LD 1621
pg. 4
Page 3 of 8 An Act To Amend the Structure of the Office of Advocacy Page 5 of 8
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LR 2135
Item 1

 
client-to-staff assault, excessive use of seclusion or mechanical
or chemical restraint, incidents stemming from questionable
psychiatric and medical practice or any other alleged abuse or
neglect, shall immediately report the details of that incident to
the Office of Advocacy and Adult Protective Services. A copy of
any incident report shall must be provided to the Office of
Advocacy and Adult Protective Services by the person making the
report.

 
4-A.__Subpoenas; obtaining criminal history record.__The
director may:

 
A.__Issue a subpoena requiring a person to disclose or
provide to the Office of Advocacy and Adult Protective
Services information or records in that person's possession
that are necessary and relevant to an investigation of a
report of suspected rights violations of a serious nature.

 
(1)__The Office of the Attorney General may apply to
the District Court to enforce a subpoena.

 
(2)__A person who complies with a subpoena is immune
from civil or criminal liability that might otherwise
result from the act of turning over or providing
information or records to the Office of Advocacy and
Adult Protective Services; and

 
B.__Obtain nonconviction data and other criminal history
record information under Title 16, chapter 3, subchapter 8
that the director determines relevant to an investigation of
a report of suspected rights violations of a serious nature.

 
The confidentiality of information or records obtained by
subpoena must be treated in accordance with this section.

 
5. Confidentiality. Requests for action shall must be
treated confidentially as follows.

 
A. Any client request for action by the office and all
written records or accounts related to the request shall
must be confidential as to the identity of the client.

 
B. The records and accounts may be released only as
provided by law.

 
6. Definition. For the purposes of this section, "client"
means a person included in the definition of client under section
1001, subsection 2, and a person seeking or requesting services
as a client.


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