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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0437.01 JJC SENATE BILL 98­024

STATE OF COLORADO

BY SENATOR Feeley

HEWI

A BILL FOR AN ACT

CONCERNING MANDATORY REPORTING OF ABUSE OF AT­RISK ADULTS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Changes the responsibility for reporting mistreatment or self­abuse of at­risk adults by health care professionals and other professionals from a permissive admonition to a mandatory requirement to report.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  26­3.1­102 (1) (a) and (1) (b), Colorado Revised Statutes, are amended to read:

26­3.1­102. Reporting requirements. (1) (a)  An immediate oral report of abuse should SHALL be made or caused to be made within twenty­four hours to the county department or during non­business hours to a local law enforcement agency responsible for investigating violations of state criminal laws protecting at­risk adults by any person specified in paragraph (b) of this subsection (1) who has observed the mistreatment or self­neglect of an at­risk adult or who has reasonable cause to believe that an at­risk adult has been mistreated or is self­neglected and is at imminent risk of mistreatment or self­neglect.

(b)  The following persons are urged to SHALL make or initiate an initial oral report within twenty­four hours followed by a written report within forty­eight hours:

(I)  Physicians, surgeons, physicians' assistants, or osteopaths, including physicians in training;

(II)  Medical examiners or coroners;

(III)  Registered nurses or licensed practical nurses;

(IV)  Hospital and nursing home personnel engaged in the admission, care, or treatment of patients;

(V)  Psychologists and other mental health professionals;

(VI)  Social work practitioners;

(VII)  Dentists;

(VIII)  Law enforcement officials and personnel;

(IX)  Court­appointed guardians and conservators;

(X)  Fire protection personnel;

(XI)  Pharmacists;

(XII)  Community centered board staff;

(XIII)  Personnel of banks, savings and loan associations, credit unions, and other lending or financial institutions;

(XIV)  State and local long­term care ombudsmen;

(XV)  Any caretaker, staff member, or employee of or volunteer or consultant for any licensed care facility, agency, home, or governing board.

SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.