[§346-224] Reports. [Section effective until June 30, 2009. For section effective July 1, 2009, see below.] (a) The following persons who, in the performance of their professional or official duties, know or have reason to believe that a dependent adult has been abused and is threatened with imminent abuse shall promptly report the matter orally to the department of human services:
(1) Any licensed or registered professional of the healing arts and any health-related occupation who examines, treats, or provides other professional or specialized services to dependent adults, including but not limited to, physicians, physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals;
(2) Employees or officers of any public or private agency or institution providing social, medical, hospital or mental health services, including financial assistance;
(3) Employees or officers of any law enforcement agency including, but not limited to, the courts, police departments, correctional institutions, and parole or probation offices;
(4) Employees or officers of any adult residential care home, adult day care center, or similar institution; and
(5) Medical examiners or coroners.
(b) The initial oral report required by subsection (a) shall be followed as soon as possible by a written report to the department; provided that where a police department is the initiating agency, a written report shall not be required unless the police department has declined to take further action and the department informs the police department that it intends to pursue the matter of the orally reported incident of abuse. All written reports shall contain the name and address of the dependent adult and the person who or care organization or care facility which is alleged to have committed or been responsible for the dependent adult abuse, if known; the nature and extent of the dependent adult's injury or harm; and any other information the reporter believes might be helpful in establishing the cause of the dependent adult abuse.
(c) This section shall not prohibit any of the persons enumerated in subsection (a) from reporting incidents which those persons have reason to believe involve abuse which came to their attention in any private or nonprofessional capacity.
(d) Any other person who has reason to believe that a dependent adult has been abused or is threatened with imminent abuse may report the matter orally to the department.
(e) Any person who knowingly fails to report as required by this section or who wilfully prevents another person from reporting pursuant to this section shall be guilty of a petty misdemeanor.
(f) The department shall maintain a central registry of reported cases. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §2]
§346-224 Reports. [Section effective July 1, 2009. For section effective until June 30, 2009, see above.] (a) The following persons who, in the performance of their professional or official duties, know or have reason to believe that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken shall promptly report the matter orally to the department:
(1) Any licensed or registered professional of the healing arts and any health-related occupation who examines, treats, or provides other professional or specialized services to a vulnerable adult, including physicians, physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals;
(2) Employees or officers of any public or private agency or institution providing social, medical, hospital, or mental health services, including financial assistance;
(3) Employees or officers of any law enforcement agency, including the courts, police departments, correctional institutions, and parole or probation offices;
(4) Employees or officers of any adult residential care home, adult day care center, or similar institution;
(5) Medical examiners or coroners; and
(6) Social workers licensed pursuant to chapter 467E and non-licensed persons employed in a social worker position pursuant to section 467E-6(2).
(b) The initial oral report required by subsection (a) shall be followed as soon as possible by a written report to the department; provided that if a police department is the initiating agency, a written report shall not be required unless the police department declines to take further action and the department informs the police department that the department intends to investigate the oral report of abuse. A written report shall contain:
(1) The name and address of the vulnerable adult, if known;
(2) The name and address of the party who is alleged to have committed or been responsible for the abuse, if known;
(3) The nature and extent of the vulnerable adult's injury or harm; and
(4) Any other information the reporter believes may be helpful in establishing the cause of the abuse.
(c) This section shall not prohibit any person from reporting an incident that the person has reason to believe involves abuse that came to the person's attention in a private or nonprofessional capacity.
(d) Any person not enumerated in subsection (a) who has reason to believe that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken may report the matter orally to the department.
(e) Any person who knowingly fails to report as required by this section or who wilfully prevents another person from reporting pursuant to this section shall be guilty of a petty misdemeanor.
(f) The department shall maintain a central registry of reported cases.
(g) Nothing in this section shall require a member of the clergy to report communications that are protected under rule 506 of chapter 626. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §2; am L 2008, c 154, §6]
Law Journals and Reviews
Holding Hawai‘i Nursing Facilities Accountable for the Inadequate Pain Management of Elderly Residents. 27 UH L. Rev. 233.