Title: Identify the legal requirement to report the abuse, neglect, or exploitation of a client.
Course: Medication Aide (14051-36) > Section: Examining Legal and Ethical Issues in Medication Management

Identification should include

- definitions of abuse, neglect,
exploitation, misappropriation, and
abandonment
- those for whom mandated reporting is Virginia law (§ 63.2-1606. Protection of aged or incapacitated adults; mandated and voluntary reporting., Code of Virginia)
  - any person licensed, certified or registered by a health regulatory board (except veterinary)
  - any guardian or conservator of an adult
  - any person employed by or contracted with a public or private agency or facility, and working with adults in an administrative, supportive or direct care capacity
  - any person providing full, intermittent or occasional care to an adult for compensation
  - any law enforcement officer
- specific facts that are mandated to report (e.g., age, identity, circumstances)
- where to make a report
  - Adult Protective Services (APS), who refers matters as necessary to the appropriate licensing, regulatory or legal authority for administrative action or criminal investigation
  - law enforcement and/or medical examiner, if appropriate
- responsibilities to report suspected abuse, neglect, sexual abuse, or other criminal activity that puts someone in danger of death or harm
- rights of the person reporting
  - immunity from civil and criminal liability unless the reporter acted in bad faith or with a malicious purpose
  - right to have identity kept confidential unless consent to reveal his/her identity is given or unless the court orders that the identity of the reporter be revealed
  - right to hear from the investigating local Department of Social Services (DSS) confirming that the report was investigated
- penalty for failure to report
  - civil monetary penalties
  - loss of registration, certification, licensure.

Process/Skill Questions:

- What measures does an MA take to protect a client from abuse, mistreatment, and neglect?
- To whom does an MA report instances of abuse, mistreatment, and neglect?
- Where and how does an MA document abuse, mistreatment, and neglect?
- What does freedom from retribution mean?
- What might be the consequences of failing to report abuse?