Bill Text: VA HB1494 | 2018 | Regular Session | Introduced
Bill Title: Suspected adult abuse, neglect, or exploitation; mandated reporting, vulnerable adults.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-02-13 - Left in Health, Welfare and Institutions [HB1494 Detail]
Download: Virginia-2018-HB1494-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §63.2-1606 of the Code of Virginia is amended and reenacted as follows:
§63.2-1606. Protection of vulnerable adults; mandated and voluntary reporting.
A. As used in this section, "adult" means any person age 18 and older, regardless of capacity.
B. Matters giving reason to suspect the abuse, neglect, or exploitation of vulnerable adults shall be reported immediately upon the reporting person's determination that there is such reason to suspect. Medical facilities inspectors of the Department of Health are exempt from reporting suspected abuse immediately while conducting federal inspection surveys in accordance with §1864 of Title XVIII and Title XIX of the Social Security Act, as amended, of certified nursing facilities as defined in §32.1-123. Reports shall be made to the local department or the adult protective services hotline in accordance with requirements of this section by the following persons acting in their professional capacity:
1. Any person licensed, certified, or registered by health regulatory boards listed in §54.1-2503, with the exception of persons licensed by the Board of Veterinary Medicine;
2. Any mental health services provider as defined in § 54.1-2400.1;
3. Any emergency medical services provider certified by the Board of Health pursuant to §32.1-111.5, unless such provider immediately reports the suspected abuse, neglect, or exploitation directly to the attending physician at the hospital to which the vulnerable adult is transported, who shall make such report forthwith;
4. Any guardian or conservator of an a vulnerable
adult;
5. Any person employed by or contracted with a public or private agency or facility and working with vulnerable adults in an administrative, supportive, or direct care capacity;
6. Any person providing full, intermittent,
or occasional care to an a vulnerable
adult for compensation, including, but not limited to, companion, chore,
homemaker, and personal care workers; and
7. Any law-enforcement officer.
B. C. The
report shall be made in accordance with subsection A B
to the local department of the county or city wherein the
vulnerable adult resides or wherein the adult abuse,
neglect, or exploitation is believed
to have occurred or to the adult protective services hotline. Nothing in this
section shall be construed to eliminate or supersede any other obligation to
report as required by law. If a person required to report under this section
receives information regarding abuse, neglect,
or exploitation while providing professional services in a hospital, nursing
facility, or similar institution, then
he may, in lieu of reporting, notify the person in charge of the institution or
his designee, who shall report such information, in accordance with the
institution's policies and procedures for reporting such matters, immediately
upon his determination that there is reason to suspect abuse, neglect, or exploitation. Any person
required to make the report or notification required by this subsection shall
do so either orally or in writing and shall disclose all information that is
the basis for the suspicion of adult abuse, neglect,
or exploitation. Upon request, any person required to make the report shall
make available to the adult protective services worker and the local department
investigating the reported case of adult abuse, neglect,
or exploitation any information, records, or
reports which that
document the basis for the report. All persons required to report suspected
adult abuse, neglect, or
exploitation shall cooperate with the investigating adult protective services
worker of a local department and shall make information, records, and reports which that
are relevant to the investigation available to such worker to the extent
permitted by state and federal law. Criminal investigative reports received
from law-enforcement agencies shall not be further disseminated by the
investigating agency nor shall they be subject to public disclosure; such
reports may, however, be disclosed to the Adult Fatality Review Team as
provided in §32.1-283.5 or to a local or regional adult fatality review team
as provided in §32.1-283.6 and, if reviewed by the Team or a local or regional
adult fatality review team, shall be subject to applicable confidentiality
requirements of the Team or a local or regional adult fatality review team.
C. D. Any
financial institution staff who suspects that an a vulnerable
adult has been exploited financially may report such suspected exploitation to
the local department of the county or city wherein the
vulnerable adult resides or wherein the exploitation is
believed to have occurred or to the adult protective services hotline. For
purposes of this section, "financial institution staff" means any
employee, agent, qualified individual, or representative of a bank, trust
company, savings institution, loan association, consumer finance company,
credit union, investment company, investment advisor, securities firm,
accounting firm, or insurance company.
D. E. Any
person other than those specified in subsection A B
who suspects that an a vulnerable
adult is an abused, neglected, or
exploited adult may report the matter to the local department of the county or
city wherein the vulnerable
adult resides or wherein the abuse, neglect,
or exploitation is believed to have occurred or to the adult protective
services hotline.
E. F. Any
person who makes a report or provides records or information pursuant to
subsection A B, C, or D, or E
or who testifies in any judicial proceeding arising from such report, records, or information, or who takes
or causes to be taken with the vulnerable
adult's or the vulnerable adult's
legal representative's informed consent photographs, video recordings, or
appropriate medical imaging of the vulnerable
adult who is the
subject of a report shall be immune from any civil or criminal liability on
account of such report, records, information, photographs, video recordings,
appropriate medical imaging, or
testimony, unless such person acted in bad faith or with a malicious purpose.
F. G. An
employer of a mandated reporter shall not prohibit a mandated reporter from
reporting directly to the local department or to the adult protective services
hotline. Employers whose employees are mandated reporters shall notify
employees upon hiring of the requirement to report.
G. H. Any
person 14 years of age or older who makes or causes to be made a report of
adult abuse, neglect, or exploitation that he knows to be false shall be is
guilty of a Class 4 misdemeanor. Any subsequent conviction of this provision shall be is
a Class 2 misdemeanor.
H. I. Any person who fails to make
a required report or notification pursuant to subsection A B
shall be subject to a civil penalty of not more than $500 for the first failure
and not less than $100 nor more than $1,000 for any subsequent failures. Civil
penalties under subdivision A B 7 shall be determined by a
court of competent jurisdiction, in its discretion. All other civil penalties
under this section shall be determined by the Commissioner for Aging and
Rehabilitative Services or his designee. The Commissioner for Aging and
Rehabilitative Services shall establish by regulation a process for imposing
and collecting civil penalties,
and a process for appeal of the imposition of such penalty pursuant to §
2.2-4026 of the Administrative Process Act.
I. J. Any mandated reporter who
has reasonable cause to suspect that an a vulnerable
adult died as a result of abuse or neglect shall immediately report such
suspicion to the appropriate medical examiner and to the appropriate
law-enforcement agency, notwithstanding the existence of a death certificate
signed by a licensed physician. The medical examiner and the law-enforcement
agency shall receive the report and determine if an investigation is warranted.
The medical examiner may order an autopsy. If an autopsy is conducted, the
medical examiner shall report the findings to law enforcement, as appropriate,
and to the local department or to the adult protective services hotline.
J. K. No person or entity shall be
obligated to report any matter if the person or entity has actual knowledge
that the same matter has already been reported to the local department or to
the adult protective services hotline.
K. L. All law-enforcement
departments and other state and local departments, agencies, authorities, and institutions shall
cooperate with each adult protective services worker of a local department in
the detection, investigation,
and prevention of adult abuse, neglect,
and exploitation.
2. That the provisions of the first enactment of this act shall become effective on July 1, 2019.
3. That the Department of Social Services shall work with stakeholders to develop a definition of "vulnerable adult" for the purposes of mandated reporting of suspected abuse, neglect, or exploitation of vulnerable adults and shall report its recommendations to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Rehabilitation and Social Services by December 1, 2018. In determining such definition of "vulnerable adult," the Department of Social Services shall evaluate whether specific age criteria or other criteria should be included.
