Abuse or neglect of residents--reports, when, by whom--contents ofreport--failure to report, penalty--investigation, referral ofcomplaint, removal of resident--confidentiality of report--immunity,exception--prohibition against retaliation--penalty--employeelist--self-reporting of incidents, investigations, when.
198.070. 1. When any adult day care worker; chiropractor; ChristianScience practitioner; coroner; dentist; embalmer; employee of thedepartments of social services, mental health, or health and seniorservices; employee of a local area agency on aging or an organized areaagency on aging program; funeral director; home health agency or homehealth agency employee; hospital and clinic personnel engaged inexamination, care, or treatment of persons; in-home services owner,provider, operator, or employee; law enforcement officer; long-term carefacility administrator or employee; medical examiner; medical resident orintern; mental health professional; minister; nurse; nurse practitioner;optometrist; other health practitioner; peace officer; pharmacist; physicaltherapist; physician; physician's assistant; podiatrist; probation orparole officer; psychologist; social worker; or other person with the careof a person sixty years of age or older or an eligible adult has reasonablecause to believe that a resident of a facility has been abused orneglected, he or she shall immediately report or cause a report to be madeto the department.
2. The report shall contain the name and address of the facility, thename of the resident, information regarding the nature of the abuse orneglect, the name of the complainant, and any other information which mightbe helpful in an investigation.
3. Any person required in subsection 1 of this section to report orcause a report to be made to the department who knowingly fails to make areport within a reasonable time after the act of abuse or neglect asrequired in this subsection is guilty of a class A misdemeanor.
4. In addition to the penalties imposed by this section, anyadministrator who knowingly conceals any act of abuse or neglect resultingin death or serious physical injury, as defined in section 565.002, RSMo,is guilty of a class D felony.
5. In addition to those persons required to report pursuant tosubsection 1 of this section, any other person having reasonable cause tobelieve that a resident has been abused or neglected may report suchinformation to the department.
6. Upon receipt of a report, the department shall initiate aninvestigation within twenty-four hours and, as soon as possible during thecourse of the investigation, shall notify the resident's next of kin orresponsible party of the report and the investigation and further notifythem whether the report was substantiated or unsubstantiated unless suchperson is the alleged perpetrator of the abuse or neglect. As provided insection 565.186, RSMo, substantiated reports of elder abuse shall bepromptly reported by the department to the appropriate law enforcementagency and prosecutor.
7. If the investigation indicates possible abuse or neglect of aresident, the investigator shall refer the complaint together with theinvestigator's report to the department director or the director's designeefor appropriate action. If, during the investigation or at its completion,the department has reasonable cause to believe that immediate removal isnecessary to protect the resident from abuse or neglect, the department orthe local prosecuting attorney may, or the attorney general upon request ofthe department shall, file a petition for temporary care and protection ofthe resident in a circuit court of competent jurisdiction. The circuitcourt in which the petition is filed shall have equitable jurisdiction toissue an ex parte order granting the department authority for the temporarycare and protection of the resident, for a period not to exceed thirtydays.
8. Reports shall be confidential, as provided pursuant to section660.320, RSMo.
9. Anyone, except any person who has abused or neglected a residentin a facility, who makes a report pursuant to this section or who testifiesin any administrative or judicial proceeding arising from the report shallbe immune from any civil or criminal liability for making such a report orfor testifying except for liability for perjury, unless such person actednegligently, recklessly, in bad faith or with malicious purpose. It is acrime pursuant to section 565.186 and 565.188, RSMo, for any person topurposely file a false report of elder abuse or neglect.
10. Within five working days after a report required to be madepursuant to this section is received, the person making the report shall benotified in writing of its receipt and of the initiation of theinvestigation.
11. No person who directs or exercises any authority in a facilityshall evict, harass, dismiss or retaliate against a resident or employeebecause such resident or employee or any member of such resident's oremployee's family has made a report of any violation or suspected violationof laws, ordinances or regulations applying to the facility which theresident, the resident's family or an employee has reasonable cause tobelieve has been committed or has occurred. Through the existingdepartment information and referral telephone contact line, residents,their families and employees of a facility shall be able to obtaininformation about their rights, protections and options in cases ofeviction, harassment, dismissal or retaliation due to a report being madepursuant to this section.
12. Any person who abuses or neglects a resident of a facility issubject to criminal prosecution under section 565.180, 565.182, or 565.184,RSMo.
