415.1034 Mandatory reporting of abuse, neglect, or exploitation of vulnerable adults; mandatory reports of death.—
(1) MANDATORY REPORTING.—
(a) Any person, including, but not limited to, any:
1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, paramedic, emergency medical technician, or hospital personnel engaged in the admission, examination, care, or treatment of vulnerable adults;
2. Health professional or mental health professional other than one listed in subparagraph 1.;
3. Practitioner who relies solely on spiritual means for healing;
4. Nursing home staff; assisted living facility staff; adult day care center staff; adult family-care home staff; social worker; or other professional adult care, residential, or institutional staff;
5. State, county, or municipal criminal justice employee or law enforcement officer;
6. Employee of the Department of Business and Professional Regulation conducting inspections of public lodging establishments under s. 509.032;
7. Florida advocacy council or Disability Rights Florida member or a representative of the State Long-Term Care Ombudsman Program;
8. Bank, savings and loan, or credit union officer, trustee, or employee; or
9. Dealer, investment adviser, or associated person under chapter 517,
who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited must immediately report such knowledge or suspicion to the central abuse hotline.
(b) To the extent possible, a report made pursuant to paragraph (a) must contain, but need not be limited to, the following information:
1. Name, age, race, sex, physical description, and location of each victim alleged to have been abused, neglected, or exploited.
2. Names, addresses, and telephone numbers of the victim’s family members.
3. Name, address, and telephone number of each alleged perpetrator.
4. Name, address, and telephone number of the caregiver of the victim, if different from the alleged perpetrator.
5. Name, address, and telephone number of the person reporting the alleged abuse, neglect, or exploitation.
6. Description of the physical or psychological injuries sustained.
7. Actions taken by the reporter, if any, such as notification of the criminal justice agency.
8. Any other information available to the reporting person which may establish the cause of abuse, neglect, or exploitation that occurred or is occurring.
(2) MANDATORY REPORTS OF DEATH.—Any person who is required to investigate reports of abuse, neglect, or exploitation and who has reasonable cause to suspect that a vulnerable adult died as a result of abuse, neglect, or exploitation shall immediately report the suspicion to the appropriate medical examiner, to the appropriate criminal justice agency, and to the department, notwithstanding the existence of a death certificate signed by a practicing physician. The medical examiner shall accept the report for investigation pursuant to s. 406.11 and shall report the findings of the investigation, in writing, to the appropriate local criminal justice agency, the appropriate state attorney, and the department. Autopsy reports maintained by the medical examiner are not subject to the confidentiality requirements provided for in s. 415.107.
Cited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 145077
..., "who knows, or has reasonable cause to suspect, that a disabled or elderly person, who has been or is being abused, neglected or exploited shall immediately report such knowledge or suspicion to the central abuse registry and tracking system....". § 415.1034, Fla....
...ot negligent. Delta also admitted several portions of the deposition in which Dr. Desai testified that he did not report any neglect of Mr. Murray and that if he had felt Mr. Murray had been neglected, he would have reported so as required of him by section 415.1034(1)(a), Florida Statutes (2002)....
...Ficarra held, in a civil case, the decision to strike testimony should be based on “the extent of the violation, its willfulness, and its degree of harm to the patient.” Id. at 314 . We agree that application of the exclusionary rule to the victim’s medical records was improper. Section 415.1034, Florida Statutes (2013), creates a duty for medical personnel to report abuse of vulnerable adults to the Department of Children and Families....
...We also reverse the suppression of the victim’s medical records. AFFIRMED IN PART and REVERSED IN PART. ORFINGER and LAMBERT, JJ., concur. . The record reflects the appointment of a new guardian prior to the filing of her motion to suppress. . Under section 415.1034, Florida Statutes (2013), the hospital had a duty to report suspected abuse of a vulnerable adult to the central abuse hotline....
...of protective services.” (Emphasis added). This is further explicated
in section 415.103(1), Florida Statutes, regarding the “Central
Abuse Hotline”: “The department shall establish and maintain a
central abuse hotline that receives all reports made pursuant to
section 415.1034 in writing or through a statewide toll-free
10
telephone number....
...-9-
(b) The petitioner requests that the following expenses be paid
notwithstanding the freezing of assets, accounts, or lines of credit from the
following institution(s):
I ACKNOWLEDGE THAT UNDER SECTION 415.1034, FLORIDA
STATUTES, ANY PERSON WHO KNOWS, OR HAS REASONABLE CAUSE TO
SUSPECT, THAT A VULNERABLE ADULT HAS BEEN OR IS BEING ABUSED,
NEGLECTED, OR EXPLOITED HAS A DUTY TO IMMEDIATELY REPORT SUCH
KNOWLEDGE OR SUSPICION TO THE CENTRAL ABUSE HOTLINE....
