Senate Committee Substitute

SCS/SB 3 - This act modifies various provisions relating to mental health.

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 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 suspicious 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.

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 dollars per day. This act increases the penalty for up to 10,000 dollars per day.

This act defines "vulnerable person" as any person in the custody, care, or control of the department that is receiving services from an operated, funded, licensed, or certified program. This act also creates the crime of "vulnerable person abuse" and provides for mandatory reporting of suspected vulnerable person abuse.

The Department of Mental Health shall notify the Department of Health and Senior Services within ten days of revoking a license of an operator of a facility. If the Department of Health and Senior Services has not already done so, the department shall, within 30 days of such notice, initiate an investigation of the facility to determine whether licensure action is appropriate.

This act also provides that by December 1, 2010, all residential care facilities and assisted living facilities licensed by the Department of Health and Senior Services shall have in place sprinklers, heat rise detectors, and smoke alarms. As part of licensure, such facilities shall be annually inspected by the division of fire safety within the department of public safety for testing and maintenance of the fire safety equipment. Reports of the inspections shall be forwarded to the Department of Health and Senior Services.

ADRIANE CROUSE


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