H.B. 179 Enrolled

VULNERABLE ADULT ABUSE AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Patricia W. Jones

LONG TITLE
General Description:
This bill modifies the Offenses Against the Person section of the Utah Criminal Code.
Highlighted Provisions:
This bill:
. makes technical changes to provide consistency with other sections of the Utah
Code.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-111.1, as enacted by Chapter 130, Laws of Utah 1996

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-5-111.1 is amended to read:
76-5-111.1. Reporting requirements -- Investigation -- Immunity -- Violation --
Penalty -- Physician patient privilege -- Nonmedical healing.
(1) [Any] As provided in Section 62A-3-305 , any person[, including but not limited to,
a social worker, physician, psychologist, nurse, teacher, or employee of a private or public
facility serving adults,] who has reason to believe that any [disabled or elder] vulnerable adult
has been the subject of abuse, [emotional or psychological abuse,] neglect, or exploitation shall
immediately notify the nearest peace officer, law enforcement agency, or [local office of] Adult

Protective Services intake within the Department of Human Services, Division of Aging and
Adult Services.
(2) Anyone who makes that report in good faith to a law enforcement agency, the
Division of Aging and Adult Services, or Adult Protective Services of suspected abuse, neglect,
or exploitation is immune from civil and criminal liability in connection with the report or other
notification.
(3) (a) When the initial report is made to a peace officer or law enforcement agency, [and
the disabled or elder adult requires protection,] the officer or law enforcement agency shall
immediately notify [the nearest local office of] Adult Protective Services [and that office] intake.
Adult Protective Services and law enforcement shall coordinate [its investigation with law
enforcement], as appropriate, their investigations and provide protection to the [disabled or elder]
vulnerable adult as necessary.
[(b) When the initial report involves a resident of a long-term care facility, as defined in
Section 62A-3-202 , the local long-term care ombudsman within the Department of Human
Services, Division of Aging and Adult Services, shall be immediately notified. The ombudsman
and the local Adult Protective Services office shall cooperate in conducting the investigation.]
(b) Adult Protective Services will notify the Long-Term Care Ombudsman, as defined in
Section 62A-3-202 , when the initial report to Adult Protective Services involves a resident of a
long-term care facility as defined in Section 62A-3-202 . The Long-Term Care Ombudsman and
Adult Protective Services shall coordinate, as appropriate, in conducting their investigations.
(c) When the initial report or subsequent investigation by [an] Adult Protective Services
[office] indicates that a criminal [abuse, neglect, or exploitation, as defined in Section 76-5-111
has] offense may have occurred[, or that any other criminal offense against a disabled or elder
adult has occurred, the local] against a vulnerable adult, Adult Protective Services [office] shall
immediately notify the nearest local law enforcement agency. That law enforcement agency shall
initiate an investigation in cooperation with [the local] Adult Protective Services [office].
(4) A person who is required to report suspected abuse, [emotional or psychological
abuse,] neglect, or exploitation of a [disabled or elder] vulnerable adult under Subsection (1), and

- 2 -

who willfully fails to do so, is guilty of a class B misdemeanor.
(5) Under circumstances not amounting to a violation of Section 76-8-508 , a person who
threatens, intimidates, or attempts to intimidate a vulnerable adult who is the subject of a report, a
witness, the person who made the report, or any other person cooperating with an investigation
conducted pursuant to this chapter is guilty of a class B misdemeanor.
(6) The physician-patient privilege does not constitute grounds for excluding evidence
regarding a vulnerable adult's injuries, or the cause of those injuries, in any judicial or
administrative proceeding resulting from a report made in good faith pursuant to this part.
(7) An adult is not considered abused, neglected, or a vulnerable adult for the reason that
the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical
care.

- 3 -