New York Public Health Code § 2803-D

Reporting abuses of persons receiving care or services in residential health care facilities
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§ 2803-d. Reporting abuses of persons receiving care or services in\nresidential health care facilities. 1. The following persons are\nrequired to report in accordance with this section when they have\nreasonable cause to believe that a person receiving care or services in\na residential health care facility has been abused, mistreated,\nneglected or subjected to the misappropriation of property by other than\na person receiving care or services in the facility: any operator or\nemployee of such facility, or employee of any corporation, partnership,\norganization or other entity which, and any other person who, is under\ncontract with such facility, and any nursing home administrator,\nphysician, medical examiner, coroner, physician's associate,\nspecialist's assistant, osteopath, chiropractor, physical therapist,\noccupational therapist, registered professional nurse, licensed\npractical nurse, dentist, podiatrist, optometrist, pharmacist,\npsychologist, licensed master social worker, licensed clinical social\nworker, speech pathologist and audiologist.\n  2. In addition to those persons required to report suspected abuse,\nmistreatment, neglect or misappropriation of the property of persons\nreceiving care or services in residential health care facilities, any\nother person may make such a report if he or she has reasonable cause to\nbelieve that a person receiving care or services has been abused,\nmistreated, neglected or subjected to the misappropriation of property\nin the facility.\n  3. Reports of suspected abuse, mistreatment, neglect or the\nmisappropriation of property made pursuant to this section shall be made\nimmediately by telephone and in writing within forty-eight hours to the\ndepartment. The department shall provide forms, which shall be available\nto be downloaded from the department's website, which may be, but are\nnot required to be, used for making the written reports. Written reports\nshall include the following information: the identity of the person\nmaking the report and where he can be found; the name and address of the\nresidential health care facility; the names of the operator and\nadministrator of the facility, if known; the name of the subject of the\nalleged abuse, mistreatment, neglect or misappropriation of property, if\nknown; the nature and extent of the abuse, mistreatment, neglect or\nmisappropriation of property; the date, time and specific location of\nthe occurrence; the names of next of kin or sponsors of the subject of\nthe alleged abuse, mistreatment, neglect or misappropriation of\nproperty, if known; and any other information which the person making\nthe report believes would be helpful to further the purposes of this\nsection. Such written reports shall be admissible in evidence,\nconsistent with the provisions of paragraph (f) of subdivision six of\nthis section, in any actions or proceedings relating to abuse,\nmistreatment, neglect or misappropriation of property of persons\nreceiving care or services in residential health care facilities.\nWritten reports made other than on forms supplied by the commissioner\nwhich contain the information required herein shall be treated as if\nmade on such forms.\n  4. Any person who in good faith makes a report pursuant to this\nsection shall have immunity from any liability, civil or criminal, for\nhaving made such a report. For the purpose of any proceeding, civil or\ncriminal, the good faith of any person required to report instances of\nabuse, mistreatment, neglect or misappropriation of property of persons\nreceiving care or services in residential health care facilities shall\nbe presumed.\n  5. Notwithstanding the provisions of section two hundred thirty of\nthis chapter, any licensed person who commits an act of abuse,\nmistreatment, neglect or misappropriation of property of a person\nreceiving care or services in a residential health care facility and any\nlicensed person required by this section to report an instance of\nsuspe

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