Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
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Ohio Rev. Code Ann. § 5101.60(C), (M).
Ohio Rev. Code Ann. § 1707.49(A)(1), (B), (D), (E).
(Mandated? Permissive?)
An employee of a bank, savings bank, savings and loan association, or credit union organized under the laws of this state, another state, or the United States; investment adviser. (Mandated)
A dealer, investment adviser, sales person, or investment advisor representative licensed under Chapter 1707. of the Revised Code. (Mandated)
(Y/N)
Yes, an employee of a dealer or an investment advisor may delay. Ohio Rev. Code Ann. § 1707.49(B).
The dealer or investment adviser may place a hold on any transaction impacted by the past, current, or attempted financial exploitation for a period of time not to exceed fifteen business days. Ohio Rev. Code Ann. § 1707.49(B)(2).
A dealer or investment adviser making a report to the division and the county department of job and family services pursuant to division (C) of this section may continue the transactional hold for up to another fifteen business days at the request of an investigating federal or state agency or if the dealer or investment adviser has not heard from either the division or the county department of job and family services within the initial fifteen-day hold period. Nothing in this section shall be construed as limiting a dealer’s or investment adviser’s ability to seek injunctive relief from a court of competent jurisdiction at any time for any past, current, or attempted financial exploitation. Ohio Rev. Code Ann. § 1707.49(D).
Any individual listed [below] having reasonable cause to believe that an adult is being abused, neglected, or exploited, or is in a condition which is the result of abuse, neglect, or exploitation shall immediately report such belief to the county department of job and family services [:]
(a) An attorney admitted to the practice of law in this state;
(b) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;
(c) An individual licensed under Chapter 4734. of the Revised Code as a chiropractor;
(d) An individual licensed under Chapter 4715. of the Revised Code as a dentist;
(e) An individual licensed under Chapter 4723. of the Revised Code as a registered nurse or licensed practical nurse;
(f) An individual licensed under Chapter 4732. of the Revised Code as a psychologist;
(g) An individual licensed under Chapter 4757. of the Revised Code as a social worker, independent social worker, professional counselor, professional clinical counselor, marriage and family therapist, or independent marriage and family therapist;
(h) An individual licensed under Chapter 4729. of the Revised Code as a pharmacist;
(i) An individual holding a certificate to practice as a dialysis technician issued under Chapter 4723. of the Revised Code;
(j) An employee of a home health agency, as defined in section 3701.881 of the Revised Code;
(k) An employee of an outpatient health facility;
(l) An employee of a home health agency, as defined in section 3701.881 of the Revised Code;
(m) An employee of a hospital or public hospital, as defined in section 5122.01 of the Revised Code;
(n) An employee of a nursing home or residential care facility, as defined in section 3721.01 of the Revised Code;
(o) An employee of a residential facility licensed under section 5119.22 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated adults;
(p) An employee of a health department operated by the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code;
(q) An employee of a community mental health agency, as defined in section 5122.01 of the Revised Code;
(r) An agent of a county humane society organized under section 1717.05 of the Revised Code;
(s) An individual who is a firefighter for a lawfully constituted fire department;
(t) An individual who is an ambulance driver for an emergency medical service organization, as defined in section 4765.01 of the Revised Code;
(u) A first responder, emergency medical technician-basic, emergency medical technician-intermediate, or paramedic, as those terms are defined in section 4765.01 of the Revised Code;
(v) An official employed by a local building department to conduct inspections of houses and other residential buildings;
(w) A peace officer;
(x) A coroner;
(y) A member of the clergy;
(z) An individual who holds a certificate issued under Chapter 4701. of the Revised Code as a certified public accountant or is registered under that chapter as a public accountant;
(aa) An individual licensed under Chapter 4735. of the Revised Code as a real estate broker or real estate salesperson;
(bb) An individual appointed and commissioned under section 147.01 of the Revised Code as a notary public;
(cc) An employee of a bank, savings bank, savings and loan association, or credit union organized under the laws of this state, another state, or the United States;
(dd) A dealer, investment adviser, sales person, or investment advisor representative licensed under Chapter 1707. of the Revised Code;
(ee) A financial planner accredited by a national accreditation agency;
(ff) Any other individual who is a senior service provider, other than a representative of the office of the state long-term care ombudsman program as defined in section 173.14 of the Revised Code.
Ohio Rev. Code Ann. § 5101.63(A)(1)-(2).
If an employee of a dealer or investment adviser has reasonable cause to believe that an eligible adult who is an account holder may be subject to past, current, or attempted financial exploitation, then… [t]he employee shall follow any internal written policy, program, plan, or procedure adopted by the dealer or investment adviser for the purpose of establishing protocols for the reporting of past, current, or attempted financial exploitation. Ohio Rev. Code Ann. § 1707.49(B)(1).
Adult: Any person sixty years of age or older within this state who is handicapped by the infirmities of aging or who has a physical or mental impairment which prevents the person from providing for the person’s own care or protection, and who resides in an independent living arrangement. Ohio Rev. Code Ann. § 5101.60(C).
Independent Living Arrangement: A domicile of a person’s own choosing, including, but not limited to, a private home, apartment, trailer, or rooming house, including a residential facility licensed under section 5119.22 of the Revised Code that provides accommodations, supervision and personal care services for 3 to 16 unrelated adults, but does not include other institutions or facilities licensed by the state or facilities in which a person resides as a result of voluntary, civil, or criminal commitment. Ohio Rev. Code Ann. § 5101.60(M).
Eligible Adult: Means either of the following: (a) A person sixty years of age or older; (b) A person eligible to receive protective services pursuant to sections 5101.60 to 5101.71 of the Revised Code. Ohio Rev. Code Ann. § 1707.49(A)(1).
Yes.
Any person with reasonable cause to believe that an adult is suffering abuse, neglect, or exploitation who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from such a report, or any employee of the state or any of its subdivisions who is discharging responsibilities under section 5101.65 of the Revised Code shall be immune from civil or criminal liability on account of such investigation, report, or testimony, except liability for perjury, unless the person has acted in bad faith or with malicious purpose. Ohio Rev. Code Ann. § 5101.63(D).
Any person participating in good faith in making a report or placing a transactional hold pursuant to this section is immune from any civil or administrative liability arising from the report or hold. Ohio Rev. Code Ann. § 1707.49(E).
** See Senior Safe Act
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