[§349-23]  Retaliatory acts by facilities or
facility employees prohibited.  (a)  No resident of a long-term care
facility seeking advocacy assistance as provided for in section [349-21] or
making a complaint concerning a long-term care facility or any of its employees
shall be subject to any retaliatory act by the long-term care facility or any
of its employees for seeking advocacy assistance or making a complaint.



(b)  No person seeking advocacy assistance as
provided for in section [349-21] or making a complaint concerning a long-term
care facility or any of its employees on behalf of a resident of a long-term
care facility shall be subject to any retaliatory act by the long-term care
facility or any of its employees for seeking advocacy assistance or making a
complaint.



(c)  For the purposes of this section, the term
"retaliatory act" includes actual or threatened physical injury,
psychological abuse or neglect, sexual abuse, negligent treatment,
maltreatment, or any form of discrimination as reprisal for seeking advocacy
assistance or making a complaint.



(d)  A violation of this section shall be
reported by the long-term care ombudsman to the appropriate police department
or prosecuting attorney.



(e)  Any long-term care facility or long-term
care facility employee who violates this section shall be guilty of a
misdemeanor.  Each separate retaliatory act and each day during which any
retaliatory act continues shall constitute a separate offense. [L 1979, c 206,
§2(3); am L 1982, c 104, §1; am L 2007, c 93, §7]