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The Florida Statutes
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The 1995 Florida Statutes

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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, osteopath, medical examiner, chiropractor, 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; [Footnote 1] 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.
[Footnote 1] Note. Section 3, ch. 95-209, provides that
"the term Adult Congregate Living Facility' shall be changed
to Assisted Living Facility.' "
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