52-3-811. Reports. (1) When the professionals and other persons listed in subsection (3) know or have reasonable cause to suspect that a vulnerable adult known to them in their professional or official capacities has been subjected to abuse, sexual abuse, neglect, or exploitation, they shall:

Terms Used In Montana Code 52-3-811

  • Abuse: means :

    (a)the infliction of physical or mental injury;

    (b)the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of a vulnerable adult without lawful authority. See Montana Code 52-3-803

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-3-803
  • Exploitation: means :

    (a)the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;

    (b)an act taken by a person who has the trust and confidence of a vulnerable adult to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;

    (c)the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult done in the course of an offer or sale of insurance or securities in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property. See Montana Code 52-3-803

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Long-term care facility: has the meaning provided in 50-5-101. See Montana Code 52-3-803
  • Neglect: means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for a vulnerable adult or who has voluntarily assumed responsibility for the a vulnerable adult's care, including an employee of a public or private residential institution, facility, home, or agency, to provide food, shelter, clothing, or services necessary to maintain the physical or mental health of the vulnerable adult. See Montana Code 52-3-803
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Sexual abuse: means the commission of sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, incest, or sexual abuse of children as described in Title 45, chapter 5, part 5, and Title 45, chapter 8, part 2. See Montana Code 52-3-803
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Vulnerable adult: means a person who:

    (a)is 60 years of age or older; or

    (b)is 18 years of age or older and:

    (i)is a person with a physical or mental impairment that substantially limits or restricts the person's ability to provide for their own care or protection; or

    (ii)has a developmental disability as defined in 53-20-102. See Montana Code 52-3-803

(a)if the vulnerable adult is not a resident of a long-term care facility, report the matter to:

(i)the department or its local affiliate; or

(ii)the county attorney of the county in which the vulnerable adult resides or in which the acts that are the subject of the report occurred;

(b)if the vulnerable adult is a resident of a long-term care facility, report the matter to the long-term care ombudsman appointed under the provisions of 42 U.S.C. § 3027(a)(12) and to the department. The department shall investigate the matter pursuant to its authority in 50-5-204 and 52-3-804 and, if it finds any allegations of abuse, sexual abuse, neglect, or exploitation contained in the report to be substantially true, forward a copy of the report to the county attorney as provided in subsection (1)(a)(ii).

(2)If the report required in subsection (1) involves an act or omission of the department that may be construed as abuse, sexual abuse, neglect, or exploitation, a copy of the report may not be sent to the department but must be sent instead to the county attorney of the county in which the vulnerable adult resides or in which the acts that are the subject of the report occurred.

(3)Professionals and other persons required to report are:

(a)a physician, resident, intern, professional or practical nurse, physician assistant, or member of a hospital staff engaged in the admission, examination, care, or treatment of persons;

(b)an osteopath, dentist, denturist, chiropractor, optometrist, podiatrist, medical examiner, coroner, or any other health or mental health professional;

(c)an ambulance attendant;

(d)an employee of the state, a county, or a municipality assisting a vulnerable adult in the application for or receipt of public assistance payments or services;

(e)a person who maintains or is employed by a roominghouse, retirement home or complex, nursing home, group home, adult foster care home, adult day-care center, or assisted living facility or an agency or individual that provides home health services or personal care in the home;

(f)an attorney, unless the attorney acquired knowledge of the facts required to be reported from a client and the attorney-client privilege applies;

(g)a peace officer or other law enforcement official;

(h)a person providing services to a vulnerable adult pursuant to a contract with a state or federal agency;

(i)an employee of the department while in the conduct of the employee’s duties; and

(j)a conservator, legal guardian, or representative payee.

(4)Except as provided under 45 C.F.R. § 1324.19, a long-term care ombudsman who is a professional or other person listed in subsection (3) shall be exempt from mandatory reporting of abuse, neglect, and exploitation when knowledge of the facts required to be reported are acquired while the long-term care ombudsman is acting in the ombudsman’s official capacity as an ombudsman.

(5)Any other persons or entities may, but are not required to, submit a report in accordance with subsection (1).

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