Rhode Island General Laws 42-66-10. Confidentiality of records
Any records of the department or other agency pertaining to a person reported to be abused, neglected, exploited or self-neglecting shall be confidential. The records shall not be deemed public and shall be considered records under § 38-2-2(4)(i). The director may, however, disclose to the attorney general, any local state; or federal police officials, appropriate courts, state departments, public or private agencies, or medical personnel, pertinent information that is necessary to investigate reports of abuse, neglect, exploitation, or self-neglect, the coordination of needed services, the protection of the elderly victim or criminal prosecution.
History of Section.
P.L. 1981, ch. 69, § 2; P.L. 1991, ch. 253, § 1; P.L. 2007, ch. 84, § 1; P.L. 2007, ch. 209, § 1.
Terms Used In Rhode Island General Laws 42-66-10
- Abuse: means physical abuse, sexual abuse, and/or emotional abuse of an elderly person by a caregiver as defined in subsection (5). See Rhode Island General Laws 42-66-4.1
- Exploitation: means the fraudulent or otherwise illegal, unauthorized or improper act or process of an individual, including, but not limited to, a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets by use of undue influence, harassment, duress, deception, false representation or false pretenses. See Rhode Island General Laws 42-66-4.1
- Neglect: means the willful failure by a caregiver or other person with a duty of care to provide goods or services necessary to avoid physical harm, mental harm or mental illness to an elderly person, including, but not limited to, "abandonment" (withdrawal of necessary assistance) and denial of food or health related services. See Rhode Island General Laws 42-66-4.1
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Self-neglect: means a pattern of behavior in an elderly person that directly, imminently and significantly threatens his/her own health and/or, safety. See Rhode Island General Laws 42-66-4.1