Abuse and neglect reporting--investigation procedures--content ofreports--employee disqualification list maintained.
208.912. 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; vendor as defined in section 208.900;personal care attendant; or social worker has reasonable cause to believethat a consumer has been abused or neglected as defined in section 660.250,RSMo, as a result of the delivery of or failure to deliver personal careassistance services, he or she shall immediately report or cause a reportto be made to the department. If the report is made by a physician of theconsumer, the department shall maintain contact with the physicianregarding the progress of the investigation.
2. When a report of deteriorating physical condition resulting inpossible abuse or neglect of a consumer is received by the department, thedepartment's case manager and the department nurse shall be notified. Thecase manager shall investigate and immediately report the results of theinvestigation to the department nurse.
3. If requested, local area agencies on aging shall provide volunteertraining to those persons listed in subsection 1 of this section regardingthe detection and reporting of abuse and neglect under this section.
4. Any person required in subsection 1 of this section to report orcause a report to be made to the department who fails to do so within areasonable time after the act of abuse or neglect is guilty of a class Amisdemeanor.
5. The report shall contain the names and addresses of the vendor,the personal care attendant, and the consumer, and information regardingthe nature of the abuse or neglect, the name of the complainant, and anyother information which might be helpful in an investigation.
6. In addition to those persons required to report under subsection 1of this section, any other person having reasonable cause to believe that aconsumer has been abused or neglected by a personal care attendant mayreport such information to the department.
7. If the investigation indicates possible abuse or neglect of aconsumer, the investigator shall refer the complaint together with his orher report to the department director or his or her designee forappropriate action. If, during the investigation or at its completion, thedepartment has reasonable cause to believe that immediate action isnecessary to protect the consumer 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 consumer 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 consumer, for a period not to exceed thirty days.
8. Reports shall be confidential, as provided under section 660.320,RSMo.
9. Anyone, except any person who has abused or neglected a consumer,who makes a report pursuant to this section or who testifies in anyadministrative or judicial proceeding arising from the report shall beimmune from any civil or criminal liability for making such a report or fortestifying, except for liability for perjury, unless such person actednegligently, recklessly, in bad faith, or with malicious purpose.
10. Within five working days after a report required to be made underthis section is received, the person making the report shall be notified ofits receipt and of the initiation of the investigation.
11. No person who directs or exercises any authority as a vendor, andno personal care attendant, shall harass, dismiss or retaliate against aconsumer because he or she or any member of his or her family has made areport of any violation or suspected violation of laws, standards orregulations applying to the vendor or personal care attendant which he orshe has reasonable cause to believe has been committed or has occurred.
12. The department shall place on the employee disqualification listestablished in section 660.315, RSMo, the names of any persons who havebeen finally determined by the department to have recklessly, knowingly orpurposely abused or neglected a consumer while employed by a vendor, oremployed by a consumer as a personal care attendant.
13. The department shall provide the list maintained pursuant tosection 660.315, RSMo, to vendors as defined in section 208.900.
14. Any person, corporation or association who received the employeedisqualification list under subsection 13 of this section, or any personresponsible for providing health care service, who declines to employ orterminates a person whose name is listed in this section shall be immunefrom suit by that person or anyone else acting for or in behalf of thatperson for the failure to employ or for the termination of the person whosename is listed on the employee disqualification list.
Abuse and neglect reporting--investigation procedures--content ofreports--employee disqualification list maintained.
208.912. 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; vendor as defined in section 208.900;personal care attendant; or social worker has reasonable cause to believethat a consumer has been abused or neglected as defined in section 660.250,RSMo, as a result of the delivery of or failure to deliver personal careassistance services, he or she shall immediately report or cause a reportto be made to the department. If the report is made by a physician of theconsumer, the department shall maintain contact with the physicianregarding the progress of the investigation.
2. When a report of deteriorating physical condition resulting inpossible abuse or neglect of a consumer is received by the department, thedepartment's case manager and the department nurse shall be notified. Thecase manager shall investigate and immediately report the results of theinvestigation to the department nurse.
3. If requested, local area agencies on aging shall provide volunteertraining to those persons listed in subsection 1 of this section regardingthe detection and reporting of abuse and neglect under this section.
4. Any person required in subsection 1 of this section to report orcause a report to be made to the department who fails to do so within areasonable time after the act of abuse or neglect is guilty of a class Amisdemeanor.
5. The report shall contain the names and addresses of the vendor,the personal care attendant, and the consumer, and information regardingthe nature of the abuse or neglect, the name of the complainant, and anyother information which might be helpful in an investigation.
6. In addition to those persons required to report under subsection 1of this section, any other person having reasonable cause to believe that aconsumer has been abused or neglected by a personal care attendant mayreport such information to the department.
7. If the investigation indicates possible abuse or neglect of aconsumer, the investigator shall refer the complaint together with his orher report to the department director or his or her designee forappropriate action. If, during the investigation or at its completion, thedepartment has reasonable cause to believe that immediate action isnecessary to protect the consumer 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 consumer 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 consumer, for a period not to exceed thirty days.
