§295.6010. Abuse, Neglect, and Financial Exploitation Prevention and Reporting

a)         When the establishment has a reasonable belief that a resident has been the victim of abuse, neglect, or financial exploitation, the establishment shall:

 

1)         Notify the Department within 24 hours after receiving the allegation, by contacting the Assisted Living Complaint Registry by telephone, fax, or other electronic means.  The establishment shall document this report and maintain documentation  on the premises for 12 months after the date of the report.

 

2)         Investigate and develop a written report within 14 days after the initial report. The establishment shall send the written report to the Department within 24 hours after it is completed and shall maintain a copy of the written report on the premises for 12 months after the date of the report.

 

b)         A written report of the investigation conducted pursuant to subsection (a)(2) shall contain at least the following:

 

1)         Dates, times, and description of the alleged abuse, neglect or financial exploitation;

 

2)         Description of any injury to the resident;

 

3)         Description of any change in the resident's physical, cognitive, functional, or emotional condition;

 

4)         Any actions taken by the licensee;

 

5)         A list of individuals and agencies interviewed or notified by the establishment;

 

6)         Names of witnesses to the alleged abuse, neglect, or financial exploitation; and

 

7)         If the abuse, neglect, or financial exploitation is substantial, a description of the action to be taken by the establishment to prevent the abuse, neglect or financial exploitation from occurring in the future.

 

c)         Establishment employees and volunteers are obligated to report abuse, neglect, or financial exploitation of a resident to the establishment management and to the Department.

 

d)         When the establishment has a reasonable belief that abuse, neglect or financial exploitation occurred, the perpetrator, if an employee or volunteer, shall be removed from direct contact with residents.