CHAPTER 120

FORMERLY

SENATE BILL NO. 112

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE, NEGLECT OR MISTREATMENT OF PATIENTS AND RESIDENTS OF NURSING HOMES AND SIMILAR FACILITIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

AMEND §1131(1)a of Title 16 of the Delaware Code by deleting the phrase “intentionally and” as it appears between the words “by” and “unnecessarily” in said paragraph and adding a new sentence to read as follows: “When any act constituting physical abuse has been proven, the infliction of pain shall be presumed.”

Section 2. Amend §1131(2) of Title 16 of the Delaware Code by deleting the word “intentional” therefrom.

Section 3. Amend §1131(3) of Title 16 by deleting the word “Intentional” wherever it appears therein.

Section 4. Amend §1131(3) of Title 16 of the Delaware Code by adding a new paragraph “d” to read as follows:

“d. A knowing failure to provide adequate staffing which results in a medical emergency to any patient or resident where there has been documented history of at least two (2) prior cited instances of such inadequate staffing within the past two (2) years in violation of minimum maintenance of staffing levels as required by statute or regulations promulgated by the Department, all so as to evidence a willful pattern of such neglect.”

Section 5. Amend §1136(a) of Title 16 of the Delaware Code by inserting the words “knowingly or recklessly” between the words “or” and “neglects” as they appear in said subsection.

Section 6. Amend §1136(b) of Title 16 of the Delaware Code by redesignating said subsection as §1136(c) and by adding a new §1136(b) to read as follows:

“(b) Any person who knowingly exploits a patient’s or resident’s resources shall be guilty of a Class A misdemeanor where the value of the resources is less than $1,000 and shall be guilty of a Class G felony where the value of the resources is $1,000 or more.”

Approved July 02,1999