(1) Any person employed by a care facility or having a professional relationship with a care facility who receives or accepts a gift, money or thing of value in excess of Twenty-five Dollars ($25.00) from a patient or resident of the care facility shall make a written report of the acceptance or receipt of the gift, money or thing of value to the administrator, director or other named highest ranking management employee at the care facility. The report shall be delivered within twenty-four (24) hours of the receipt or acceptance and shall contain the following information:
(a) Name of the person receiving or accepting the money, gift or thing of value;
(b) Name of the patient or resident who gave the money, gift or thing of value;
(c) A detailed description of the gift or thing of value or the amount of money accepted or received; and
(d) Any other information required by the care facility.
(2) The written report shall be maintained by the care facility as part of the permanent record of the patient or resident, and a copy of the report shall be delivered by the administrator, director or other named highest ranking management employee to the patient’s or resident’s responsible party, or to the next of kin or other contact person identified in the patient’s or resident’s file if no responsible party has been designated.
(3) Any person who fails to make or deliver a report as required under subsection (1) of this section; or fails to retain a report as part of the patient’s or resident’s permanent record as required by subsection (2) of this section; or fails to deliver a copy of the report to the patient’s or resident’s responsible party or other person as required by subsection (2) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment.
(4) Nothing in this section shall preclude legal proceedings against any person who steals, embezzles or misappropriates the property of a patient or resident or who otherwise exploits such patient or resident.
(5) The care facility shall not be held civilly liable for an employee’s failure to make or deliver a report of an incident as required by this section.
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