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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WILLIAMS, KIRKLAND, K. BOYLE, DeLUCA, CALTAGIRONE, DALEY, DONATUCCI, FABRIZIO, GEORGE, HARKINS, JOSEPHS, KAVULICH, KORTZ, KULA, MIRABITO, MOUL, MUNDY, PASHINSKI, PRESTON, STABACK, WHEATLEY AND HORNAMAN, MARCH 14, 2011 |
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| REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 14, 2011 |
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| AN ACT |
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1 | Amending the act of November 6, 1987 (P.L.381, No.79), entitled |
2 | "An act relating to the protection of the abused, neglected, |
3 | exploited or abandoned elderly; establishing a uniform |
4 | Statewide reporting and investigative system for suspected |
5 | abuse, neglect, exploitation or abandonment of the elderly; |
6 | providing protective services; providing for funding; and |
7 | making repeals," providing for reporting by hospital |
8 | personnel of suspected abuse. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 103 of the act of November 6, 1987 |
12 | (P.L.381, No.79), known as the Older Adults Protective Services |
13 | Act, is amended by adding definitions to read: |
14 | Section 103. Definitions. |
15 | The following words and phrases when used in this act shall |
16 | have the meanings given to them in this section unless the |
17 | context clearly indicates otherwise: |
18 | * * * |
19 | "Hospital." An institution licensed in this Commonwealth |
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1 | having an organized medical staff established for the purpose of |
2 | providing to inpatients, by or under the supervision of |
3 | physicians, diagnostic and therapeutic services for the care of |
4 | persons who are injured, disabled, pregnant, diseased, sick or |
5 | mentally ill or rehabilitation services for the rehabilitation |
6 | of persons who are injured, disabled, pregnant, diseased, sick |
7 | or mentally ill. The term includes facilities for the diagnosis |
8 | and treatment of disorders within the scope of specific medical |
9 | specialties. The term does not include facilities caring |
10 | exclusively for the mentally ill. |
11 | "Hospital administrator." The person responsible for the |
12 | administration of a hospital. |
13 | "Hospital personnel." Includes those persons who are engaged |
14 | in the admission, examination, care or treatment of individuals |
15 | in a hospital. |
16 | * * * |
17 | "Patient." An individual who receives care, services or |
18 | treatment in or from a hospital. |
19 | * * * |
20 | Section 2. Section 302 of the act is amended by adding a |
21 | subsection to read: |
22 | Section 302. Reporting; protection from retaliation; immunity. |
23 | * * * |
24 | (a.1) Reporting by hospital personnel.-- |
25 | (1) Hospital personnel who, in the course of their |
26 | employment, occupation or practice of their profession, come |
27 | into contact with a patient who is an older adult shall |
28 | notify the hospital administrator when they have reasonable |
29 | cause to suspect on the basis of their medical, professional |
30 | or other training and experience that an older adult coming |
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1 | before them in their professional capacity is a victim of |
2 | abuse. |
3 | (2) Upon notification, the hospital administrator shall |
4 | assume the responsibility and shall have the legal obligation |
5 | to report or cause an oral report to be made to the agency. |
6 | Within 48 hours of making the oral report, the hospital |
7 | administrator shall make a written report to the agency. |
8 | (3) A hospital administrator who has reasonable cause to |
9 | suspect that a patient is the victim of sexual abuse, serious |
10 | physical injury or serious bodily injury or that a death is |
11 | suspicious shall, in addition to contacting the agency, |
12 | immediately contact law enforcement officials to make an oral |
13 | report. Within 48 hours of making the oral report, the |
14 | hospital administrator shall make a written report to |
15 | appropriate law enforcement officials. |
16 | (4) The privileged communication between any |
17 | professional person and the patient of that person shall not |
18 | apply to situations involving older adult abuse and shall not |
19 | constitute grounds for failure to report as required by this |
20 | subsection. |
21 | * * * |
22 | Section 3. This act shall take effect in 60 days. |
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