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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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