§ 2713.  Neglect of care-dependent person.
        (a)  Offense defined.--A caretaker is guilty of neglect of a
     care-dependent person if he:
            (1)  Intentionally, knowingly or recklessly causes bodily
        injury or serious bodily injury by failing to provide
        treatment, care, goods or services necessary to preserve the
        health, safety or welfare of a care-dependent person for whom
        he is responsible to provide care.
            (2)  Intentionally or knowingly uses a physical restraint
        or chemical restraint or medication on a care-dependent
        person, or isolates a care-dependent person contrary to law
        or regulation, such that bodily injury or serious bodily
        injury results.
        (b)  Penalty.--
            (1)  A violation of subsection (a)(1) constitutes a
        misdemeanor of the first degree if the victim suffers bodily
        injury.
            (2)  A violation of subsection (a)(1) constitutes a
        felony of the first degree if the victim suffers serious
        bodily injury.
            (3)  A violation of subsection (a)(2) constitutes a
        misdemeanor of the first degree if the victim suffers bodily
        injury.
            (4)  A violation of subsection (a)(2) constitutes a
        felony of the first degree if the victim suffers serious
        bodily injury.
        (c)  Report during investigation.--When in the course of
     conducting any regulatory or investigative responsibility, the
     Department of Aging, the Department of Health or the Department
     of Public Welfare has a reasonable cause to believe that a care-
     dependent person or care-dependent persons residing in a
     facility have suffered bodily injury or been unlawfully
     restrained in violation of subsection (a)(1) or (2), a report
     shall be made immediately to the local law enforcement agency or
     to the Office of Attorney General.
        (d)  Enforcement.--
            (1)  The district attorneys of the several counties shall
        have authority to investigate and to institute criminal
        proceedings for any violations of this section.
            (2)  In addition to the authority conferred upon the
        Attorney General under the act of October 15, 1980 (P.L.950,
        No.164), known as the Commonwealth Attorneys Act, the
        Attorney General shall have the authority to investigate and
        institute criminal proceedings for any violation of this
        section. A person charged with a violation of this section by
        the Attorney General shall not have standing to challenge the
        authority of the Attorney General to investigate or prosecute
        the case, and, if any such challenge is made, the challenge
        shall be dismissed and no relief shall be available in the
        courts of this Commonwealth to the person making the
        challenge.
        (e)  Treatment in conformance with care-dependent person's
     right to accept or refuse services.--A caretaker or any other
     individual or facility may offer an affirmative defense to
     charges filed pursuant to this section if the caretaker,
     individual or facility can demonstrate through a preponderance
     of the evidence that the alleged violations result directly
     from:
            (1)  the caretaker's, individual's or facility's lawful
        compliance with a care-dependent person's living will as
        provided in 20 Pa.C.S. Ch. 54 (relating to health care);
            (2)  the caretaker's, individual's or facility's lawful
        compliance with the care-dependent person's written, signed
        and witnessed instructions, executed when the care-dependent
        person is competent as to the treatment he wishes to receive;
            (3)  the caretaker's, individual's or facility's lawful
        compliance with the direction of the care-dependent person's:
                (i)  agent acting pursuant to a lawful durable power
            of attorney under 20 Pa.C.S. Ch. 56 (relating to powers
            of attorney), within the scope of that power; or
                (ii)  health care agent acting pursuant to a health
            care power of attorney under 20 Pa.C.S. Ch. 54 Subch. C
            (relating to health care agents and representatives),
            within the scope of that power;
            (4)  the caretaker's, individual's or facility's lawful
        compliance with a "Do Not Resuscitate" order written and
        signed by the care-dependent person's attending physician; or
            (5)  the caretaker's, individual's or facility's lawful
        compliance with the direction of the care-dependent person's
        health care representative under 20 Pa.C.S. § 5461 (relating
        to decisions by health care representative), provided the
        care-dependent person has an end-stage medical condition or
        is permanently unconscious as these terms are defined in 20
        Pa.C.S. § 5422 (relating to definitions) as determined and
        documented in the person's medical record by the person's
        attending physician.
        (f)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Care-dependent person."  Any adult who, due to physical or
     cognitive disability or impairment, requires assistance to meet
     his needs for food, shelter, clothing, personal care or health
     care.
        "Caretaker."  Any person who:
            (1)  is an owner, operator, manager or employee of a
        nursing home, personal care home, domiciliary care home,
        community residential facility, intermediate care facility
        for the mentally retarded, adult daily living center, home
        health agency or home health service provider whether
        licensed or unlicensed;
            (2)  provides care to a care-dependent person in the
        setting described in paragraph (1); or
            (3)  has an obligation to care for a care-dependent
        person for monetary consideration in the settings described
        in paragraph (1) or in the care-dependent person's home.
        "Person."  A natural person, corporation, partnership,
     unincorporated association or other business entity.
     (July 6, 1995, P.L.242, No.28, eff. 60 days; June 25, 1997,
     P.L.284, No.26, eff. 60 days; June 18, 1998, P.L.503, No.70,
     eff. 60 days; Nov. 29, 2006, P.L.1484, No.169, eff. 60 days)

        2006 Amendment.  Act 169 amended subsec. (e).
        1998 Amendment.  Act 70 amended subsec. (d)(2).
        1997 Amendment.  Act 26 amended subsec. (f).
        1995 Amendment.  Act 28 added section 2713.
        Cross References.  Section 2713 is referred to in section
     4120 of this title; section 5461 of Title 20 (Decedents, Estates
     and Fiduciaries); section 5552 of Title 42 (Judiciary and
     Judicial Procedure).