Assigned to HHS                                                                                                           AS PASSED BY HOUSE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1538

 

adult protective services

Purpose

            Modifies the Adult Protective Services' (APS) process for reporting abuse, neglect and exploitation of vulnerable adults and outlines requirements for disclosure of APS information. Allows APS to establish multidisciplinary adult protection teams (MDTs). Grants certain privacy protections to APS employees.

Background

            APS is a program within the Department of Economic Security (DES) that works in partnership with law enforcement, the courts and community-based service providers to assist in facilitating services and supports that help protect vulnerable adults from abuse, neglect or exploitation, and help them live as independently as possible (DES).

            Vulnerable adult means an individual who is 18 years of age or older and who is unable to protect oneself from abuse, neglect or exploitation by others because of a physical or mental impairment (A.R.S. § 46-451). Current statue provides a list of persons required to report abuse or neglect of a vulnerable adult or exploitation of an adult's property. Reports must be made immediately in person or by telephone and followed by a written report to a peace officer or to a protective service worker, except that a guardian or conservator of a vulnerable adult must report to the county superior court and persons who have responsibility for preparing the vulnerable adult's tax records, or for any other action concerning the use or preservation of an adult’s property, may instead make a report to the public fiduciary of the county in which the vulnerable adult resides. A person who fails to make a required report is guilty of a class 1 misdemeanor (A.R.S.
§ 46-454
).

            Statute outlines eligible persons who may file an affidavit with the county superior court to request the general public be prohibited from accessing their residential address, telephone number and other information contained in records maintained by the county recorder, county assessor, county treasurer, superior court and the Arizona Department of Transportation (ADOT). If the presiding judge of the county superior court concludes the action will reduce a danger to the life or safety of the person or the person’s family, the judge shall order the redaction of that person’s information, effective for five years (A.R.S. §§ 11-483; 11-484; 16-153; and 28-454).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

Duty to Report

1.      Expands the list of individuals who are required to report abuse, neglect or exploitation of a vulnerable adult to include:

a)      physician assistants;

b)      licensed practical or registered nurses;

c)      registered nurses;

d)      certified nursing assistants;

e)      emergency medical technicians;

f)       home health providers;

g)      psychiatrists;

h)      pharmacists;

i)       speech, physical or occupational therapists;

j)       long-term care providers;

k)      medical examiners;

l)       guardians;

m)   conservators;

n)      fire protection personnel;

o)      developmental disabilities providers; and

p)      DES employees.

2.      Requires a person who is responsible for the care of a vulnerable adult to report to a peace officer or the APS Central Intake Unit, rather than a protective service worker.

3.      Stipulates that an employee or agent of a healthcare institution is deemed to have complied with prescribed reporting requirements by reporting or causing a report to be made to the healthcare institution in accordance with the healthcare institution's procedures.

4.      Requires a guardian or conservator of a vulnerable adult to report to the APS Central Intake Unit, in addition to the county superior court.

5.      Requires a person responsible for preparing the tax records of a vulnerable adult or for any other action concerning the use or preservation of a vulnerable adult's property to report to a peace officer or APS Central Intake Unit, rather than a protective service worker or public fiduciary.

6.      Allows reports to be made online.

7.      Eliminates in-person reporting and the requirement that a written report be mailed after a report is made.

8.      Prohibits retaliation against a person who reports in good faith or a vulnerable adult who is the subject of a report.

9.      Establishes a presumption of retaliation for any adverse action taken against a person who reports or is the subject of a report within 90 days after the report is filed.

Confidentiality

10.  Stipulates that all personal identifying information concerning any person in an APS program other than a perpetrator and all information gathered or created by APS is confidential.

11.  Allows DES, the Department of Law and court employees to obtain APS information in the performance of their duties.

12.  Authorizes DES employees to release confidential APS information, including the reporting source's identity to the following or under any of the following circumstances:

a)      a county superior court order;

b)      law enforcement for an investigation;

c)      agencies responsible for investigating a report;

d)      judicial or administrative proceedings; and

e)      federal government agencies for criminal prosecution.