13. The department shall maintain the employee disqualification listand place on the employee disqualification list the names of any personswho are or have been employed in any facility and who have been finallydetermined by the department pursuant to section 660.315, RSMo, to haveknowingly or recklessly abused or neglected a resident. For purposes ofthis section only, "knowingly" and "recklessly" shall have the meaningsthat are ascribed to them in this section. A person acts "knowingly" withrespect to the person's conduct when a reasonable person should be aware ofthe result caused by his or her conduct. A person acts "recklessly" whenthe person consciously disregards a substantial and unjustifiable risk thatthe person's conduct will result in serious physical injury and suchdisregard constitutes a gross deviation from the standard of care that areasonable person would exercise in the situation.
14. The timely self-reporting of incidents to the central registry bya facility shall continue to be investigated in accordance with departmentpolicy, and shall not be counted or reported by the department as ahot-line call but rather a self-reported incident. If the self-reportedincident results in a regulatory violation, such incident shall be reportedas a substantiated report.
(1989) Owners and operators of nursing home were convicted of knowing neglect where they had knowledge of neglect in administration of required care; but persons may not be convicted of knowing neglect simply because of ownership or supervisory authority over a facility. (Mo.banc) State v. Dale, 775 S.W.2d 126.
(1989) Statute making it a Class D felony to knowingly abuse or neglect resident of nursing care facility, held not unconstitutionally vague. Owners or managers responsible for known abuse or neglect. State v. Dale 775 S.W.2d 126 (Mo.banc).
(1989) Where statute requires a finding of knowing neglect and "neglect" is specifically defined in § 198.006, RSMo, statutes are not unconstitutionally vague. (Mo.banc) State v. Dale, 775 S.W.2d 126.
(2003) Subsection 10 of section implicitly creates a private cause of action for nursing home district employees terminated in violation of the statute. Bachtel v. Miller County Nursing Home District, 110 S.W.3d 799 (Mo.banc).
Abuse or neglect of residents--reports, when, by whom--contents ofreport--failure to report, penalty--investigation, referral ofcomplaint, removal of resident--confidentiality of report--immunity,exception--prohibition against retaliation--penalty--employeelist--self-reporting of incidents, investigations, when.
198.070. 1. When any adult day care worker; chiropractor; ChristianScience practitioner; coroner; dentist; embalmer; employee of thedepartments of social services, mental health, or health and seniorservices; employee of a local area agency on aging or an organized areaagency on aging program; funeral director; home health agency or homehealth agency employee; hospital and clinic personnel engaged inexamination, care, or treatment of persons; in-home services owner,provider, operator, or employee; law enforcement officer; long-term carefacility administrator or employee; medical examiner; medical resident orintern; mental health professional; minister; nurse; nurse practitioner;optometrist; other health practitioner; peace officer; pharmacist; physicaltherapist; physician; physician's assistant; podiatrist; probation orparole officer; psychologist; social worker; or other person with the careof a person sixty years of age or older or an eligible adult has reasonablecause to believe that a resident of a facility has been abused orneglected, he or she shall immediately report or cause a report to be madeto the department.
2. The report shall contain the name and address of the facility, thename of the resident, information regarding the nature of the abuse orneglect, the name of the complainant, and any other information which mightbe helpful in an investigation.
3. Any person required in subsection 1 of this section to report orcause a report to be made to the department who knowingly fails to make areport within a reasonable time after the act of abuse or neglect asrequired in this subsection is guilty of a class A misdemeanor.
4. In addition to the penalties imposed by this section, anyadministrator who knowingly conceals any act of abuse or neglect resultingin death or serious physical injury, as defined in section 565.002, RSMo,is guilty of a class D felony.
5. In addition to those persons required to report pursuant tosubsection 1 of this section, any other person having reasonable cause tobelieve that a resident has been abused or neglected may report suchinformation to the department.
6. Upon receipt of a report, the department shall initiate aninvestigation within twenty-four hours and, as soon as possible during thecourse of the investigation, shall notify the resident's next of kin orresponsible party of the report and the investigation and further notifythem whether the report was substantiated or unsubstantiated unless suchperson is the alleged perpetrator of the abuse or neglect. As provided insection 565.186, RSMo, substantiated reports of elder abuse shall bepromptly reported by the department to the appropriate law enforcementagency and prosecutor.
7. If the investigation indicates possible abuse or neglect of aresident, the investigator shall refer the complaint together with theinvestigator's report to the department director or the director's designeefor appropriate action. If, during the investigation or at its completion,the department has reasonable cause to believe that immediate removal isnecessary to protect the resident from abuse or neglect, the department orthe local prosecuting attorney may, or the attorney general upon request ofthe department shall, file a petition for temporary care and protection ofthe resident in a circuit court of competent jurisdiction. The circuitcourt in which the petition is filed shall have equitable jurisdiction toissue an ex parte order granting the department authority for the temporarycare and protection of the resident, for a period not to exceed thirtydays.