8. Reports shall be confidential, as provided under section 660.320,RSMo.
9. Anyone, except any person who has abused or neglected a consumer,who makes a report pursuant to this section or who testifies in anyadministrative or judicial proceeding arising from the report shall beimmune from any civil or criminal liability for making such a report or fortestifying, except for liability for perjury, unless such person actednegligently, recklessly, in bad faith, or with malicious purpose.
10. Within five working days after a report required to be made underthis section is received, the person making the report shall be notified ofits receipt and of the initiation of the investigation.
11. No person who directs or exercises any authority as a vendor, andno personal care attendant, shall harass, dismiss or retaliate against aconsumer because he or she or any member of his or her family has made areport of any violation or suspected violation of laws, standards orregulations applying to the vendor or personal care attendant which he orshe has reasonable cause to believe has been committed or has occurred.
12. The department shall place on the employee disqualification listestablished in section 660.315, RSMo, the names of any persons who havebeen finally determined by the department to have recklessly, knowingly orpurposely abused or neglected a consumer while employed by a vendor, oremployed by a consumer as a personal care attendant.
13. The department shall provide the list maintained pursuant tosection 660.315, RSMo, to vendors as defined in section 208.900.
14. Any person, corporation or association who received the employeedisqualification list under subsection 13 of this section, or any personresponsible for providing health care service, who declines to employ orterminates a person whose name is listed in this section shall be immunefrom suit by that person or anyone else acting for or in behalf of thatperson for the failure to employ or for the termination of the person whosename is listed on the employee disqualification list.
Abuse and neglect reporting--investigation procedures--content ofreports--employee disqualification list maintained.
208.912. 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; vendor as defined in section 208.900;personal care attendant; or social worker has reasonable cause to believethat a consumer has been abused or neglected as defined in section 660.250,RSMo, as a result of the delivery of or failure to deliver personal careassistance services, he or she shall immediately report or cause a reportto be made to the department. If the report is made by a physician of theconsumer, the department shall maintain contact with the physicianregarding the progress of the investigation.
2. When a report of deteriorating physical condition resulting inpossible abuse or neglect of a consumer is received by the department, thedepartment's case manager and the department nurse shall be notified. Thecase manager shall investigate and immediately report the results of theinvestigation to the department nurse.
3. If requested, local area agencies on aging shall provide volunteertraining to those persons listed in subsection 1 of this section regardingthe detection and reporting of abuse and neglect under this section.
4. Any person required in subsection 1 of this section to report orcause a report to be made to the department who fails to do so within areasonable time after the act of abuse or neglect is guilty of a class Amisdemeanor.
5. The report shall contain the names and addresses of the vendor,the personal care attendant, and the consumer, and information regardingthe nature of the abuse or neglect, the name of the complainant, and anyother information which might be helpful in an investigation.
6. In addition to those persons required to report under subsection 1of this section, any other person having reasonable cause to believe that aconsumer has been abused or neglected by a personal care attendant mayreport such information to the department.
7. If the investigation indicates possible abuse or neglect of aconsumer, the investigator shall refer the complaint together with his orher report to the department director or his or her designee forappropriate action. If, during the investigation or at its completion, thedepartment has reasonable cause to believe that immediate action isnecessary to protect the consumer 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 consumer 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 consumer, for a period not to exceed thirty days.
8. Reports shall be confidential, as provided under section 660.320,RSMo.
9. Anyone, except any person who has abused or neglected a consumer,who makes a report pursuant to this section or who testifies in anyadministrative or judicial proceeding arising from the report shall beimmune from any civil or criminal liability for making such a report or fortestifying, except for liability for perjury, unless such person actednegligently, recklessly, in bad faith, or with malicious purpose.
10. Within five working days after a report required to be made underthis section is received, the person making the report shall be notified ofits receipt and of the initiation of the investigation.
11. No person who directs or exercises any authority as a vendor, andno personal care attendant, shall harass, dismiss or retaliate against aconsumer because he or she or any member of his or her family has made areport of any violation or suspected violation of laws, standards orregulations applying to the vendor or personal care attendant which he orshe has reasonable cause to believe has been committed or has occurred.
12. The department shall place on the employee disqualification listestablished in section 660.315, RSMo, the names of any persons who havebeen finally determined by the department to have recklessly, knowingly orpurposely abused or neglected a consumer while employed by a vendor, oremployed by a consumer as a personal care attendant.
13. The department shall provide the list maintained pursuant tosection 660.315, RSMo, to vendors as defined in section 208.900.
14. Any person, corporation or association who received the employeedisqualification list under subsection 13 of this section, or any personresponsible for providing health care service, who declines to employ orterminates a person whose name is listed in this section shall be immunefrom suit by that person or anyone else acting for or in behalf of thatperson for the failure to employ or for the termination of the person whosename is listed on the employee disqualification list.
