Assigned to HHS                                                                                                                     FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2535

 

mandatory reporting; vulnerable adults; penalties

Purpose

            An emergency measure that classifies, as a class 6 felony, failure by a health professional to report suspected abuse, neglect or exploitation of vulnerable adults involving sexual offenses.

Background

            According to statute, a vulnerable adult is an individual who is 18 years old or older and who is unable to protect themselves from abuse, neglect or exploitation by others because of a mental or physical impairment. Statute specifies that abuse, in reference to a vulnerable adult, includes: 1) intentional infliction of physical harm; 2) injury caused by criminally negligent acts or omissions; 3) unlawful imprisonment; and 4) sexual abuse or sexual assault (A.R.S. § 13-3623).

            Health professionals and other related specified professionals who have the responsibility to care for a vulnerable adult are required to immediately report suspected abuse, neglect or exploitation. Such reports must be made to a peace officer or Adult Protective Services and include the following information: 1) the names and addresses of the vulnerable adult and any individuals who have known custody of the adult; 2) the adult's age and the nature and extent of the adult's vulnerability; 3) the nature and extent of the abuse, neglect or exploitation; and 4) any other helpful information which may establish the cause of the abuse, neglect or exploitation. Current statute classifies violations of abuse, neglect and exploitation reporting requirements as a class 1 misdemeanor (A.R.S. § 46-454).

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

Provisions

1. Classifies failure by a health professional or other health services provider to report suspected abuse, neglect or exploitation of a vulnerable adult that involves a sexual offense as a class 6 felony.

2.   Defines health professional.

3.   Makes technical and conforming changes.

4.   Becomes effective on signature of the Governor, if the emergency clause is enacted.

House Action

HHS                2/11/21      W/D  

JUD                 2/17/21      DP     9-0-0-1

3rd Read          2/23/21                 53-0-1

Prepared by Senate Research

March 15, 2021

CRS/AP/kja