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H0407........................................................by MR. SPEAKER
Requested by: Idaho Commission on Aging
VULNERABLE ADULTS - Amends and adds to existing law to provide a limited
exemption for the reporting of resident-to-resident contact arising in
public or private health facilities or state licensed or certified
facilities; and to provide agency discretion in decisions related to
interviewing vulnerable adults.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
02/11 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/17 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Gagner, Geddes, Gould, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black, Field(20), Hadley, Pischner
Floor Sponsor - Cheirrett
Title apvd - to Senate
02/18 Senate intro - 1st rdg - to Health/Wel
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 32-1-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Whitworth, Williams
NAYS--Davis
Absent and excused--Crow, McLaughlin
Floor Sponsors - King-Barrutia, Ipsen
Title apvd - to House
03/24 To enrol
03/27 Rpt enrol - Sp signed
03/28 Pres signed
03/29 To Governor
03/30 Governor signed
Session Law Chapter 104
Effective: 07/01/00
H0407|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 407 BY MR. SPEAKER Requested by: Idaho Commission on Aging 1 AN ACT 2 RELATING TO ADULT PROTECTION SERVICES; AMENDING CHAPTER 53, TITLE 39, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 39-5303A, IDAHO CODE, TO PROVIDE A 4 LIMITED EXEMPTION FOR THE REPORTING OF RESIDENT-TO-RESIDENT CONTACT ARIS- 5 ING IN PUBLIC OR PRIVATE HEALTH FACILITIES OR STATE LICENSED OR CERTIFIED 6 FACILITIES; AMENDING SECTION 39-5304, IDAHO CODE, TO PROVIDE AGENCY DIS- 7 CRETION IN DECISIONS RELATED TO INTERVIEWING VULNERABLE ADULTS; AND PRO- 8 VIDING AN EFFECTIVE DATE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 53, Title 39, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 39-5303A, Idaho Code, and to read as follows: 13 39-5303A. EXEMPTION FROM DUTY TO REPORT -- LIMITED APPLICATION OF EXEMP- 14 TION. (1) The requirements set forth in section 39-5303, Idaho Code, pertain- 15 ing to the reporting of instances of abuse, neglect or exploitation of a vul- 16 nerable adult to the commission or the department shall not apply to situa- 17 tions involving resident-to-resident contact within public or private health 18 facilities or state licensed or certified facilities which serve vulnerable 19 adults, except in those cases involving sex abuse, death or serious physical 20 injury that jeopardizes the life, health or safety of a vulnerable adult or 21 repeated resident-to-resident physical or verbal altercations, not resulting 22 in observable physical or mental injury, but constituting an ongoing pattern 23 of resident behavior that a facility's staff are unable to remedy through rea- 24 sonable efforts. 25 (2) This exemption applies only to reports involving resident-to-resident 26 abuse that are to be directed to the commission or the department pursuant to 27 section 39-5303, Idaho Code. This exemption shall not limit any other report- 28 ing obligation or requirement whether statutory or otherwise. 29 SECTION 2. That Section 39-5304, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 39-5304. REPORTING REQUIREMENTS, INVESTIGATION, EMERGENCY ACCESS. (1) 32 When a report is required pursuant to this chapter, such report shall be made 33 immediately to the commission or appropriate contractor. Provided however, 34 that skilled nursing facilities defined in section 39-1301(b), Idaho Code, and 35 employees of such facilities shall make reports required under this chapter to 36 the department. If known, the report shall contain the name and address of the 37 vulnerable adult; the caretaker; the alleged perpetrator; the nature and 38 extent of suspected abuse, neglect or exploitation; and any other information 39 that will be of assistance in the investigation. 40 (2) If the allegations in the report indicate that an emergency exists, 41 the commission or contractor must initiate an investigation immediately, and 2 1 initiate contact with the alleged vulnerable adult within twenty-four (24) 2 hours from the time the report is received. All other investigations must be 3 initiated within seventy-two (72) hours from the time the report is received. 4 (3) The investigation shall include a determination of the nature, extent 5 and cause of the abuse, neglect, or exploitation, examination of evidence and 6 consultation with persons thought to have knowledge of the circumstances and 7 identification, if possible, of the person alleged to be responsible for the 8 abuse, neglect or exploitation of the vulnerable adult. 9 (4)The investigation shall include an interview with the vulnerable10adult, if possible. The commission or contractor shall conduct the interview,11preferably,Where no emergency exists, the commission or contractor may deter- 12 mine, based on the review of the report and any initial inquiries, that an 13 interview with the vulnerable adult is not necessary to the investigation. If 14 the commission or contractor determines that an interview is necessary, the 15 preferred method of interviewing is by means of a personal visit with the vul- 16 nerable adult in the adult's dwelling.If that is not possibleAlternatively, 17 the interview may occur in the local office of the commission or contractor, 18 or by telephone conversation, or by any other means available to the commis- 19 sion or contractor. Decisions regarding the method of conducting any interview 20 will be within the discretion of the commission or contractor. 21 (5) Upon completion of an investigation, the commission or contractor 22 shall prepare a written report of the investigation. The name of the person 23 making the original report or any person mentioned in the report shall not be 24 disclosed unless those persons specifically request such disclosure or unless 25 the disclosure is made pursuant to a request to law enforcement for emergency 26 access, a court order or hearing. 27 If the abuse, neglect, or exploitation is substantiated to have occurred 28 in a state certified or licensed facility, a copy of the findings shall be 29 sent to the licensing and certification office of the department. 30 If the commission or contractor determines that a report is unsubstanti- 31 ated and that no other law has been violated, all records related to the 32 report shall be expunged no later than three (3) years following the comple- 33 tion of the investigation. 34 SECTION 3. This act shall be in full force and effect on and after July 35 1, 2000.
STATEMENT OF PURPOSE
RS09326C1
The proposed legislation amends the Adult Abuse, Neglect, and Exploitation
Act to provide a limited exemption from the reporting of resident-to-
resident altercations in public and private health care facilities and
licensed or certified facilities. The proposed amendments require the
reporting of resident-to-resident contact constituting sexual abuse, or
leading to death or serious injury jeopardizing the life, health and safety
of a vulnerable adult. However, resident-to-resident physical or verbal
altercations, not resulting in observable physical or mental injury, are
only reportable if the altercations constitute an ongoing pattern or
resident behavior which facility staff are unable to remedy through
reasonable efforts.
The proposed legislation amends the Adult Abuse, Neglect, and Exploitation
Act to allow Adult Protection services professional discretion in
determining whether an interview with a vulnerable adult, in their dwelling
or care facility, is necessary to an investigation and the most efficient
use of Adult Protection resources. Adult Protection may also choose the
method in which the vulnerable adult will be interviewed.
FISCAL IMPACT
None.
CONTACT
Name: Omar R. Valverde A., Esq.
Agency: Idaho Commission on Aging
Phone: 334-2220
Statement of Purpose/Fiscal Impact H0407