H.B. 179

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 2, 2004 at 3:35 PM by kholt. --> 1

VULNERABLE ADULT ABUSE AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Patricia W. Jones
5
6 LONG TITLE
7 General Description:
8 This bill modifies the Offenses Against the Person section of the Utah Criminal Code.
9 Highlighted Provisions:
10 This bill:
11 . makes technical changes to provide consistency with other sections of the Utah
12 Code.
13 Monies Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 76-5-111.1, as enacted by Chapter 130, Laws of Utah 1996
20
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 76-5-111.1 is amended to read:
23 76-5-111.1. Reporting requirements -- Investigation -- Immunity -- Violation --
24 Penalty -- Physician patient privilege -- Nonmedical healing.
25 (1) H [ Any ] AS PROVIDED IN SECTION 62A-3-305, ANY h person[, including but not limited
25a to, a social worker, physician, psychologist,
26 nurse, teacher, or employee of a private or public facility serving adults,] who has reason to
27 believe that any [disabled or elder] vulnerable adult has been the subject of abuse, [emotional

28 or psychological abuse,] neglect, or exploitation shall immediately notify the nearest peace
29 officer, law enforcement agency, or [local office of] Adult Protective Services intake within the
30 Department of Human Services, Division of Aging and Adult Services.
31 (2) Anyone who makes that report in good faith H [ or otherwise notifies ] TO h a law
32 enforcement agency, the Division of Aging and Adult Services, or Adult Protective Services of
33 suspected abuse, neglect, or exploitation is immune from civil and criminal liability in
34 connection with the report or other notification.
35 (3) (a) When the initial report is made to a peace officer or law enforcement agency,
36 [and the disabled or elder adult requires protection,] the officer or law enforcement agency
37 shall immediately notify [the nearest local office of] Adult Protective Services [and that office]
38 intake. Adult Protective Services and law enforcement shall coordinate [its investigation with
39 law enforcement], as appropriate, their investigations and provide protection to the [disabled or
40 elder] vulnerable adult as necessary.
41 [(b) When the initial report involves a resident of a long-term care facility, as defined
42 in Section 62A-3-202 , the local long-term care ombudsman within the Department of Human
43 Services, Division of Aging and Adult Services, shall be immediately notified. The
44 ombudsman and the local Adult Protective Services office shall cooperate in conducting the
45 investigation.]
45a H (b) ADULT PROTECTIVE SERVICES WILL NOTIFY THE LONG-TERM CARE OMBUDSMAN,
45b AS DEFINED IN SECTION 62A-3-202, WHEN THE INITIAL REPORT TO ADULT PROTECTIVE SERVICES
45c INVOLVES A RESIDENT OF A LONG-TERM CARE FACILITY AS DEFINED IN SECTION 62A-3-202. THE
45d LONG-TERM CARE OMBUDSMAN AND ADULT PROTECTIVE SERVICES SHALL COORDINATE, AS
45e APPROPRIATE, IN CONDUCTING THEIR INVESTIGATIONS. h
46 [(c)] H [ (b) ] (c) h When the initial report or subsequent investigation by [an] Adult
46a Protective
47 Services [office] indicates that a criminal [abuse, neglect, or exploitation, as defined in Section
48 76-5-111 has] offense may have occurred[, or that any other criminal offense against a disabled
49 or elder adult has occurred, the local] against a vulnerable adult, Adult Protective Services
50 [office] shall immediately notify the nearest local law enforcement agency. That law
51 enforcement agency shall initiate an investigation in cooperation with [the local] Adult
52 Protective Services [office].
53 (4) A person who is required to report suspected abuse, [emotional or psychological
54 abuse,] neglect, or exploitation of a [disabled or elder] vulnerable adult under Subsection (1),
55 and who willfully fails to do so, is guilty of a class B misdemeanor.
56 (5) Under circumstances not amounting to a violation of Section 76-8-508 , a person
57 who threatens, intimidates, or attempts to intimidate a vulnerable adult who is the subject of a

58 report, a witness, the person who made the report, or any other person cooperating with an

59 investigation conducted pursuant to this chapter is guilty of a class B misdemeanor.
60 (6) The physician-patient privilege does not constitute grounds for excluding evidence
61 regarding a vulnerable adult's injuries, or the cause of those injuries, in any judicial or
62 administrative proceeding resulting from a report made in good faith pursuant to this part.
63 (7) An adult is not considered abused, neglected, or a vulnerable adult for the reason
64 that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of
65 medical care.




Legislative Review Note
as of 9-19-03 8:10 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel