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§ 10210.501. Reporting by employees

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 7, 2011

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 57. Adult Protective Services Act (Refs & Annos)
Chapter 5. Reporting Suspected Abuse by Employees (Refs & Annos)
Effective: April 7, 2011
35 P.S. § 10210.501
§ 10210.501. Reporting by employees
(a) Mandatory reporting to agency.--
(1) An employee or an administrator who has reasonable cause to suspect that a recipient is a victim of abuse or neglect shall immediately make an oral report to an agency. If applicable, the agency shall advise the employee or administrator of additional reporting requirements that may pertain under subsection (b). An employee shall notify the administrator immediately following the report to the agency.
(2) Within 48 hours of making the oral report, the employee or administrator shall make a written report to the agency. The agency shall notify the administrator that a report of abuse has been made with the agency.
(3) The provisions of this section shall be satisfied when the administrator or employee submits a report to the incident reporting system. Nothing in this subsection shall prohibit an employee or administrator who has reasonable cause to suspect that a recipient is a victim of abuse or neglect from also making a report to the agency.
(b) Mandatory reports to law enforcement officials.--
(1) An employee or an administrator who has reasonable cause to suspect that a recipient is the victim of sexual abuse, serious injury or serious bodily injury or that a death is suspicious shall, in addition to contacting the agency and the department, immediately contact appropriate law enforcement officials to make an oral report. An employee shall notify the administrator immediately following the report to law enforcement officials, unless such notification would jeopardize the investigation or subject the recipient to further risk.
(2) Within 48 hours of making the oral report, the employee and the administrator shall make a joint written report to appropriate law enforcement officials.
(3) The law enforcement officials shall notify the administrator that a report has been made with the law enforcement officials, unless such notification would jeopardize the investigation or subject the recipient to further risk.
(4) The employee may request the administrator to make or to assist the employee to make the oral and written reports to law enforcement officials required by this subsection.
(c) Contents of report.--A written report under this section shall be submitted in a manner and on forms prescribed by the department. The report shall include, at a minimum, the following information:
(1) Name, age and address of the recipient.
(2) Name and address of the recipient's guardian, attorney-in-fact or next of kin.
(3) Name and address of the facility.
(4) Nature of the alleged offense.
(5) Any specific comments or observations that are directly related to the alleged incident and those involved.

Credits

2010, Oct. 7, P.L. 484, No. 70, § 501, effective in 6 months [April 7, 2011].
35 P.S. § 10210.501, PA ST 35 P.S. § 10210.501
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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