Section 14.8. Investigation of abuse

The Superintendent/Director is responsible to receive and investigate reports of abuse, but may designate persons to receive and investigate the reports. When abuse is reported, the following procedures shall be followed:

(1) The Superintendent/Director or designee interviews and secures information in writing concerning the reported incident from the reporting party and the involved patient/resident where possible, and other possible witnesses. The employe involved shall be interviewed and a signed written statement about the incident secured from him. An employe may be accompanied by a representative during the interview. An employe suspected of abuse or believed to be a witness to an act of abuse who refuses to answer reasonable questions may, on that basis, be subject to disciplinary action.

(2) If the circumstances of the alleged abuse are satisfactorily explained by the employe to the facility director, the investigation is terminated. The employe’s record may not contain a record of the alleged incident or investigation.

(3) If the initial investigation produces evidence indicating that an employe committed or contributed to the alleged abuse, the investigation is continued. During the period of investigation, the employe, depending on the nature of the offense and circumstances shall be reassigned to one of the following:

(i) Permitted to remain on duty, but assigned to non-patient related duties, if available, as determined by institutional management.

(ii) Suspended pending investigation.

(4) After the investigation, the Superintendent/Director determines within a time consistent with Departmental regulations whether an incident of abuse has taken place and takes appropriate personnel action.

(5) In those institutions serving children covered by the Child Protective Services Law (11 P. S. § 2201—2224), the facility shall also comply with the Departmental reporting procedures applicable to this act.

Notation

Cross References

This section cited in 55 Pa. Code § 14.4 (relating to obligations of the Department).