2005 Connecticut Code - Sec. 46a-11b. (Formerly Sec. 19a-458a). Reports of suspected abuse or neglect required of certain persons. Report by others. Immunity. Fine. Treatment by Christian Science practitioner.
Sec. 46a-11b. (Formerly Sec. 19a-458a). Reports of suspected abuse or neglect
required of certain persons. Report by others. Immunity. Fine. Treatment by
Christian Science practitioner. (a) Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether
or not so licensed, any registered nurse, any person paid for caring for persons in any
facility and any licensed practical nurse, medical examiner, dental hygienist, dentist,
occupational therapist, optometrist, chiropractor, psychologist, podiatrist, social
worker, school teacher, school principal, school guidance counselor, school paraprofessional, mental health professional, physician assistant, licensed or certified substance
abuse counselor, licensed marital and family therapist, speech pathologist, clergyman,
police officer, pharmacist, physical therapist, licensed professional counselor or sexual
assault counselor or battered women's counselor as defined in section 52-146k who has
reasonable cause to suspect or believe that any person with mental retardation has been
abused or neglected shall, as soon as practicable but not later than seventy-two hours
after such person has reasonable cause to suspect or believe that a person with mental
retardation has been abused or neglected, report such information or cause a report to
be made in any reasonable manner to the director or persons the director designates to
receive such reports. Such initial report shall be followed up by a written report not later
than five calendar days after the initial report was made. Any person required to report
under this subsection who fails to make such report shall be fined not more than five
(c) Each facility, as defined in section 46a-11a, shall inform residents of their rights and the staff of their responsibility to report abuse or neglect and shall establish appropriate policies and procedures to facilitate such reporting.
(d) Any other person having reasonable cause to believe that a person with mental retardation is being or has been abused or neglected may report such information, in any reasonable manner, to the director or to his designee.
(e) Any person who makes any report pursuant to sections 46a-11a to 46a-11g, inclusive, or who testifies in any administrative or judicial proceeding arising from such report shall be immune from any civil or criminal liability on account of such report or testimony, except for liability for perjury, unless such person acted in bad faith or with malicious purpose. Any person who obstructs, hinders or endangers any person reporting or investigating abuse or neglect or providing protective services or who makes a report in bad faith or with malicious purpose and who is not subject to any other penalty shall be fined not more than five hundred dollars. No resident or employee of a facility, as defined in section 46a-11a, shall be subject to reprisal or discharge because of his actions in reporting pursuant to sections 46a-11a to 46a-11g, inclusive.
(f) For purposes of said sections, the treatment of any person with mental retardation by a Christian Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute grounds for the implementation of protective services.
(g) When the director of the Office of Protection and Advocacy for Persons with Disabilities or persons designated by such director are required to investigate or monitor abuse or neglect reports that are referred to the Office of Protection and Advocacy for Persons with Disabilities from another agency, all provisions of this section shall apply to any investigation or monitoring of such case or report.
(P.A. 84-514, S. 2, 11; P.A. 86-285, S. 3; P.A. 93-340, S. 8, 19; P.A. 95-63, S. 2; 95-289, S. 6; P.A. 96-186, S. 2; P.A. 99-102, S. 46; P.A. 04-12, S. 2.)
History: P.A. 84-514 effective February 1, 1985; P.A. 86-285 applied provisions to cases of suspected neglect, deleted in Subsec. (a) the requirement that the facility serve mentally retarded persons, deleted requirement in Subsec. (d) that report be written and added in Subsec. (e) a provision that a person may be fined for obstructing, hindering or endangering any person reporting or investigating abuse and neglect or providing protective services; Sec. 19a-458a transferred to Sec. 46a-11b in 1991; P.A. 93-340 amended Subsec. (a) to add school principals, school guidance counselors, school paraprofessionals, mental health professionals, physician assistants, Connecticut certified substance abuse counselors, Connecticut certified marital and family therapists, sexual assault counselors and battered women's counselors to list of persons required to report suspected abuse or neglect, effective July 1, 1993; P.A. 95-63 substituted "person with mental retardation" for "mentally retarded person"; P.A. 95-289 changed marital and family therapists from "Connecticut certified" to "licensed"; P.A. 96-186 added Subsec. (g) concerning applicability of section to Office of Protection and Advocacy for Persons with Disabilities; P.A. 99-102 amended Subsec. (a) by deleting "Connecticut" and adding "licensed or" before "certified", deleting obsolete reference to osteopathy and to chapter 371 and made a technical change; P.A. 04-12 amended Subsec. (a) by adding "licensed professional counselor" to list of persons required to report suspected abuse, changing time frame for making initial report of suspected abuse to not later than seventy-two hours after person suspects or has reason to believe abuse has occurred and specifying that written report is required not later than five calendar days after initial report was made.
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