Arkansas Law

§ 5-28-204. Report of death caused by abuse.

(a)(1) Any person or official who is required to report cases of suspected abuse of adults under the provisions of this chapter and who has reasonable cause to suspect that an adult has died as a result of abuse, sexual abuse, or negligence shall report that fact to the appropriate medical examiner or coroner.

         (2)(A) In all cases of the death of a long-term care facility resident, the long-term care facility shall immediately report the death to the appropriate coroner.

              (B) The report is required regardless of whether the facility believes the death to be from natural causes or the result of abuse, sexual abuse, negligence, or any other cause.

         (3)(A) In all cases of the death of an individual in a hospital who was a resident of a long-term care facility within five (5) days of entering the hospital, the hospital shall immediately report the death to the appropriate coroner.

              (B) The report is required regardless of whether the facility believes the death to be from natural causes or the result of abuse, sexual abuse, negligence, or any other cause.

(b)(1) The medical examiner or coroner shall accept the report for investigation and, upon finding reasonable cause to suspect that an adult has died as a result of abuse, sexual abuse, or negligence, shall report his findings to the police and the appropriate prosecuting attorney.

          (2) If the institution making the report is a hospital or nursing home, the coroner shall report his findings to the hospital or nursing home unless the findings are part of a pending or ongoing law enforcement investigation.

(c) The medical examiner, coroner, or hospital shall also report the findings to the Department of Human Services when:

          (1) Reasonable cause exists to believe the death resulted from abuse, neglect, or exploitation of an adult; or

          (2) There is a pending investigation concerning allegations of abuse or neglect occurring prior to death, upon request of the department.

History. Acts 1983, No. 452, § 6; A.S.A. 1947, § 59-1306; Acts 1995, No. 1338, § 2; 1999, No. 499, § 1; 1999, No. 753, § 3.