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HOUSE BILL NO. 253

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Daily Data Tracking History

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H0253.................................................by HEALTH AND WELFARE
VULNERABLE ADULTS - Adds to existing law to provide a limited exemption
from the duty to report an instance of abuse, neglect or exploitation of a
vulnerable adult.

02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to Health/Wel

Bill Text

H0253


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 253

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT
 2    RELATING TO VULNERABLE ADULTS; AMENDING CHAPTER 53, TITLE 39, IDAHO  CODE,  BY
 3        THE  ADDITION  OF A NEW SECTION 39-5303A, IDAHO CODE, TO PROVIDE A LIMITED
 4        EXEMPTION FROM THE DUTY TO REPORT AN INSTANCE OF ABUSE, NEGLECT OR EXPLOI-
 5        TATION OF A VULNERABLE ADULT.

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

 7        SECTION 1.  That Chapter 53, Title 39, Idaho Code, be,  and  the  same  is
 8    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
 9    known and designated as Section 39-5303A, Idaho Code, and to read as follows:

10        39-5303A.  EXEMPTIONS FROM DUTY TO REPORT -- LIMITED APPLICATION OF EXEMP-
11    TION. (1) Exemption. The requirements set  forth  in  section  39-5303,  Idaho
12    Code,  pertaining to the reporting of an instance of abuse, neglect or exploi-
13    tation of a vulnerable adult to the commission shall not apply  to  situations
14    involving resident-to-resident contact within public or private health facili-
15    ties or state licensed or certified residential facilities which serve vulner-
16    able  adults, except in those cases involving death or serious physical injury
17    that jeopardizes the life, health or safety of a vulnerable adult.
18        (2)  Limited application of exemption.  This  exemption  applies  only  to
19    reports  involving  resident-to-resident  abuse that are to be directed to the
20    commission or the department. The exemption provided in this section will  not
21    limit  any  other  reporting  obligation  or requirement, whether statutory or
22    otherwise.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF Pt]RPOSE

                              RS09006


This legislation makes state laws consistent with interim guidance
policy from the Idaho Commission on Aging for situations where minor
physical contact or verbal interactions occur between residents in
health care facilities. A savings will result from adult protection
workers not being required to investigate incidents that are mere
technical violations of statutory language and not cases of actual
abuse.




                            FISCAL NOTE

Indeterminate Savings.






CONTACT:  Bill Benkula
        Phone 736-8582
        




STATEMENT OF PURPOSE/ FISCAL NOTE     Bill No.     H 253