§ 23-17.8-9 - Duties of the directors of the department of health and the department of mental health, retardation, and hospitals.
SECTION 23-17.8-9
§ 23-17.8-9 Duties of the directors of thedepartment of health and the department of mental health, retardation, andhospitals. – The directors of the department of health and the department of mental health,retardation and hospitals or their designee shall:
(1) Immediately notify the attorney general or his or herdesignee upon receipt of an oral or written report made pursuant to §23-17.8-2;
(2) Investigate and evaluate the information reported in thereports. The investigation and evaluation shall be made within twenty-four (24)hours if the department has reasonable cause to believe the patient's orresident's health or safety is in "immediate jeopardy"; within seven (7) daysfor reports deemed by the department to be of "non-immediate jeopardy –high potential for harm"; within twenty-one (21) days for reports deemed by thedepartment to be of "non-immediate jeopardy – medium potential for harm";and within sixty (60) days for reports deemed by the department to be of"non-immediate jeopardy – low potential for harm." The investigation shallinclude a visit to the facility, an interview with the patient or residentallegedly abused, mistreated, or neglected, a determination of the nature,extent, and cause or causes of the injuries, the identity of the person orpersons responsible for the injuries, and all other pertinent facts. Thedetermination shall be in writing;
(3) Evaluate the environment at the facility named in thereport and make a written determination of the risk of physical or emotionalinjury to any other patients or residents in the same facility;
(4) Forward to the attorney general within a reasonable timeafter a case is initially reported pursuant to § 23-17.8-2, subject tosubdivision (1), a summary of the findings and recommendations on each case;
(5) If the director or the director's designee has reasonablecause to believe that a patient or resident has died as a result of abuse,mistreatment, or neglect, immediately report the death to the attorney generaland the office of the medical examiner. The office of the medical examinershall investigate the report and communicate its preliminary findings, orallywithin seventy-two (72) hours, and in writing within seven (7) working days, tothe attorney general. The office of the medical examiner shall also communicateits final findings and conclusions, with the basis for its final findings andconclusions, to the same parties within sixty (60) days;
(6) Promulgate any regulations that may be necessary toimplement the provisions of this chapter;
(7) Maintain a file of the written reports prepared pursuantto this chapter. The written reports shall be confidential, but shall bereleased to the attorney general or to a court of competent jurisdiction, andmay be released, upon written request and with the approval of the director orhis or her designee, to the patient or resident, counsel, the reporting personor agency, the appropriate review board, or a social worker assigned to thecase.