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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