8. Reports shall be confidential, as provided pursuant to section660.320, RSMo.
9. Anyone, except any person who has abused or neglected a residentin a facility, who makes a report pursuant to this section or who testifiesin any administrative or judicial proceeding arising from the report shallbe immune from any civil or criminal liability for making such a report orfor testifying except for liability for perjury, unless such person actednegligently, recklessly, in bad faith or with malicious purpose. It is acrime pursuant to section 565.186 and 565.188, RSMo, for any person topurposely file a false report of elder abuse or neglect.
10. Within five working days after a report required to be madepursuant to this section is received, the person making the report shall benotified in writing of its receipt and of the initiation of theinvestigation.
11. No person who directs or exercises any authority in a facilityshall evict, harass, dismiss or retaliate against a resident or employeebecause such resident or employee or any member of such resident's oremployee's family has made a report of any violation or suspected violationof laws, ordinances or regulations applying to the facility which theresident, the resident's family or an employee has reasonable cause tobelieve has been committed or has occurred. Through the existingdepartment information and referral telephone contact line, residents,their families and employees of a facility shall be able to obtaininformation about their rights, protections and options in cases ofeviction, harassment, dismissal or retaliation due to a report being madepursuant to this section.
12. Any person who abuses or neglects a resident of a facility issubject to criminal prosecution under section 565.180, 565.182, or 565.184,RSMo.
13. The department shall maintain the employee disqualification listand place on the employee disqualification list the names of any personswho are or have been employed in any facility and who have been finallydetermined by the department pursuant to section 660.315, RSMo, to haveknowingly or recklessly abused or neglected a resident. For purposes ofthis section only, "knowingly" and "recklessly" shall have the meaningsthat are ascribed to them in this section. A person acts "knowingly" withrespect to the person's conduct when a reasonable person should be aware ofthe result caused by his or her conduct. A person acts "recklessly" whenthe person consciously disregards a substantial and unjustifiable risk thatthe person's conduct will result in serious physical injury and suchdisregard constitutes a gross deviation from the standard of care that areasonable person would exercise in the situation.
14. The timely self-reporting of incidents to the central registry bya facility shall continue to be investigated in accordance with departmentpolicy, and shall not be counted or reported by the department as ahot-line call but rather a self-reported incident. If the self-reportedincident results in a regulatory violation, such incident shall be reportedas a substantiated report.
(1989) Owners and operators of nursing home were convicted of knowing neglect where they had knowledge of neglect in administration of required care; but persons may not be convicted of knowing neglect simply because of ownership or supervisory authority over a facility. (Mo.banc) State v. Dale, 775 S.W.2d 126.
(1989) Statute making it a Class D felony to knowingly abuse or neglect resident of nursing care facility, held not unconstitutionally vague. Owners or managers responsible for known abuse or neglect. State v. Dale 775 S.W.2d 126 (Mo.banc).
(1989) Where statute requires a finding of knowing neglect and "neglect" is specifically defined in § 198.006, RSMo, statutes are not unconstitutionally vague. (Mo.banc) State v. Dale, 775 S.W.2d 126.
(2003) Subsection 10 of section implicitly creates a private cause of action for nursing home district employees terminated in violation of the statute. Bachtel v. Miller County Nursing Home District, 110 S.W.3d 799 (Mo.banc).
Abuse or neglect of residents--reports, when, by whom--contents ofreport--failure to report, penalty--investigation, referral ofcomplaint, removal of resident--confidentiality of report--immunity,exception--prohibition against retaliation--penalty--employeelist--self-reporting of incidents, investigations, when.
198.070. 1. When any adult day care worker; chiropractor; ChristianScience practitioner; coroner; dentist; embalmer; employee of thedepartments of social services, mental health, or health and seniorservices; employee of a local area agency on aging or an organized areaagency on aging program; funeral director; home health agency or homehealth agency employee; hospital and clinic personnel engaged inexamination, care, or treatment of persons; in-home services owner,provider, operator, or employee; law enforcement officer; long-term carefacility administrator or employee; medical examiner; medical resident orintern; mental health professional; minister; nurse; nurse practitioner;optometrist; other health practitioner; peace officer; pharmacist; physicaltherapist; physician; physician's assistant; podiatrist; probation orparole officer; psychologist; social worker; or other person with the careof a person sixty years of age or older or an eligible adult has reasonablecause to believe that a resident of a facility has been abused orneglected, he or she shall immediately report or cause a report to be madeto the department.
2. The report shall contain the name and address of the facility, thename of the resident, information regarding the nature of the abuse orneglect, the name of the complainant, and any other information which mightbe helpful in an investigation.
3. Any person required in subsection 1 of this section to report orcause a report to be made to the department who knowingly fails to make areport within a reasonable time after the act of abuse or neglect asrequired in this subsection is guilty of a class A misdemeanor.
