565.188. Report of elder abuse, penalty--false report, penalty--evidence of prior convictions.

MISSOURI STATUTES AND CODES

565.188. Report of elder abuse, penalty--false report, penalty--evidence of prior convictions.

Report of elder abuse, penalty--false report, penalty--evidence ofprior convictions.

565.188. 1. When any adult day care worker; chiropractor; ChristianScience practitioner; coroner; dentist; embalmer; employee of thedepartments of social services, mental health, or health and seniorservices; employee of a local area agency on aging or an organized areaagency on aging program; funeral director; home health agency or homehealth agency employee; hospital and clinic personnel engaged inexamination, care, or treatment of persons; in-home services owner,provider, operator, or employee; law enforcement officer; long-term carefacility administrator or employee; medical examiner; medical resident orintern; mental health professional; minister; nurse; nurse practitioner;optometrist; other health practitioner; peace officer; pharmacist; physicaltherapist; physician; physician's assistant; podiatrist; probation orparole officer; psychologist; social worker; or other person withresponsibility for the care of a person sixty years of age or older hasreasonable cause to suspect that such a person has been subjected to abuseor neglect or observes such a person being subjected to conditions orcircumstances which would reasonably result in abuse or neglect, he orshe shall immediately report or cause a report to be made to the departmentin accordance with the provisions of sections 660.250 to 660.295, RSMo.Any other person who becomes aware of circumstances which may reasonably beexpected to be the result of or result in abuse or neglect may report tothe department.

2. Any person who knowingly fails to make a report as required insubsection 1 of this section is guilty of a class A misdemeanor.

3. Any person who purposely files a false report of elder abuse orneglect is guilty of a class A misdemeanor.

4. Every person who has been previously convicted of or pled guiltyto making a false report to the department and who is subsequentlyconvicted of making a false report under subsection 3 of this section isguilty of a class D felony.

5. Evidence of prior convictions of false reporting shall be heard bythe court, out of the hearing of the jury, prior to the submission of thecase to the jury, and the court shall determine the existence of the priorconvictions.