§ 5-28-110 - Penalties for violation of 12-12-1701 et seq. - Arkansas Statutes

5-28-110. Penalties for violation of 12-12-1701 et seq.

(a) Any person or caregiver required by the Adult and Long-Term Care Facility Resident Maltreatment Act, 12-12-1701 et seq., to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is:

(1) Guilty of a Class B misdemeanor; and

(2) Civilly liable for damages proximately caused by the failure.

(b) Any person, official, or institution willfully making a false notification by the Adult and Long-Term Care Facility Resident Maltreatment Act, 12-12-1701 et seq., knowing the allegation to be false, is guilty of a:

(1) Class A misdemeanor; or

(2) Class D felony if the person, official, or institution has been previously convicted of making a false allegation.

(c) Any person who willfully permits and any other person who encourages the release of data or information contained in the adult and long-term care facility maltreatment central registry to a person to whom disclosure is not permitted under this section, 5-28-201 [repealed], or 5-28-203 -- 5-28-221 [repealed] is guilty of a Class A misdemeanor.

(d) Any person required to report a death as the result of suspected adult maltreatment or long-term care facility resident maltreatment who knowingly fails to make a report immediately to the appropriate coroner is guilty of a Class C misdemeanor.

(e) Any person required to report suspected adult maltreatment or long-term care facility resident maltreatment who knowingly fails to make a report within twenty-four (24) hours or on the next business day, whichever is earlier, is guilty of a Class C misdemeanor.