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§23-17.8-4  Immunity from liability. –


Published: 2015

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TITLE 23

Health and Safety

CHAPTER 23-17.8

Abuse in Health Care Facilities

SECTION 23-17.8-4



   § 23-17.8-4  Immunity from liability.

–

(a) Any person who in good faith makes an oral or written report pursuant to

§ 23-17.8-2, excluding any perpetrator or conspirator of the patient

abuse, mistreatment, or neglect, shall have immunity from any liability, civil

or criminal, that might be incurred as a result of having made the report. No

facility shall discharge or in any manner discriminate or retaliate against any

person who in good faith makes a report, testifies, or is about to testify in

any proceeding about the abuse, mistreatment, or neglect of patients or

residents in the facilities.



   (b) No facility shall discharge, threaten, or in any manner

discriminate or retaliate against any employee regarding the employee's

compensation, terms, conditions, location, duration, or privileges of

employment because:



   (1) The employee, or a person acting on behalf of the

employee, reports or is about to report to a public body, verbally or in

writing, or who, in good faith, makes a report, testifies, or is about to

testify in any proceeding, about the abuse, mistreatment, or neglect of

patients or residents in the facility, unless the employee knows or has reason

to know that the report is false; or



   (2) An employee is requested by a public body to testify or

participate in an investigation, hearing, or inquiry held by that public body,

or a court action.



   (c) For the purposes of this section, "public body" means all

of the following:



   (1) A state officer, employee, agency, department, division,

bureau, board, commission, council, authority, or other body in the executive

branch of state government.



   (2) An agency, board, commission, council, member, or

employee of the legislative branch of state government.



   (3) A law enforcement agency or any member or employee of a

law enforcement agency.



   (4) The judiciary and any member or employee of the judiciary.



History of Section.

(P.L. 1987, ch. 409, § 1; P.L. 1991, ch. 235, § 1; P.L. 1992, ch.

423, § 1; P.L. 1993, ch. 386, § 1; P.L. 1994, ch. 317, §

5.)