1998 Legislation
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HOUSE BILL NO. 721, As Amended in the Senate – Vulnerable adult, abuse, rpt, when

HOUSE BILL NO. 721, As Amended in the Senate

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Daily Data Tracking History



H0721aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
VULNERABLE ADULT - ABUSE - Amends existing law to provide for reporting
suspected abuse or sexual assault against a vulnerable adult, to require
reports to law enforcement agencies and to provide additional penalties.

02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 63-2-5
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Chase, Clark, Crane,
      Crow, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(22), Jones(20), Judd, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller, Newcomb,
      Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Schaefer,
      Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman, Trail, Watson,
      Wheeler, Wood, Zimmermann
      NAYS -- Sali, Tippets
      Absent and excused -- Campbell, Deal, Kellogg, Mortensen, Mr Speaker
    Floor Sponsor - Kjellander
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Jud
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/19    To 14th Ord
03/19    Rpt out amen - to 1st rdg as amen
03/19    1st rdg - to 2nd rdg as amen
03/19    3rd rdg as amen - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, McLaughlin, Parry, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Wheeler,
      Whitworth
      NAYS--None
      Absent and excused--Hansen, Lee, Noh, Sweeney, Thorne, Twiggs
    Floor Sponsor - Dunklin
    Title apvd - to House
03/20    House concurred in Senate amens - to engros
03/20    Rpt engros - 1st rdg - to 2nd rdg as amen
03/20    Rls susp - PASSED - 63-0-7
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(15),
      Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
      Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
      Geddes, Hadley, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22),
      Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Robison,
      Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Tilman, Trail,
      Watson, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Bivens, Gould, Hansen, Ridinger, Taylor,
      Tippets, Mr Speaker
    Floor Sponsor - Kjellander
    Title apvd - to enrol
03/20    Rpt enrol - Sp signed
03/24    Pres signed - to Governor
03/25    Governor signed
         Session Law Chapter 396
         Effective: 07/01/98

Bill Text


H0721


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                       HOUSE BILL NO. 721, As Amended in the Senate

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO ADULT PROTECTION SERVICES  IN  IDAHO;  AMENDING  SECTION  39-5303,
 3        IDAHO CODE, TO REQUIRE REPORTS OF SUSPECTED ABUSE TO LAW ENFORCEMENT AGEN-
 4        CIES AND TO PROVIDE ADDITIONAL PENALTIES.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION  1.  That  Section 39-5303, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        39-5303.  DUTY TO REPORT CASES OF ABUSE, NEGLECT OR EXPLOITATION  OF  VUL-
 9    NERABLE  ADULTS.  (1)  Any  physician,  nurse, employee of a public or private
10    health facility, or a state licensed or certified residential facility serving
11    vulnerable adults, medical  examiner,  dentist,  ombudsman  for  the  elderly,
12    osteopath,  optometrist, chiropractor, podiatrist, social worker, police offi-
13    cer, pharmacist, physical therapist, or home care worker  who  has  reasonable
14    cause  to  believe  that  a  vulnerable  adult  is  being  or has been abused,
15    neglected or exploited shall immediately report such information to  the  com-
16    mission.  Provided however, that skilled nursing facilities defined in section
17    39-1301(b), Idaho Code, and employees of such facilities  shall  make  reports
18    required  under  this  chapter  to the department of health and welfare. 
19    When there is reasonable cause to believe that abuse  or  sexual  assault  has
20    resulted  in death or serious physical injury jeopardizing the life, health or
21    safety of a vulnerable adult, any person required to report under this section
22    shall also report such information within four (4) hours  to  the  appropriate
23    law enforcement agency.
24        (2)    Failure  to report as provided under this section is a misde-
25    meanor subject to punishment as provided in section 18-113, Idaho Code.  
26    If  an employee at a state licensed or certified residential facility fails to
27    report abuse or sexual assault that has resulted in death or serious  physical
28    injury  jeopardizing  the life, health or safety of a vulnerable adult as pro-
29    vided under this section, the department shall also have the authority to:
30        (a)  Revoke the facility's license and/or contract with the state to  pro-
31        vide services;
32        (b)  Deny payment;
33        (c)  Assess  and  collect  a civil monetary penalty with interest from the
34        facility owner and/or facility administrator;
35        (d)  Appoint temporary management;
36        (e)  Close the facility and/or transfer  residents  to  another  certified
37        facility;
38        (f)  Direct a plan of correction;
39        (g)  Ban admission of persons with certain diagnoses or requiring special-
40        ized care;
41        (h)  Ban all admissions to the facility;
42        (i)  Assign monitors to the facility; or
43        (j)  Reduce the licensed bed capacity.


                                          2

 1    Any  action  taken  by  the  department  pursuant  to this subsection shall be
 2    appealable as provided in chapter 52, title 67, Idaho Code. 
 3        ( 2  3 )  Any person who makes any  report  pursuant
 4    to this chapter, or who testifies in any administrative or judicial proceeding
 5    arising  from such report, or who is authorized to provide supportive or emer-
 6    gency services pursuant to the provisions of this  chapter,  shall  be  immune
 7    from  any  civil or criminal liability on account of such report, testimony or
 8    provision of services, except that such immunity shall not extend to  perjury,
 9    reports made in bad faith or with malicious purpose nor, in the case of provi-
10    sion  of services, in the presence of gross negligence under the existing cir-
11    cumstances.

Statement of Purpose / Fiscal Impact


    





                            STATEMENT OF PURPOSE
    
                                 RS 07820Cl
    
    This legislation is to provide protection to vulnerable adults, 
    who are residents of private care facilities, against 
    unreported unlawful abuse or sexual assault. Currently, there 
    are no penalties in place for those operators who do not report 
    infractions to local law enforcement agencies; therefore, many 
    instances of personal injuries are never reported to the police 
    and by the time the Commission on Aging involves the police, 
    much of the physical evidence has been lost. This law outlines 
    a time period to report any physical injuries or sexual assault 
    and imposes penalties upon the owner of the facility for 
    failure to report within the prescribed time period.
    
    FISCAL NOTE
    
    None.
    
    Contact:Kelly Buckland, 
    208-334-3800;
    
    Rep. Paul Kjellander, 208-332-1000
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    H721