2020 Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2 - Law Enforcement Agencies and Programs
Chapter 12 - Crime Reporting and Investigations
Subchapter 17 - Adult and Long-Term Care Facility Resident Maltreatment Act
§ 12-12-1708. Persons required to report adult or long-term care facility resident maltreatment

1. (a)

   1. (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:

      1. (A) A physician;

      2. (B) A surgeon;

      3. (C) A coroner;

      4. (D) A dentist;

      5. (E) A dental hygienist;

      6. (F) An osteopath;

      7. (G) A resident intern;

      8. (H) A nurse;

      9. (I) A member of a hospital's personnel who is engaged in the administration, examination, care, or treatment of persons;

      10. (J) A social worker;

      11. (K) A case manager;

      12. (L) A home health worker;

      13. (M) A mental health professional;

      14. (N) A peace officer;

      15. (O) A law enforcement officer;

      16. (P) A facility administrator or owner;

      17. (Q) An employee in a facility;

      18. (R) An employee of the Department of Human Services, with the exception of an employee working with an ombudsman program established by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, in accordance with 42 U.S.C. § 3001 et seq., as it existed on January 1, 2017;

      19. (S) A firefighter;

      20. (T) An emergency medical technician;

      21. (U) An employee of a bank or other financial institution;

      22. (V) An employee of the United States Postal Service;

      23. (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;

      24. (X) A person associated with the care and treatment of animals, such as animal control officers and humane society officials;

      25. (Y) An employee who enforces code requirements for a city, township, or municipality;

      26. (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:

          1. (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

          2. (ii) Received the knowledge of the suspected maltreatment from the offender in the context of a statement of admission; or

   2. (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. (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.

2. (b)

   1. (1) A report for a long-term care facility resident shall be made:

      1. (A) Immediately to the local law enforcement agency for the jurisdiction in which the long-term care facility is located; and

      2. (B) To the Office of Long-Term Care, under rules of that office.

   2. (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.

3. (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.

4. (d)

   1. (1) Upon request the department shall provide a person listed in subdivision (a)(1) of this section with confirmation of receipt of a report of maltreatment.

   2. (2) However, confirmation shall consist only of the acknowledgement of receipt of the report and the date the report was made to the department.

(AA) An employee working under contract for, or a contractor of, the Department of Human Services when acting within the scope of his or her contract or employment.