Mandated Reporter Training for Suspected Adult Abuse and Neglect

Unit 3

Text-Only Site

Purpose:

To explain your responsibilities as a mandated reporter under Maine's Adult Protective Services Act.

Maine law requires that if any of the following individuals suspects that an adult has been abused, neglected or exploited, and there is reasonable cause to suspect that the adult is incapacitated or dependent, then that individual shall immediately make a report to the Department.

Individuals who are mandated to report while acting in a professional capacity:

Ambulance Attendant, Animal Control Officer, Certified Nursing Assistant, Chiropractor, Clergy*, Dentist, Emergency Medical Technician, Emergency Room Personnel, Humane Agent, Registered Nurse, Licensed Practical Nurse, Medical Examiner, Medical Intern, Mental Professional Occupational Therapist, Pharmacist, Physical Therapist, Physician (M.D. and D.O.), Physician's Assistant, Podiatrist, Psychologist, Law Enforcement Official, Social Worker, Speech Therapist, Unlicensed Assistive Personnel (includes Personal Care Assistant/PCA)

*A clergy member acquiring the information as a result of clerical professional work except for information received during confidential communications.

Others who are mandated to report include:

  • Any other individual who has assumed full, intermittent or occasional responsibility for the care or custody of the adult, whether or not the person receives compensation.
  • Any person affiliated with a church or religious institution who serves in an administrative capacity or has otherwise assumed a position of trust or responsibility to the members of that church or religious institution, while acting in that capacity, regardless of whether the person receives compensation.

So, are you a Mandated Reporter?

Reading Activity - Law

Maine’s Adult Protective Services Act may be reviewed at the following link:

http://www.mainelegislature.org/legis/statutes/22/title22ch958-Asec0.html External site disclaimer

Click on the link to read through the Subchapter 1A on “Reporting Abuse,
Neglect and Exploitation” before beginning this unit:

http://www.mainelegislature.org/legis/statutes/22/title22sec3477.html External site disclaimer

Frequently Asked Questions Activity

** In the full-version, this is an activity where you type a response to the statement listed and then go to a screen where you can compare your response to other possible answers. For the purposes of providing valuable information in this text-only version, the statements and possible answers are provided below.**

Question: Where do I find the mandatory reporting law?

Possible Answers: The law relating to reporting of abuse, neglect, or exploitation of an incapacitated or dependent adult can be found in Maine's Adult Protective Services Act
22 M.R.S.A. Chapter 958-A, 3477.

Question: What is the purpose of the law?

Possible Answers: To identify those persons, who while acting in a professional capacity are responsible for making a report to Adult Protective Services when the person has reasonable cause to suspect that an incapacitated or dependent adult has been or is in danger of abuse, neglect or exploitation.

Question: Who is required to report?

Possible Answers: The law states that the following persons immediately shall report to the department when the person has reasonable cause to suspect that an incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or exploitation:

A. While acting in a professional capacity:
(1) An allopathic or osteopathic physician;
(2) A medical intern;
(3) A medical examiner;
(4) A physician's assistant;
(5) A dentist;
(6) A chiropractor;
(7) A podiatrist;
(8) A registered or licensed practical nurse;
(9) A certified nursing assistant;
(10) A social worker;
(11) A psychologist;
(12) A pharmacist;
(13) A physical therapist;
(14) A speech therapist;
(15) An occupational therapist;
(16) A mental health professional;
(17) A law enforcement official;
(18) Emergency room personnel;
(19) An ambulance attendant;
(20) An emergency medical technician;
(21) Unlicensed assistive personnel;
(22) A humane agent employed by the Department of Agriculture, Food and Rural Resources; or
(23) A clergy member acquiring the information as a result of clerical professional work except for
information received during confidential communications; [2003, c. 653, §9 (rpr).]

B. Any person who has assumed full, intermittent or occasional responsibility for the care or custody of the incapacitated or dependent adult, regardless of whether the person receives compensation; or [2003, c. 653, §9 (rpr).]

C. Any person affiliated with a church or religious institution who serves in an administrative capacity or has otherwise assumed a position of trust or responsibility to the members of that church or religious institution, while acting in that capacity, regardless of whether the person receives compensation. [2003, c. 653, §9 (rpr).]

Question: When and where do I call to report suspected abuse?

Possible Answers: A mandated reporter is required to make the report immediately or as soon as possible.

Adult Protective Intake is available to receive reports 24 hours a day. 1-800-624-8404

For persons with mental retardation, a report must be made to the regional office for Mental Retardation Services. This is a separate reporting process from Adult Protective Services.

Question: Does it count if someone else calls for me?

Possible Answers: Often an organization will have a protocol that they follow for reporting. Even within these organizations, the individual must make the report directly to the Department in order to meet the legal mandate.

A supervisor or administrator may not impede or inhibit the reporting, and a person making a report may not be subject to any sanctions for reporting.

Internal procedures to facilitate, ensure confidentiality of, and apprise supervisors and administrators of reports may be established as long as those procedures are not inconsistent with the law.

Question: What happens if I do report and it ends up not being abuse?

Possible Answers: Immunity from Liability: A person participating in good faith in reporting under this subchapter, or in a related adult protection investigation or proceeding, is immune from any civil liability that might otherwise result from these actions, including, but not limited to, any civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information.

Question: What happens if I don't report?

Possible Answers: If you knowingly fail to report a situation where you have reasonable cause to suspect adult abuse, neglect, or exploitation, you will be committing a civil violation for which you may be prosecuted and fined up to $500. You may also be reported to your licensing board for possible sanctions.

 

Unit 3 Review

** This activity in the full-version is in quiz format. In the full-version, you are provided with a statement and you choose the correct response. At the end of the activity in the full-version, you are shown how many responses were correct. This activity in the full-version is not submitted to anyone else and is just an informative practice to make the information easier to remember. For the purposes of providing valuable information in this text-only version, the statements, possible responses, and correct responses are provided below. **

Statement: Maine law states that an adult person acting in any capacity must report adult abuse or neglect.

Possible Responses: True or False
Correct Response: False. The law states when working in a professional capacity, not any capacity.

Statement: A mandated reporter is legally required to report suspected adult abuse or neglect to DHHS immediately or as soon as possible.

Possible Responses: True or False
Correct Response: True

Statement: If you knowingly fail to report a situation where you have reasonable cause to suspect adult abuse, neglect, or exploitation, you will be committing a civil violation for which you may be fined.

Possible Responses: True or False
Correct Response: True

Statement: A person participating in good faith in reporting is immune from any civil liability that might otherwise result from these actions.

Possible Responses: True or False
Correct Response: True

 

Return to Text-Only Home

Full-Version Home