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West Virginia Laws on Reporting Incidents of Nursing Home Abuse or Neglect
9-6-9. Mandatory reporting of incidences of abuse, neglect or emergency situation.(a) If any medical, dental or mental health professional, christian science practitioner, religious healer, social service worker, law-enforcement officer, state or regional ombudsman or any employee of any nursing home or other residential facility has reasonable cause to believe that an incapacitated adult or facility resident is or has been neglected, abused or placed in an emergency situation, or if such person observes an incapacitated adult or facility resident being subjected to conditions that are likely to result in abuse, neglect or an emergency situation, the person shall immediately report the circumstances pursuant to the provisions of section eleven [§ 9-6-11] of this article: Provided, That nothing in this article is intended to prevent individuals from reporting on their own behalf.
(b) In addition to those persons and officials specifically required to report situations involving suspected abuse or neglect of an incapacitated adult or facility resident or the existence of an emergency situation, any other person may make such a report.
(c) The secretary shall develop a form for the filing of written complaints, as
provided by section eleven [§ 9-6-11] of this article, and provide these forms to all
nursing homes or other residential facilities, hospitals, ombudsmen, and adult protective
service agencies in this state. The forms shall be designed to protect the identity of the
complainant, if desired, and to facilitate the prompt filing of complaints.
[1984, c. 93; 2000, c. 139.]
Effect of Amendment of 2000 Acts 2000, c. 139, effective June 9, 2000, added the
subsection (a) and (b) designations and added (c); rewrote (a); and inserted
"facility resident or" in (b).
(a) A report of neglect or abuse of an incapacitated adult or facility resident or of an emergency situation involving such an adult shall be made immediately by telephone to the department's local adult protective services agency and shall be followed by a written report by the complainant or the receiving agency within forty-eight hours. The department shall, upon receiving any such report, take such action as may be appropriate and shall maintain a record thereof. The department shall receive such telephonic reports on its twenty-four hour, seven-day-a-week, toll-free number established to receive calls reporting cases of suspected or known adult abuse or neglect.
(b) A copy of any report of abuse, neglect or emergency situation shall be immediately
filed with the following agencies:
(1) The department of health and human resources;
(2) The appropriate law-enforcement agency and the prosecuting attorney, if necessary; or
(3) In case of a death, to the appropriate medical examiner or coroner's office.
(c) If the person who is alleged to be abused or neglected is a resident of a nursing home
or other residential facility, a copy of the report shall also be filed with the state or
regional ombudsman and the administrator of the nursing home or facility.
(d) The department shall omit from such report in the first instance, the name of the
person making a report, when requested by such person.
(e) Reports of known or suspected institutional abuse or neglect of an incapacitated adult
or facility resident or the existence of an emergency situation in an institution, nursing
home or other residential facility shall be made, received and investigated in the same
manner as other reports provided for in this article. In the case of a report regarding an
institution, nursing home or residential facility, the department shall immediately cause
an investigation to be conducted.
(f) Upon receipt of a written complaint, the department shall coordinate an investigation
pursuant to section three [§ 9-6-3] of this article and applicable state or federal laws,
rules or regulations.
[1984, c. 93; 2000, c. 139.]
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Jack Tolliver, M.D., J.D.Arden J. Curry
Arden J. Curry, II
James M. Sturgeon, Jr.
Thomas H. Vanderford, IV
David K. Schwirian
Susan Curry Brasselle
Elizabeth Ashley Summitt
Cindy Sloan, R.N.
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