§ 23-17.8-2 - Duty to report.
SECTION 23-17.8-2
§ 23-17.8-2 Duty to report. – (a) Any physician, medical intern, registered nurse, licensed practical nurse,nurse's aide, orderly, certified nursing assistant, medical examiner, dentist,optometrist, optician, chiropractor, podiatrist, coroner, police officer,emergency medical technician, fire-fighter, speech pathologist, audiologist,social worker, pharmacist, physical or occupational therapist, or healthofficer, or any person, within the scope of their employment at a facility orin their professional capacity, who has knowledge of or reasonable cause tobelieve that a patient or resident in a facility has been abused, mistreated,or neglected shall make, within twenty-four (24) hours or by the end of thenext business day, a telephone report to the director of the department ofhealth or his or her designee for those incidents involving health carefacilities, and in addition to the office of the state long-term careombudsperson for those incidents involving nursing facilities, assisted livingresidences, home care and home nursing care providers, veterans' homes andlong-term care units in Eleanor Slater Hospital, or to the director of thedepartment of mental health, retardation and hospitals or his or her designeefor those incidents involving community residences for people who are mentallyretarded or persons with developmental disabilities. The report shall contain:
(1) The name, address, telephone number, occupation, andemployer's address and the phone number of the person reporting;
(2) The name and address of the patient or resident who isbelieved to be the victim of the abuse, mistreatment, or neglect;
(3) The details, observations, and beliefs concerning theincident(s);
(4) Any statements regarding the incident made by the patientor resident and to whom they were made;
(5) The date, time, and place of the incident;
(6) The name of any individual(s) believed to have knowledgeof the incident;
(7) The name of any individual(s) believed to have beenresponsible for the incident.
(b) In addition to those persons required to report pursuantto this section, any other person may make a report if that person hasreasonable cause to believe that a patient or resident of a facility has beenabused, mistreated, or neglected.
(c) Any person required to make a report pursuant to thissection shall be deemed to have complied with these requirements if a report ismade to a high managerial agent of the facility in which the alleged incidentoccurred. Once notified, the high managerial agent shall be required to meetall reporting requirements of this section within the time frames specified bythis chapter.
(d) Telephone reports made pursuant to subsection (a) shallbe followed-up within three (3) business days with a written report.