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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. |
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| | | 4-A.__Subpoenas; obtaining criminal history record.__The | | director may: |
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| | | 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. |
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| | | (1)__The Office of the Attorney General may apply to | | the District Court to enforce a subpoena. |
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| | | (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 |
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| | | 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. |
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| | | The confidentiality of information or records obtained by | | subpoena must be treated in accordance with this section. |
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| | | 5. Confidentiality. Requests for action shall must be | | treated confidentially as follows. |
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| | | 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. |
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| | | B. The records and accounts may be released only as | | provided by law. |
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| | | 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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