(2) Any facility, community program or person that retaliates against any person because of a report of suspected abuse shall be liable in a private action to that person for actual damages and, in addition, a penalty up to $1,000, notwithstanding any other remedy provided by law.
(3)(a) Any adverse action is evidence of retaliation if taken within 90 days of a report.
(b) For purposes of this subsection, "adverse action" means any action taken by a facility, community program or person involved in a report against the person making the report or against the adult with respect to whom the report was made because of the report, and includes but is not limited to:
(A) Discharge or transfer from the facility, except for clinical reasons;
(B) Discharge from or termination of employment;
(C) Demotion or reduction in remuneration for services; or
(D) Restriction or prohibition of access to the facility or its residents. [1991 c.744 §8; 2003 c.443 §5]
Note: See note under 430.735.