13.  Authorizes DES employees to release confidential APS information, except the reporting source's identity, to the following or under any of the following circumstances:

a)      a client, when a written request is made and the information directly relates to the client;

b)      a person that has legal responsibility to care for, evaluate, treat or supervise a vulnerable adult;

c)      an APS worker, if a client agrees orally or in writing by signing a consent form to disclose the information or is given the opportunity to object and does not express an objection;

d)      an APS worker, if a client cannot agree or object to the disclosure of information because of the client's incapacity or emergency circumstance and the disclosure of the information is in the best interests of the client;

e)      MDTs;

f)       a person engaging in bona fide research, if no personally identifying information is made disclosed unless prior approval is given;

g)      to protect a client or others against a clear and substantial risk of imminent serious injury;

h)      to conduct an investigation of allegations of abuse, neglect or exploitation;

i)       to arrange services for a vulnerable adult;

j)       to make claims on behalf of a client for assistance or insurance;

k)      the consent of a client receiving APS;

l)       to disclose statistics or other summary information, if no personally identifiable information is disclosed; and

m)   to confirm, clarify, correct or supplement information concerning an allegation that has been made public.

14.  Stipulates that a subject's consent must be obtained by DES before a researcher contacts the subject of a record.

15.  Allows DES to adopt rules relating to the disclosure of APS information.

16.  Classifies, as a class 2 misdemeanor, a violation of confidentiality.

17.  Defines APS Central Intake Unit as a unit of specialized staff within APS that is responsible for receiving reports of alleged abuse, neglect or exploitation of vulnerable adults, or making necessary resource referrals.

MDTs

18.  Allows APS to establish an MDT consisting of:

a)      APS program employees;

b)      the county attorney or their designee; and

c)      representatives of law enforcement, behavioral health, domestic violence and sexual assault or other appropriate human service agencies.

19.  Allows representatives from local tribal governments and adult disability and advocate groups to be added to an MDT.

20.  Allows an MDT to provide public and professional education and develop resources for prevention, intervention and treatment to better enable DES to carry out its adult protection functions and meet the community's needs for APS.

21.  Allows APS to provide MDT members information or records that are necessary for the MDT members' official duties.

22.  Requires case information received by MDT members to remain confidential, unless a consent to release is given or a court order is issued.

23.  Allows MDT members to share case information with other MDT members to assist the MDT in its function.

24.  Allows case consultation to be performed by a committee that is composed of MDT members representing social services, law enforcement, the county attorney, healthcare providers and persons directly involved in an individual case.

25.  Prohibits a person from using or releasing any information outside of the proper performance of the person's official duties, unless:

a)      a consent to release is given; or

b)      a court order or grand jury subpoena is issued.

26.  Defines case consultation as a case review process that results in recommendations about services to be provided to an identified adult and family.

Public Records

27.  Expands the definition of eligible person to allow APS employees who have direct contact with families in the course of employment to request a court order to prohibit public access to their voter registration record or records maintained by the county recorder, county assessor, county treasurer and ADOT.

28.  Requires the applicable governmental entities to notify an APS employee at least six months in advance of the expiration date of the court's order for redaction of personal information.

29.  Classifies, as a class 5 felony, knowingly making available on the internet the personal information of an APS employee who has direct contact with families in the course of employment, if dissemination of the personal information poses an imminent and serious threat to the employee or the employee's immediate family.

30.  Classifies, as a class 6 felony, knowingly releasing the home address or home telephone number of an APS employee who has direct contact with families in the course of employment with intent to hinder an investigation, cause physical injury to a person or cause damage to the person's property.

Miscellaneous

31.  Modifies the definition of neglect.

32.  Makes technical and conforming changes.

33.  Becomes effective on the general effective date.

Amendments Adopted by Committee

1.      Stipulates that an employee or agent of a healthcare institution that reports in accordance with the healthcare institution's procedures is in compliance with prescribed reporting requirements.

2.      Removes the county sheriff or their designee as eligible members of MDTs and adds representatives of law enforcement.

3.      Makes technical changes.

Amendments Adopted by the House of Representatives

1.      Modifies the definition of neglect.

2.      Specifies that a report made by an employee or agent of a healthcare institution must be consistent with the healthcare institution's procedures.

Senate Action                                                          House Action

HHS                2/20/19      DPA     8-0-0                 HHS                3/29/19      DPA     8-0-0-1

3rd Read          2/28/19                    30-0-0               3rd Read          5/21/19                    60-0-0

Prepared by Senate Research

May 21, 2019

CRS/AB/kja