View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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
H0721|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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 (23 ) 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 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