§ 23-17.8-4 - Immunity from liability.
SECTION 23-17.8-4
§ 23-17.8-4 Immunity from liability.– (a) Any person who in good faith makes an oral or written report pursuant to§ 23-17.8-2, excluding any perpetrator or conspirator of the patientabuse, mistreatment, or neglect, shall have immunity from any liability, civilor criminal, that might be incurred as a result of having made the report. Nofacility shall discharge or in any manner discriminate or retaliate against anyperson who in good faith makes a report, testifies, or is about to testify inany proceeding about the abuse, mistreatment, or neglect of patients orresidents in the facilities.
(b) No facility shall discharge, threaten, or in any mannerdiscriminate or retaliate against any employee regarding the employee'scompensation, terms, conditions, location, duration, or privileges ofemployment because:
(1) The employee, or a person acting on behalf of theemployee, reports or is about to report to a public body, verbally or inwriting, or who, in good faith, makes a report, testifies, or is about totestify in any proceeding, about the abuse, mistreatment, or neglect ofpatients or residents in the facility, unless the employee knows or has reasonto know that the report is false; or
(2) An employee is requested by a public body to testify orparticipate in an investigation, hearing, or inquiry held by that public body,or a court action.
(c) For the purposes of this section, "public body" means allof the following:
(1) A state officer, employee, agency, department, division,bureau, board, commission, council, authority, or other body in the executivebranch of state government.
(2) An agency, board, commission, council, member, oremployee of the legislative branch of state government.
(3) A law enforcement agency or any member or employee of alaw enforcement agency.
(4) The judiciary and any member or employee of the judiciary.