Rhode Island General Laws 42-66-9. Obstruction of provision of services
(a) No person shall obstruct the provision of available and existing services to a person sixty (60) years of age or older who has been abused, neglected, exploited or who is self-neglecting. For the purposes of this section, “obstruction” shall mean threats, intimidation, assaults and/or abuse, whether physical or emotional, made with the intent to prevent or dissuade the recipient or proposed recipient from accepting, requesting, and/or receiving services available under § 42-66-8. Any person who violates the provisions of this section shall be punished by a fine of not more than five hundred dollars ($500).
Terms Used In Rhode Island General Laws 42-66-9
- 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
(b) However, nothing in this chapter is construed to mean a person is abused, neglected, exploited or is self-neglecting for the sole reason that person is being furnished or relies upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a church or religious denomination recognized by the laws of this state.
(c) No person shall deny access to a person sixty (60) years of age or older who is alleged to be a victim of abuse, neglect, exploitation or who is self-neglecting, while the staff person is investigating a report made under this chapter.
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.