ADULT ABUSE

For the purpose of reporting under this section, "Adult' means any person sixty (60) years of age or older within this state who is handicapped by the infirmities of aging or who has a physical or mental impairment which prevents him from providing for his own care or protection, and who resides in an independent living arrangement (i.e., including but not limited to a private home, apartment, trailer, or rooming house)..." ORC § 5101.60  (B)

Any attorney, physician, osteopath, podiatrist, chiropractor, dentist, psychologist, any employee of a hospital, any nurse, any employee of an ambulatory health facility, any employee of a home health agency, any employee of an adult foster care facility, any employee of a community alternative home, any senior service provider, any peace officer, coroner, clergyman, any employee of a community mental health facility, and any person engaged in social work or counseling having reasonable cause to believe that an adult is being abused, neglected, or exploited, or is in a condition which is the result of abuse, neglect, or exploitation shall immediately report such belief to the County Department of Human Services.

The report may be written or oral, but oral reports shall be followed by a written report if requested by the department. All reports are confidential.

Any person with reasonable cause to believe that an adult is suffering abuse, neglect, or exploitation who makes a report shall be immune from civil or criminal liability, except liability for perjury, unless the person has acted in bad faith or with malicious purpose. ORC § 5101.61 Violation of this section can result in a fine of not more than five hundred dollars ($500). ORC § 5101.99

No person who owns, operates, or administers, or who is an agent or employee of a care facility shall do any of the following:

• commit gross abuse against a resident or patient of the facility (a violation is termed "gross patient abuse," an aggravated felony of the second degree);
• commit abuse against a resident or patient of the facility (a violation is termed "patient abuse," a felony of the fourth degree; if previously convicted, then it is a felony of the third degree);
• commit gross neglect against a resident or patient of the facility (a violation is termed "gross patient neglect," a misdemeanor of the first degree; if previously convicted, then it is a felony of the fourth degree);
• commit neglect against a resident or patient of the facility (a violation is termed "patient neglect," a misdemeanor of the second degree; if previously convicted, then it is a felony of the fourth degree). ORC § 2903.34

"It is an affirmative defense to a charge of gross neglect or neglect under this section that the actor's conduct was committed in good faith solely because the actor was ordered to commit the conduct by a person with supervisory authority over the actor." ORC § 2903.34 (B)

Whenever a physician, including a hospital intern or resident, has reason to believe that a mentally retarded or developmentally disabled adult has suffered any wound, injury, disability, or condition of such a nature as to reasonably indicate abuse or neglect of the adult, he or she shall immediately report this information to the municipal police, county sheriff, or the Department of Mental Retardation and Developmental Disabilities.

The reports may be made by telephone or in person and shall be followed by a written report.

When the physician is performing services as a member of the staff of a hospital or similar institution, he or she must notify the person in charge of the institution who must make the necessary reports.

Anyone participating in the making of the report is immune from any civil or criminal liability that might otherwise be incurred as a result of such actions. The physician-/patient privilege is not a ground for excluding evidence regarding a mentally retarded or developmentally disabled adult's injuries or physical neglect, or the cause thereof in any judicial proceeding resulting from the submission of a report. ORC § 5123.61 Violation of this section can result in a fine of not more than five hundred dollars ($500). ORC § 5123.99

ADULT ABUSE