTORY
1981, c. 705, §E2 (NEW). 1983, c. 616, §1 (AMD). 1989, c. 259, §6 (AMD). 1989, c. 858, §11 (AMD). 1995, c. 696, §B3 (AMD). 1997, c. 453, §4 (AMD). 2001, c. 345, §3 (AMD). 2003, c. 145, §1 (AMD). 2003, c. 210, §§1,2 (AMD). 2003, c. 510, §E2 (AMD). 2003, c. 510, §E4 (AFF). 2003, c. 599, §§9,14 (AFF). 2003, c. 599, §7 (AMD). 2003, c. 653, §§9-12 (AMD). 2007, c. 139, §1 (AMD). 2007, c. 140, §4 (AMD). 2007, c. 577, §5 (AMD).