2011 Louisiana Laws
Revised Statutes
TITLE 46 — Public welfare and assistance
RS 46:61 — Elderly abuse; release of information
§61. Elderly abuse; release of information
A.(1) The Department of Health and Hospitals shall, following an investigation by the department, the Office of Elderly Affairs, the office of the attorney general, or a local law enforcement agency, of any report of elderly abuse and the conviction of any person investigated for such abuse or the entering of a plea of guilty or nolo contendere by any person so investigated who is accused of such abuse, make available to any health care facility licensed by the department, upon request, the name and a photograph of any such person who has been convicted of or pled guilty or nolo contendere to a crime involving elderly abuse.
(2) The department shall maintain a record of the information required in this Section and shall periodically seek information from law enforcement officials and district attorneys from around the state to update such records, including the name and a photograph of any persons investigated as provided in this Section who has been convicted of or pled guilty or nolo contendere to a crime involving elderly abuse. Law enforcement officials and district attorneys shall cooperate with the department and shall provide the information requested in a timely manner.
(3) For purposes of this Section, "elderly abuse" shall mean abuse of any person sixty years of age or older and shall include the abuse of any infirm person residing in a state licensed facility.
B. The information released by the department shall constitute an authorized disclosure under the provisions of R.S. 15:1507.
C. The department, in consultation with the Office of Elderly Affairs, shall adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section, including provisions which establish procedures under which the department shall request information from law enforcement officials and district attorneys and which establish procedures under which health care facilities may request information concerning whether or not a person has been convicted of or pled guilty or nolo contendere to a crime listed in R.S. 14:403.2.
Acts 1997, No. 621, §1; Acts 2010, No. 861, §20.
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