REPORT TITLE:
Dependent Adults


DESCRIPTION:
Requires family/household members to report to DHS or police when
adult is in need of medical treatment or care and is at risk of
death or serious bodily injury.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2689
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO DEPENDENT ADULTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 346-224, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§346-224[]]  Reports.  (a)  The following persons who,
 
 4 in the performance of their professional or official duties, know
 
 5 or have reason to believe that a dependent adult has been abused
 
 6 and is threatened with imminent abuse shall promptly report the
 
 7 matter orally to the department of human services:
 
 8      (1)  Any licensed or registered professional of the healing
 
 9           arts and any health-related occupation who examines,
 
10           treats, or provides other professional or specialized
 
11           services to dependent adults, including but not limited
 
12           to, physicians, physicians in training, psychologists,
 
13           dentists, nurses, osteopathic physicians [and
 
14           surgeons], optometrists, chiropractors, podiatrists,
 
15           pharmacists, and other health-related professionals;
 
16      (2)  Employees or officers of any public or private agency
 
17           or institution providing social, medical, hospital, or
 
18           mental health services, including financial assistance;
 
19      (3)  Employees or officers of any law enforcement agency
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           including, but not limited to, the courts, police
 
 2           departments, correctional institutions, and parole or
 
 3           probation offices;
 
 4      (4)  Employees or officers of any adult residential care
 
 5           home, adult day care center, or similar institution;
 
 6           and
 
 7      (5)  Medical examiners or coroners.
 
 8      (b)  The initial oral report required by subsection (a)
 
 9 shall be followed as soon as possible by a written report to the
 
10 department; provided that where a police department is the
 
11 initiating agency, a written report shall not be required unless
 
12 the police department has declined to take further action and the
 
13 department informs the police department that it intends to
 
14 pursue the matter of the orally reported incident of abuse.  All
 
15 written reports shall contain the name and address of the
 
16 dependent adult and the person who or care organization or care
 
17 facility which is alleged to have committed or been responsible
 
18 for the dependent adult abuse, if known; the nature and extent of
 
19 the dependent adult's injury or harm; and any other information
 
20 the reporter believes might be helpful in establishing the cause
 
21 of the dependent adult abuse.
 
22      (c)  This section shall not prohibit any of the persons
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 enumerated in subsection (a) from reporting incidents which those
 
 2 persons have reason to believe involve abuse which came to their
 
 3 attention in any private or nonprofessional capacity.
 
 4      (d)  Any family or household member who knows or has reason
 
 5 to believe that an adult, who is unable to obtain medical
 
 6 treatment or care due to mental or physical impairment, is in
 
 7 need of such treatment or care and is at imminent risk of death
 
 8 or serious bodily injury, shall promptly report the matter orally
 
 9 to the department of human services or to a county police
 
10 department.
 
11      [(d)] (e)  Any other person who has reason to believe that a
 
12 dependent adult has been abused or is threatened with imminent
 
13 abuse may report the matter orally to the department.
 
14      [(e)] (f)  Any person who knowingly fails to report as
 
15 required by this section or who wilfully prevents another person
 
16 from reporting pursuant to this section shall be guilty of a
 
17 petty misdemeanor.
 
18      [(f)] (g)  The department shall maintain a central registry
 
19 of reported cases. 
 
20      (h)  For the purposes of this section, "family or household
 
21 member" means spouses or former spouses, parents, children, and
 
22 persons jointly residing or formerly residing in the same
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 dwelling unit."
 
 2      SECTION 2.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 3.  This Act shall take effect upon its approval.
 
 5 
 
 6                              INTRODUCED BY:______________________