§ 12-12-1708 - Persons required to report adult or long-term care facility resident maltreatment.
               	 		
12-12-1708.    Persons required to report adult or long-term care facility resident maltreatment.
    (a)    (1)  Whenever  any of the following persons has observed or has reasonable cause to  suspect that an endangered person or an impaired person has been  subjected to conditions or circumstances that constitute adult  maltreatment or long-term care facility resident maltreatment, the  person shall immediately report or cause a report to be made in  accordance with the provisions of this section:
            (A)  A physician;
            (B)  A surgeon;
            (C)  A coroner;
            (D)  A dentist;
            (E)  A dental hygienist;
            (F)  An osteopath;
            (G)  A resident intern;
            (H)  A nurse;
            (I)  A member of a hospital's personnel who is engaged in the administration, examination, care, or treatment of persons;
            (J)  A social worker;
            (K)  A case manager;
            (L)  A home health worker;
            (M)  A mental health professional;
            (N)  A peace officer;
            (O)  A law enforcement officer;
            (P)  A facility administrator or owner;
            (Q)  An employee in a facility;
            (R)  An employee of the Department of Human Services;
            (S)  A firefighter;
            (T)  An emergency medical technician;
            (U)  An employee of a bank or other financial institution;
            (V)  An employee of the United States Postal Service;
            (W)  An  employee or a volunteer of a program or an organization funded  partially or wholly by the department who enters the home of or has  contact with an elderly person;
            (X)  A person associated with the care and treatment of animals, such as animal control officers and humane society officials;
            (Y)  An employee who enforces code requirements for a city, township, or municipality; or
            (Z)  Any  clergy member, including without limitation, a minister, a priest, a  rabbi, an accredited Christian Science practitioner, or any other  similar functionary of a religious organization, or an individual  reasonably believed to be a minister, a priest, a rabbi, an accredited  Christian Science practitioner, or any other similar functionary of a  religious organization by the person consulting him or her, except to  the extent he or she:
                  (i)  Has  acquired knowledge of suspected maltreatment through communications  required to be kept confidential pursuant to the religious discipline of  the relevant denomination or faith; or
                  (ii)  Received the knowledge of the suspected maltreatment from the offender in the context of a statement of admission.
      (2)  Whenever  a person is required to report under this subchapter in his or her  capacity as a member of the staff, an employee in or owner of a  facility, or an employee of the department, he or she shall immediately  notify the person in charge of the institution, facility, or agency, or  that person's designated agent, who shall then become responsible for  making a report or cause a report to be made within twenty-four (24)  hours or on the next business day, whichever is earlier.
      (3)  In  addition to those persons and officials required to report suspected  maltreatment, any other person may make a report if the person has  observed an adult or long-term care facility resident being maltreated  or has reasonable cause to suspect that an adult or long-term care  facility resident has been maltreated.
(b)    (1)  A report for a long-term care facility resident shall be made:
            (A)  Immediately to the local law enforcement agency for the jurisdiction in which the long-term care facility is located; and
            (B)  To the Office of Long-Term Care, under regulations of that office.
      (2)  A  report of a maltreated adult who does not reside in a long-term care  facility shall be made to the adult and long-term care facility  maltreatment hotline provided in    12-12-1707.
(c)  No  privilege or contract shall relieve any person required by this  subchapter to make a notification or report from the requirement of  making the notification or report.