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The Florida Statutes

The 1999 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 415
Adult Protective Services
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415.1034  Mandatory reporting of abuse, neglect, or exploitation of disabled adults or elderly persons; mandatory reports of death.--

(1)  MANDATORY REPORTING.--

(a)  Any person, including, but not limited to, any:

1.  Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of disabled adults or elderly persons;

2.  Health professional or mental health professional other than one listed in subparagraph 1.;

3.  Practitioner who relies solely on spiritual means for healing;

4.  Nursing home staff; assisted living facility staff; adult day care center staff; adult family-care home staff; social worker; or other professional adult care, residential, or institutional staff;

5.  State, county, or municipal criminal justice employee or law enforcement officer;

6.  Human rights advocacy committee or long-term care ombudsman council member; or

7.  Bank, savings and loan, or credit union officer, trustee, or employee,

who knows, or has reasonable cause to suspect, that a disabled adult or an elderly person has been or is being abused, neglected, or exploited shall immediately report such knowledge or suspicion to the central abuse registry and tracking system on the single statewide toll-free telephone number.

(b)  To the extent possible, a report made pursuant to paragraph (a) must contain, but need not be limited to, the following information:

1.  Name, age, race, sex, physical description, and location of each disabled adult or an elderly person alleged to have been abused, neglected, or exploited.

2.  Names, addresses, and telephone numbers of the disabled adult's or elderly person's family members.

3.  Name, address, and telephone number of each alleged perpetrator.

4.  Name, address, and telephone number of the caregiver of the disabled adult or elderly person, if different from the alleged perpetrator.

5.  Name, address, and telephone number of the person reporting the alleged abuse, neglect, or exploitation.

6.  Description of the physical or psychological injuries sustained.

7.  Actions taken by the reporter, if any, such as notification of the criminal justice agency.

8.  Any other information available to the reporting person which may establish the cause of abuse, neglect, or exploitation that occurred or is occurring.

(2)  MANDATORY REPORTS OF DEATH.--Any person who is required to investigate reports of abuse, neglect, or exploitation and who has reasonable cause to suspect that a disabled adult or an elderly person died as a result of abuse, neglect, or exploitation shall immediately report the suspicion to the appropriate medical examiner, to the appropriate criminal justice agency, and to the department, notwithstanding the existence of a death certificate signed by a practicing physician. The medical examiner shall accept the report for investigation pursuant to s. 406.11 and shall report the findings of the investigation, in writing, to the appropriate local criminal justice agency, the appropriate state attorney, and the department. Autopsy reports maintained by the medical examiner are not subject to the confidentiality requirements provided for in s. 415.107.

History.--s. 96, ch. 95-418; s. 10, ch. 97-98; s. 42, ch. 97-264; s. 256, ch. 98-166.