4. In addition to the penalties imposed by this section, anyadministrator who knowingly conceals any act of abuse or neglect resultingin death or serious physical injury, as defined in section 565.002, RSMo,is guilty of a class D felony.
5. In addition to those persons required to report pursuant tosubsection 1 of this section, any other person having reasonable cause tobelieve that a resident has been abused or neglected may report suchinformation to the department.
6. Upon receipt of a report, the department shall initiate aninvestigation within twenty-four hours and, as soon as possible during thecourse of the investigation, shall notify the resident's next of kin orresponsible party of the report and the investigation and further notifythem whether the report was substantiated or unsubstantiated unless suchperson is the alleged perpetrator of the abuse or neglect. As provided insection 565.186, RSMo, substantiated reports of elder abuse shall bepromptly reported by the department to the appropriate law enforcementagency and prosecutor.
7. If the investigation indicates possible abuse or neglect of aresident, the investigator shall refer the complaint together with theinvestigator's report to the department director or the director's designeefor appropriate action. If, during the investigation or at its completion,the department has reasonable cause to believe that immediate removal isnecessary to protect the resident from abuse or neglect, the department orthe local prosecuting attorney may, or the attorney general upon request ofthe department shall, file a petition for temporary care and protection ofthe resident in a circuit court of competent jurisdiction. The circuitcourt in which the petition is filed shall have equitable jurisdiction toissue an ex parte order granting the department authority for the temporarycare and protection of the resident, for a period not to exceed thirtydays.
8. Reports shall be confidential, as provided pursuant to section660.320, RSMo.
9. Anyone, except any person who has abused or neglected a residentin a facility, who makes a report pursuant to this section or who testifiesin any administrative or judicial proceeding arising from the report shallbe immune from any civil or criminal liability for making such a report orfor testifying except for liability for perjury, unless such person actednegligently, recklessly, in bad faith or with malicious purpose. It is acrime pursuant to section 565.186 and 565.188, RSMo, for any person topurposely file a false report of elder abuse or neglect.
10. Within five working days after a report required to be madepursuant to this section is received, the person making the report shall benotified in writing of its receipt and of the initiation of theinvestigation.
11. No person who directs or exercises any authority in a facilityshall evict, harass, dismiss or retaliate against a resident or employeebecause such resident or employee or any member of such resident's oremployee's family has made a report of any violation or suspected violationof laws, ordinances or regulations applying to the facility which theresident, the resident's family or an employee has reasonable cause tobelieve has been committed or has occurred. Through the existingdepartment information and referral telephone contact line, residents,their families and employees of a facility shall be able to obtaininformation about their rights, protections and options in cases ofeviction, harassment, dismissal or retaliation due to a report being madepursuant to this section.
12. Any person who abuses or neglects a resident of a facility issubject to criminal prosecution under section 565.180, 565.182, or 565.184,RSMo.
13. The department shall maintain the employee disqualification listand place on the employee disqualification list the names of any personswho are or have been employed in any facility and who have been finallydetermined by the department pursuant to section 660.315, RSMo, to haveknowingly or recklessly abused or neglected a resident. For purposes ofthis section only, "knowingly" and "recklessly" shall have the meaningsthat are ascribed to them in this section. A person acts "knowingly" withrespect to the person's conduct when a reasonable person should be aware ofthe result caused by his or her conduct. A person acts "recklessly" whenthe person consciously disregards a substantial and unjustifiable risk thatthe person's conduct will result in serious physical injury and suchdisregard constitutes a gross deviation from the standard of care that areasonable person would exercise in the situation.
14. The timely self-reporting of incidents to the central registry bya facility shall continue to be investigated in accordance with departmentpolicy, and shall not be counted or reported by the department as ahot-line call but rather a self-reported incident. If the self-reportedincident results in a regulatory violation, such incident shall be reportedas a substantiated report.
(1989) Owners and operators of nursing home were convicted of knowing neglect where they had knowledge of neglect in administration of required care; but persons may not be convicted of knowing neglect simply because of ownership or supervisory authority over a facility. (Mo.banc) State v. Dale, 775 S.W.2d 126.
(1989) Statute making it a Class D felony to knowingly abuse or neglect resident of nursing care facility, held not unconstitutionally vague. Owners or managers responsible for known abuse or neglect. State v. Dale 775 S.W.2d 126 (Mo.banc).
(1989) Where statute requires a finding of knowing neglect and "neglect" is specifically defined in § 198.006, RSMo, statutes are not unconstitutionally vague. (Mo.banc) State v. Dale, 775 S.W.2d 126.
(2003) Subsection 10 of section implicitly creates a private cause of action for nursing home district employees terminated in violation of the statute. Bachtel v. Miller County Nursing Home District, 110 S.W.3d 799 (Mo.banc).
