Regulation detail

R.I. Gen. Laws § 42-66-8

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R.I. Gen. Laws § 42-66-8 active

Elder abuse — duty to report

Jurisdiction: RI Agency: Rhode Island General Assembly
Plain-English summary

This Rhode Island statute requires any person—and mandates specific licensed professionals—to immediately report suspected abuse, neglect, exploitation, or self-neglect of individuals aged 60 or older to the Office of Healthy Aging, regardless of where the elder resides. Reports must include detailed information about the reporter, the victim, and the incident. Failure to report carries a fine of up to $1,000, and reporters are protected from civil or criminal liability and employer retaliation.

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Regulation text
Title 42
State Affairs and Government

Chapter 66
Office of Healthy Aging

R.I. Gen. Laws § 42-66-8

§ 42-66-8. Abuse, neglect, exploitation, and self-neglect of elderly persons — Duty to report.

(a)
 Any person who has reasonable cause to believe that any person sixty (60) years of
 age or older has been abused, neglected, or exploited, or is self-neglecting, shall
 make an immediate report to the director of the office of healthy aging, or the director’s
 designee. The office of healthy aging may then notify law enforcement if appropriate.
 This section applies to any person sixty (60) years of age or older regardless of
 where the person lives in the community.

(b)
 Any physician, physician assistant, medical intern, registered nurse, licensed practical
 nurse, nurse’s aide, orderly, certified nursing assistant, medical examiner, dentist,
 optometrist, optician, chiropractor, podiatrist, coroner, police officer, probation
 officer, emergency medical technician, firefighter, speech pathologist, audiologist,
 social worker, pharmacist, physical or occupational therapist, or health officer,
 who has reasonable cause to believe that any person sixty (60) years of age or older
 has been abused, neglected, or exploited, or is self-neglecting, shall make an immediate
 report to the director of the office of healthy aging, or the director’s designee.
 The office of healthy aging may then notify law enforcement if appropriate. This section
 applies to any person sixty (60) years of age or older regardless of where the person
 lives in the community. Reporting requirements relating to individuals in healthcare
 facilities are further set forth in § 23-17.8-2. The report pursuant to this section shall contain:

(1)
 The name, address, telephone number, occupation, and employer’s address and the phone
 number of the person reporting;

(2)
 The name and address of the patient or resident who is believed to be the victim of
 the abuse, mistreatment, or neglect;

(3)
 The details, observations, and beliefs concerning the incident(s);

(4)
 Any statements regarding the incident made by the patient or 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 knowledge of the incident;

(7)
 The name of any individual(s) believed to have been responsible for the incident;

(8)
 The name of the individual’s caretaker, if known;

(9)
 Any medical treatment being received if immediately required and need to coordinate
 care, if known;

(10)
 Any other information the reporter believes relevant to the investigation; and

(11)
 The name and address of the reporter and where the reporter can be contacted. The
 reporter’s identity shall remain confidential unless disclosure is consented to by
 the reporter or by court order.

(c)
 Individuals required to report pursuant to the provisions of subsection (b) of this
 section shall, whenever practical and if known, provide twenty-four hour (24) notice
 of discharge to the office of healthy aging and shall include the address and telephone
 number of the individual being discharged.

(d)
 In cases of abuse, neglect, or exploitation, any person who fails to make the report
 shall be punished by a fine of not more than one thousand dollars ($1,000). Nothing
 in this section shall require an elderly person who is a victim of abuse, neglect,
 exploitation or who is self-neglecting, to make a report regarding such abuse, neglect,
 exploitation, or self-neglect to the director of the office of healthy aging, or the
 director’s designee. The office of healthy aging may then notify law enforcement if
 appropriate.

(e)
 No person required to report pursuant to the provisions of this section shall be liable
 in any civil or criminal action by reason of the report; provided, however, that such
 person did not perpetrate, inflict, or cause the abuse. No employer or supervisor
 may discharge, demote, transfer, reduce pay, benefits, or work privileges; prepare
 a negative work performance evaluation; or take any other action detrimental to an
 employee or supervisee who files a report in accordance with the provisions of this
 section by reason of such report.

History of Section.
P.L. 1981, ch. 69, § 2; P.L. 1988, ch. 304, § 1; P.L. 1991, ch. 253, § 1; P.L. 2007,
 ch. 84, § 1; P.L. 2007, ch. 209, § 1; P.L. 2014, ch. 277, § 2; P.L. 2014, ch. 333,
 § 2; P.L. 2019, ch. 107, § 2; P.L. 2019, ch. 142, § 2.