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Title XII PUBLIC HEALTH AND WELFARE

Chapter 197

previous next Effective - 28 Aug 2003bottom

  197.500.  Employee disqualification list to be maintained. — 1.  The department shall maintain an employee disqualification list and place on the employee disqualification list the names of any persons who are or who have been employed by any entity licensed pursuant to this chapter and who have been finally determined by the department pursuant to section 192.2490 to have knowingly or recklessly abused or neglected a patient.  For the purpose of this section, "abuse" and "neglect" shall have the same meanings as such terms are defined in section 198.006. For purposes of this section only, "knowingly" and "recklessly" shall have the meanings that are ascribed to them in this section.  A person acts "knowingly" with respect to the person's conduct when a reasonable person should be aware of the result caused by his or her conduct.  A person acts "recklessly" when the person consciously disregards a substantial and unjustifiable risk that the person's conduct will result in serious physical injury and such disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.  

  2.  The department shall compile and maintain an employee disqualification list in the same manner as the employee disqualification list compiled and maintained by the department pursuant to section 192.2490.  

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(L. 2003 S.B. 556 & 311)


---- end of effective   28 Aug 2003 ----

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