Nationwide Reporting Chart

For Suspected Exploitation Of Seniors And/Or Vulnerable Persons

 

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Statute
R.I. Gen. Laws § 42-66-8(a), (b).
R.I. Gen. Laws § 7-11.2-3.
R.I. Gen. Laws § 42-66-4.1(8).
R.I. Gen. Laws § 7-11.2-2(5), (6).
R.I. Gen. Laws § 42-66-11.
R.I. Gen. Laws § 7-11.2-5.
R.I. Gen. Laws § 7-11.2-4(a)(1)-(2), (b)(1)-(2), (c).
Financial Services Professionals
(Mandated? Permissive?)

Any person. (Mandated)

A person associated with a broker-dealer who serves in a supervisory, compliance, or legal capacity as part of his or her job. (Mandated)

State Report & Hold
(Y/N)

Yes, a qualified individual may delay. R.I. Gen. Laws § 7-11.2-4(a)(1)-(2).

Any refusal of a disbursement as authorized by this section shall expire upon the sooner of: (1) The time when the broker-dealer or qualified individual reasonably believes that the disbursement will not result in financial exploitation of the qualified adult; or (2) Ten (10) business days after the initial refusal of disbursement by the qualified individual. (c)  A court of competent jurisdiction may enter an order extending the refusal of a disbursement or any other protective relief. R.I. Gen. Laws § 7-11.2-4(b)(1)-(2), (c).

Reporters

Any person who has reasonable cause to believe that any person sixty (60) years of age or older has been abused, neglected, or exploited, or is self-neglecting. R.I. Gen. Laws § 42-66-8(a).

Any physician, physician assistant, medical intern, registered nurse, licensed practical nurse, nurse’s aide, orderly, certified nursing assistant, medical examiner, dentist, optometrist, optician, chiropractor, podiatrist, coroner, police officer, probation officer, emergency medical technician, firefighter, speech pathologist, audiologist, social worker, pharmacist, physical or occupational therapist, or health officer, who has reasonable cause to believe that any person sixty (60) years of age or older has been abused, neglected, or exploited, or is self-neglecting. R.I. Gen. Laws § 42-66-8(b).

If a qualified individual reasonably believes that financial exploitation of a qualified adult has occurred, has been attempted, or is being attempted, the qualified individual shall notify the department of business regulation as well as the office of healthy aging and law enforcement in accordance with § 42-66-8. R.I. Gen. Laws § 7-11.2-3.

Qualified Individual: A person associated with a broker-dealer who serves in a supervisory, compliance, or legal capacity as part of his or her job. R.I. Gen. Laws § 7-11.2-2(6).

Protected Individuals

Elderly Person or Elder: Any person sixty (60) years of age or older. R.I. Gen. Laws § 42-66-4.1(8).

Qualified Adult: A person sixty (60) years of age or older; or a person who: has a mental or physical impairment that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, or disease, where the impairment is verified by medical findings; and (B) is between the ages of eighteen (18) and fifty-nine (59). R.I. Gen. Laws § 7-11.2-2(5).

Financial Institutions-Immunity (Y/N)

Yes.

Any person participating in good faith in making a report pursuant to § 42-66-8, excluding any perpetrator or conspirator of those acts, has immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. R.I. Gen. Laws § 42-66-11.

Notwithstanding any other provision of law to the contrary, a broker-dealer, agent, or qualified individual who, in good faith and exercising reasonable care, complies with the provisions of this chapter shall be immune from any civil liability under this chapter. R.I. Gen. Laws § 7-11.2-5.

** See Senior Safe Act

* Although care has been taken to ensure the accuracy and completeness of the information provided, EverSafe assumes no responsibility therefore and urges users of the information to check sources before use. Information is updated regularly and subject to change.
** On May 24, 2018, the Senior Safe Act was signed into law on a federal level as part of Economic Growth, Regulatory Relief, and Consumer Protection Act (Pub. Law No: 115-174). The Act is now codified at 12 USC § 3423. It extends immunity from liability to covered financial institutions who disclose suspected financial exploitation of adults 65 years and older to regulatory or law-enforcement agencies.
*** On February 5, 2018, FINRA Rule 2165 was adopted. Rule 2165 allows members to place temporary holds on disbursements of funds or securities from the accounts of a person 1) age 65 or older or 2) 18 years or older who the member reasonably believes has a mental or physical impairment that renders the individual unable to protect his or her own interests, if the member reasonably believes that financial exploitation of the person has occurred, is occurring, has been attempted, or will be attempted.