First Regular Session
Sixty-second General Assembly
LLS NO. 99-0550.01 Jeff Conway HOUSE BILL 99-1241
STATE OF COLORADO
BY REPRESENTATIVE Fairbank
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING MANDATORY REPORTING OF ABUSE OF AT-RISK 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 self-abuse
of at-risk adults by health care professionals and other professionals from
a statement that reports "should" be made to a mandatory requirement to
report.
Creates a class 3 misdemeanor for making a false report of abuse
or neglect or failing to make a report of abuse or neglect to the county
department of social services or the local law enforcement agency.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 26-3.1-102 (1) (a) and (1) (b), Colorado Revised
3 Statutes, are amended, and the said 26-3.1-102 is further amended BY
4 THE ADDITION OF A NEW SUBSECTION, to read:
5 26-3.1-102. Reporting requirements. (1) (a) An immediate oral
6 report of abuse should SHALL be made or caused to be made within
7 twenty-four hours to the county department or during non-business hours
8 to a local law enforcement agency responsible for investigating violations
9 of state criminal laws protecting at-risk adults by any person specified in
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 paragraph (b) of this subsection (1) who has observed the mistreatment
2 or self-neglect of an at-risk adult or who has reasonable cause to believe
3 that an at-risk adult has been mistreated or is self-neglected and is at
4 imminent risk of mistreatment or self-neglect.
5 (b) The following persons are urged to SHALL make or initiate an
6 initial oral report within twenty-four hours followed by a written report
7 within forty-eight hours:
8 (I) Physicians, surgeons, physicians' assistants, or osteopaths,
9 including physicians in training;
10 (II) Medical examiners or coroners;
11 (III) Registered nurses or licensed practical nurses;
12 (IV) Hospital and nursing home personnel engaged in the
13 admission, care, or treatment of patients;
14 (V) Psychologists and other mental health professionals;
15 (VI) Social work practitioners;
16 (VII) Dentists;
17 (VIII) Law enforcement officials and personnel;
18 (IX) Court-appointed guardians and conservators;
19 (X) Fire protection personnel;
20 (XI) Pharmacists;
21 (XII) Community centered board staff;
22 (XIII) Personnel of banks, savings and loan associations, credit
23 unions, and other lending or financial institutions;
24 (XIV) State and local long-term care ombudsmen;
25 (XV) Any caretaker, staff member, or employee of or volunteer
26 or consultant for any licensed care facility, agency, home, or governing
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1 board.
2 (8) ANY PERSON WHO WILLFULLY VIOLATES THE PROVISIONS OF
3 SUBSECTION (1) OF THIS SECTION OR WHO VIOLATES THE PROVISIONS OF
4 SUBSECTION (4) OF THIS SECTION:
5 (a) COMMITS A CLASS 3 MISDEMEANOR AND SHALL BE PUNISHED
6 AS PROVIDED IN SECTION 18-1-106, C.R.S.;
7 (b) SHALL BE LIABLE FOR DAMAGES PROXIMATELY CAUSED
8 THEREBY.
9 SECTION 2. Safety clause. The general assembly hereby finds,
10 determines, and declares that this act is necessary for the immediate
11 preservation of the public peace, health, and safety.