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§ 10210.506. Penalties

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. § 10210.506
§ 10210.506. Penalties
Currentness
(a) Administrative.--
(1) An administrator who intentionally or willfully fails to comply or obstructs compliance with the provisions of this chapter or intimidates or commits a retaliatory act against an employee who complies in good faith with the provisions of this chapter commits a violation of this chapter and shall be subject to an administrative penalty under paragraph (3).
(2) A facility owner that intentionally or willfully fails to comply with or obstructs compliance with this chapter or that intimidates or commits a retaliatory act against an employee who complies in good faith with this chapter commits a violation of this chapter and shall be subject to an administrative penalty under paragraph (3).
(3) The Commonwealth agency or Commonwealth agencies which regulate a facility shall have jurisdiction to determine violations of this chapter and may issue an order assessing a civil penalty of not more than $2,500. An order under this paragraph is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
(b) Criminal.--
(1) An administrator who intentionally or willfully fails to comply or obstructs compliance with this chapter commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of $2,500 or to imprisonment for not more than one year, or both.
(2) A facility owner that intentionally or willfully fails to comply with or obstructs compliance with this chapter commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of $2,500 or to imprisonment for not more than one year, or both.
(c) Penalties for failure to report.--A person required under this chapter to report a case of suspected abuse or neglect who willfully fails to do so commits a summary offense for the first violation and a misdemeanor of the third degree for a second or subsequent violation.
(d) Whistleblower protection.--A person required under this act to report a case of suspected abuse or neglect shall not be subject to any retaliatory action for reporting suspected abuse or neglect and shall have the protections and remedies set forth in the act of December 12, 1986 (P.L. 1559, No. 169),1 known as the Whistleblower Law.

Credits

2010, Oct. 7, P.L. 484, No. 70, § 506, effective in 6 months [April 7, 2011].

Footnotes

1
43 P.S. § 1421 et seq.
35 P.S. § 10210.506, PA ST 35 P.S. § 10210.506
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
End of Document