Chapter 19C

Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:— ''Abuse'', an act or omission which results in serious physical or emotional injury to a disabled person; provided, however, that no person shall be…

Section 10. Except when prevented by the constraints of professional privilege as hereinafter provided, mandated reporters shall notify the commission orally of any reportable condition immediately upon becoming aware of such condition and shall report in writing within forty-eig…

Section 11. No person shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against or thereafter take any other retaliatory action against any employee, client or other person for filing a report with the commission or testifying in any …

Section 12. Nothing in this chapter shall be construed to be a limitation of the powers and responsibilities assigned by law to other departments or agencies, nor shall this chapter be construed to relieve any such department or agency of its obligations to investigate and respon…

Section 13. Upon the death of any disabled person whose caretaker was a state agency or an agency of any subdivision of the commonwealth or a private agency contracting with the commonwealth, said caretaker agency shall immediately orally notify the commission and local law enfor…

Section 14. (a) Any investigator designated by the commission, the general counsel, or a department within the executive office of health and human services, when acting in his or her professional capacity or within the scope of his or her employment, who has knowledge of or obse…

Section 15. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Care provider'', a caretaker who is employed by, or contracts with, the department or an employer to provide services or supports to a p…

Section 2. There is hereby established a commission for the protection of disabled persons, to be known as the disabled persons protection commission. The purpose of the commission shall be to provide for the investigation and remediation of instances of abuse of disabled persons…

Section 3. The commission shall have the following powers and duties:— (a) to employ, subject to appropriation, such staff as shall be necessary to carry out its duties pursuant to this chapter; provided, however, that the commission shall establish written standards for the posi…

Section 4. Upon receipt of a report of abuse of a disabled person, the commission shall:— (a) refer immediately any such reports which allege the occurrence of abuse that is subject to the provisions of sections fourteen to twenty-six, inclusive, of chapter nineteen A, sections s…

Section 5. Upon receipt of a report of abuse of a disabled person, an investigator designated by the commission, the general counsel, or a department within the executive office of health and human services shall:— (1) Investigate and evaluate the information reported in said rep…

Section 6. The commission, acting through state agencies within the executive office of human services designated by the commission, for the purpose of furnishing protective services, the general counsel acting through state agencies within the executive office of health and huma…

Section 7. (a) If the commission, the general counsel, the department of mental health or the department of public health, has reasonable cause after initiation of an investigation to believe that a disabled person is suffering from abuse and lacks the capacity to consent to the …

Section 8. If, upon completion of investigation of a report of abuse of a disabled person whose caretaker is a state agency there is reasonable cause to conclude that such abuse did occur, or whenever, upon its own motion, the commission determines that a formal hearing is necess…

Section 9. Upon the completion of any formal investigation, the commission shall:— (a) issue a written report and refer the same to the appropriate state agency. Such report shall contain findings of fact concerning the alleged occurrence of abuse that was the subject of the inve…