Section 198.624

Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 28 Aug 2020   

  198.624.  Abuse or neglect of resident, use of footage, reporting requirements. — 1.  If a resident who has capacity to determine that he or she has been abused or neglected and who is conducting electronic monitoring under sections 198.610 to 198.632 gives footage made by the electronic monitoring device to a person and directs the person to view or listen to the footage to determine whether abuse or neglect has occurred, the person to whom the resident gives the footage is considered to have viewed or listened to the footage on or before the seventh day after the date the person receives the footage for the purposes of reporting abuse or neglect.

  2.  A person is required to report abuse based on the person's viewing of, or listening to, footage only if the incident of abuse is acquired on the footage.  A person is required to report neglect based on the person's viewing of, or listening to, footage only if it is clear from viewing or listening to the footage that neglect has occurred.

  3.  If abuse or neglect of the resident is reported to the facility, and the facility requests a copy of any relevant footage made by an electronic monitoring device, the person who possesses the footage shall provide the facility with a copy at the facility's expense.

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(L. 2020 H.B. 1387 & 1482)