565.218. Mandatory reporting of vulnerable person abuse.
Mandatory reporting of vulnerable person abuse.
565.218. 1. When any physician, physician assistant, dentist,chiropractor, optometrist, podiatrist, intern, resident, nurse, nursepractitioner, medical examiner, social worker, licensed professionalcounselor, certified substance abuse counselor, psychologist, physicaltherapist, pharmacist, other health practitioner, minister, ChristianScience practitioner, facility administrator, nurse's aide or orderly in aresidential facility, day program or specialized service operated, fundedor licensed by the department or in a mental health facility or mentalhealth program in which people may be admitted on a voluntary basis or arecivilly detained pursuant to chapter 632, RSMo; or employee of thedepartments of social services, mental health, or health and seniorservices; or home health agency or home health agency employee; hospitaland clinic personnel engaged in examination, care, or treatment of persons;in-home services owner, provider, operator, or employee; law enforcementofficer; long-term care facility administrator or employee; mental healthprofessional; peace officer; probation or parole officer; or othernonfamilial person with responsibility for the care of a vulnerable person,as defined by section 630.005, RSMo, has reasonable cause to suspect thatsuch a person has been subjected to abuse or neglect or observes such aperson being subjected to conditions or circumstances that would reasonablyresult in abuse or neglect, he or she shall immediately report or cause areport to be made to the department in accordance with section 630.163,RSMo. Any other person who becomes aware of circumstances which mayreasonably be expected to be the result of or result in abuse or neglectmay report to the department. Notwithstanding any other provision of thissection, a duly ordained minister, clergy, religious worker, or ChristianScience practitioner while functioning in his or her ministerial capacityshall not be required to report concerning a privileged communication madeto him or her in his or her professional capacity.
2. Any person who knowingly fails to make a report as required insubsection 1 of this section is guilty of a class A misdemeanor and shallbe subject to a fine up to one thousand dollars. Penalties collected forviolations of this section shall be transferred to the state school moneysfund as established in section 166.051, RSMo, and distributed to the publicschools of this state in the manner provided in section 163.031, RSMo.Such penalties shall not be considered charitable for tax purposes.
3. Every person who has been previously convicted of or pled guiltyto failing to make a report as required in subsection 1 of this section andwho is subsequently convicted of failing to make a report under subsection2 of this section is guilty of a class D felony and shall be subject to afine up to five thousand dollars. Penalties collected for violation ofthis subsection shall be transferred to the state school moneys fund asestablished in section 166.051, RSMo, and distributed to the public schoolsof this state in the manner provided in section 163.031, RSMo. Suchpenalties shall not be considered charitable for tax purposes.
4. Any person who knowingly files a false report of vulnerable personabuse or neglect is guilty of a class A misdemeanor and shall be subject toa fine up to one thousand dollars. Penalties collected for violations ofthis subsection shall be transferred to the state school moneys fund asestablished in section 166.051, RSMo, and distributed to the public schoolsof this state in the manner provided in section 163.031, RSMo. Suchpenalties shall not be considered charitable for tax purposes.
5. Every person who has been previously convicted of or pled guiltyto making a false report to the department and who is subsequentlyconvicted of making a false report under subsection 4 of this section isguilty of a class D felony and shall be subject to a fine up to fivethousand dollars. Penalties collected for violations of this subsectionshall be transferred to the state school moneys fund as established insection 166.051, RSMo, and distributed to the public schools of this statein the manner provided in section 163.031, RSMo. Such penalties shall notconsidered charitable for tax purposes.
6. Evidence of prior convictions of false reporting shall be heard bythe court, out of the hearing of the jury, prior to the submission of thecase to the jury, and the court shall determine the existence of the priorconvictions.
7. Any residential facility, day program or specialized serviceoperated, funded or licensed by the department that prevents or discouragesa patient, resident or client, employee or other person from reporting thata patient, resident or client of a facility, program or service has beenabused or neglected shall be subject to loss of their license issuedpursuant to sections 630.705 to 630.760, and civil fines of up to fivethousand dollars for each attempt to prevent or discourage reporting.
(L. 2007 S.B. 3)