Introduced

Under current law the findings of abuse and neglect investigations conducted by the Department of Mental Health are confidential and reports of the investigations can only be issued to the parent or guardian of the Department of Mental Health client who is the subject of the investigation. This act makes the final reports of substantiated department of mental health abuse and neglect investigations at state facilities and contract providers available as public documents, with restrictions on the release of any identifying information about clients and staff.

This act also increases the penalty for a mandated reporter not reporting abuse and neglect from an infraction to a Class A misdemeanor. This act also imposes sanctions and penalties on providers that prevent or discourage the reporting of abuse and neglect.

This act also establishes a mental health fatality review panel to review all deaths of clients of the Department of Mental Health.

The director of the Department of Mental Health shall promulgate rules, guidelines and protocols for hospitals and physicians to use to help them identify suspicious deaths of clients in the care and custody of the department. The director shall also promulgate rules for the certification of mental health death pathologists.

This act gives civil immunity to employees of the Department of Mental Health and contract providers who engage in discussion with the intent to help ensure that facilities and providers are aware of past history of potential employees that might create a danger to clients.

This act increases the penalty for community providers who do not correct problems cited by the Department of Mental Health in licensing inspections. The current fine is $100 per day. This act increases the penalty for up to $10,000 per day.

This act defines "vulnerable person" as any person who because of developmental disability or mental illness is unable to protect his or her own interests or adequately perform or obtain services that are necessary to meet his or her own essential human needs. This act also creates the crime of "vulnerable person abuse" and provides for mandatory reporting of suspected vulnerable person abuse.

ADRIANE CROUSE