History: P.A. 78-351 added Subdiv. (12) empowering director to make recommendations re applications for waivers
from requirements of article 21 of state building code; P.A. 86-285 amended Subdiv. (5) by making a technical change
and permitted the director to request and receive information on a developmentally disabled adult under certain conditions
enunciated in new Subparas. (A), (B), (C), (D), (E) and (F); P.A. 88-356 and 88-364 amended Subdiv. (12) to delete
reference to "article 21" of state building code; P.A. 94-87 changed reference from handicapped persons to persons with
disabilities; P.A. 03-88 added new Subdiv. (13) requiring director to ensure that agency operations conform with federal
requirements for program independence and authority; P.A. 04-257 made technical changes in Subdiv. (5), effective June
14, 2004; P.A. 05-288 made a technical change in Subdiv. (5)(B), effective July 13, 2005.
Sec. 46a-11b. (Formerly Sec. 19a-458a). Reports of suspected abuse or neglect
required of certain persons. Report by others. Immunity. Fine. Treatment by
Christian Science practitioner. (a) Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether
or not so licensed, any registered nurse, any person paid for caring for persons in any
facility and any licensed practical nurse, medical examiner, dental hygienist, dentist,
occupational therapist, optometrist, chiropractor, psychologist, podiatrist, social
worker, school teacher, school principal, school guidance counselor, school paraprofessional, mental health professional, physician assistant, licensed or certified substance
abuse counselor, licensed marital and family therapist, speech and language pathologist,
clergyman, police officer, pharmacist, physical therapist, licensed professional counselor or sexual assault counselor or battered women's counselor, as defined in section
52-146k, who has reasonable cause to suspect or believe that any person with mental
retardation has been abused or neglected shall, as soon as practicable but not later than
seventy-two hours after such person has reasonable cause to suspect or believe that a
person with mental retardation has been abused or neglected, report such information
or cause a report to be made in any reasonable manner to the director or persons the
director designates to receive such reports. Such initial report shall be followed up by
a written report not later than five calendar days after the initial report was made. Any
person required to report under this subsection who fails to make such report shall be
fined not more than five hundred dollars.
(b) Such report shall contain the name and address of the allegedly abused or neglected person, a statement from the person making the report indicating his belief
that such person is mentally retarded, information supporting the supposition that such
person is substantially unable to protect himself from abuse or neglect, information
regarding the nature and extent of the abuse or neglect and any other information which
the person making such report believes might be helpful in an investigation of the case
and the protection of such person with mental retardation.
(c) Each facility, as defined in section 46a-11a, shall inform residents of their rights
and the staff of their responsibility to report abuse or neglect and shall establish appropriate policies and procedures to facilitate such reporting.
(d) Any other person having reasonable cause to believe that a person with mental
retardation is being or has been abused or neglected may report such information, in
any reasonable manner, to the director or to his designee.
(e) Any person who makes any report pursuant to sections 46a-11a to 46a-11g,
inclusive, or who testifies in any administrative or judicial proceeding arising from such
report shall be immune from any civil or criminal liability on account of such report or
testimony, except for liability for perjury, unless such person acted in bad faith or with
malicious purpose. Any person who obstructs, hinders or endangers any person reporting
or investigating abuse or neglect or providing protective services or who makes a report
in bad faith or with malicious purpose and who is not subject to any other penalty shall
be fined not more than five hundred dollars. No resident or employee of a facility, as
defined in section 46a-11a, shall be subject to reprisal or discharge because of his actions
in reporting pursuant to sections 46a-11a to 46a-11g, inclusive.
(f) For purposes of said sections, the treatment of any person with mental retardation
by a Christian Science practitioner, in lieu of treatment by a licensed practitioner of the
healing arts, shall not of itself constitute grounds for the implementation of protective
(g) When the director of the Office of Protection and Advocacy for Persons with
Disabilities or persons designated by such director are required to investigate or monitor
abuse or neglect reports that are referred to the Office of Protection and Advocacy for
Persons with Disabilities from another agency, all provisions of this section shall apply
to any investigation or monitoring of such case or report.
(P.A. 84-514, S. 2, 11; P.A. 86-285, S. 3; P.A. 93-340, S. 8, 19; P.A. 95-63, S. 2; 95-289, S. 6; P.A. 96-186, S. 2; P.A.
99-102, S. 46; P.A. 04-12, S. 2; P.A. 05-272, S. 28.)
History: P.A. 84-514 effective February 1, 1985; P.A. 86-285 applied provisions to cases of suspected neglect, deleted
in Subsec. (a) the requirement that the facility serve mentally retarded persons, deleted requirement in Subsec. (d) that
report be written and added in Subsec. (e) a provision that a person may be fined for obstructing, hindering or endangering
any person reporting or investigating abuse and neglect or providing protective services; Sec. 19a-458a transferred to
Sec. 46a-11b in 1991; P.A. 93-340 amended Subsec. (a) to add school principals, school guidance counselors, school
paraprofessionals, mental health professionals, physician assistants, Connecticut certified substance abuse counselors,
Connecticut certified marital and family therapists, sexual assault counselors and battered women's counselors to list of
persons required to report suspected abuse or neglect, effective July 1, 1993; P.A. 95-63 substituted "person with mental
retardation" for "mentally retarded person"; P.A. 95-289 changed marital and family therapists from "Connecticut certified"
to "licensed"; P.A. 96-186 added Subsec. (g) concerning applicability of section to Office of Protection and Advocacy for
Persons with Disabilities; P.A. 99-102 amended Subsec. (a) by deleting "Connecticut" and adding "licensed or" before
"certified", deleting obsolete reference to osteopathy and to chapter 371 and made a technical change; P.A. 04-12 amended
Subsec. (a) by adding "licensed professional counselor" to list of persons required to report suspected abuse, changing
time frame for making initial report of suspected abuse to not later than seventy-two hours after person suspects or has
reason to believe abuse has occurred and specifying that written report is required not later than five calendar days after
initial report was made; P.A. 05-272 amended Subsec. (a) by replacing "speech pathologist" with "speech and language
pathologist" and by making technical changes.