Assembly Bill No. 649–Committee on Judiciary

(On Behalf of Aging Services Division)

March 22, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Removes certain obsolete provisions concerning certain protective services for older persons. (BDR 15-734)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to older persons; removing certain obsolete provisions concerning certain protective services for older persons; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 200.5093 is hereby amended to read as follows:

1-2 200.5093 1. A person required to make a report pursuant to this

1-3 section shall make the report immediately, but in no event later than 24

1-4 hours after there is reason to believe that an older person has been abused,

1-5 neglected, exploited or isolated. The report must be made to:

1-6 (a) The local office of the [welfare or] aging services division of the

1-7 department of human resources;

1-8 (b) A police department or sheriff’s office;

1-9 (c) The county’s office for protective services, if one exists in the

1-10 county where the suspected action occurred; or

1-11 (d) A toll-free telephone service designated by the aging services

1-12 division of the department of human resources.

1-13 If the report of abuse, neglect, exploitation or isolation of an older person

1-14 involves an act or omission of the [welfare division,] aging services

1-15 division or a law enforcement agency, the report must be made to an

1-16 agency other than the one alleged to have committed the act or omission.

1-17 Each agency, after reducing the report to writing, shall forward a copy of

2-1 the report to the aging services division of the department of human

2-2 resources.

2-3 2. Reports must be made by the following persons who, in their

2-4 professional or occupational capacities, know or have reason to believe

2-5 that an older person is being or has been abused, neglected, exploited or

2-6 isolated:

2-7 (a) Every physician, dentist, dental hygienist, chiropractor, optometrist,

2-8 podiatric physician, medical examiner, resident, intern, professional or

2-9 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

2-10 and family therapist, alcohol or drug abuse counselor, driver of an

2-11 ambulance, advanced emergency medical technician or other person

2-12 providing medical services licensed or certified to practice in this state,

2-13 who examines, attends or treats an older person who appears to have been

2-14 abused, neglected, exploited or isolated.

2-15 (b) Any personnel of a hospital or similar institution engaged in the

2-16 admission, examination, care or treatment of persons or an administrator,

2-17 manager or other person in charge of a hospital or similar institution upon

2-18 notification of the suspected abuse, neglect, exploitation or isolation of an

2-19 older person by a member of the staff of the hospital.

2-20 (c) A coroner.

2-21 (d) Every clergyman, practitioner of Christian Science or religious

2-22 healer, unless he acquired the knowledge of abuse, neglect, exploitation or

2-23 isolation of the older person from the offender during a confession.

2-24 (e) Every person who maintains or is employed by an agency to provide

2-25 nursing in the home.

2-26 (f) Every attorney, unless he has acquired the knowledge of abuse,

2-27 neglect, exploitation or isolation of the older person from a client who has

2-28 been or may be accused of such abuse, neglect, exploitation or isolation.

2-29 (g) Any employee of the department of human resources.

2-30 (h) Any employee of a law enforcement agency or a county’s office for

2-31 protective services or an adult or juvenile probation officer.

2-32 (i) Any person who maintains or is employed by a facility or

2-33 establishment that provides care for older persons.

2-34 (j) Any person who maintains, is employed by or serves as a volunteer

2-35 for an agency or service which advises persons regarding the abuse,

2-36 neglect, exploitation or isolation of an older person and refers them to

2-37 persons and agencies where their requests and needs can be met.

2-38 (k) Every social worker.

2-39 (l) Any person who owns or is employed by a funeral home or

2-40 mortuary.

2-41 3. A report may be filed by any other person.

2-42 4. A person required to make a report pursuant to this section who has

2-43 reasonable cause to believe that an older person has died as a result of

3-1 abuse, neglect or isolation shall report this belief to the appropriate medical

3-2 examiner or coroner, who shall investigate the cause of death of the older

3-3 person and submit to the appropriate local law enforcement agencies, the

3-4 appropriate prosecuting attorney and the aging services division of the

3-5 department of human resources his written findings. The written findings

3-6 must include the information required pursuant to the provisions of NRS

3-7 200.5094, when possible.

3-8 5. A division, office or department which receives a report pursuant to

3-9 this section shall cause the investigation of the report to commence within

3-10 3 working days. A copy of the final report of the investigation conducted

3-11 by a division, office or department, other than the aging services division

3-12 of the department of human resources, must be forwarded to the aging

3-13 services division within 90 days after the completion of the report.

3-14 6. If the investigation of the report results in the belief that the older

3-15 person is abused, neglected, exploited or isolated, the [welfare] aging

3-16 services division of the department of human resources or the county’s

3-17 office for protective services may provide protective services to the older

3-18 person if he is able and willing to accept them.

3-19 7. A person who knowingly and willfully violates any of the

3-20 provisions of this section is guilty of a misdemeanor.

3-21 Sec. 2. NRS 200.50984 is hereby amended to read as follows:

3-22 200.50984 1. Notwithstanding any other statute to the contrary, the

3-23 local office of the [welfare] aging services division of the department of

3-24 human resources and a county’s office for protective services, if one exists

3-25 in the county where a violation is alleged to have occurred, may for the

3-26 purpose of investigating an alleged violation of NRS 200.5091 to

3-27 200.50995, inclusive, inspect all records pertaining to the older person on

3-28 whose behalf the investigation is being conducted, including, but not

3-29 limited to, that person’s medical and financial records.

3-30 2. Except as otherwise provided in this subsection, if a guardian has

3-31 not been appointed for the older person, the [welfare] aging services

3-32 division or the county’s office for protective services shall obtain the

3-33 consent of the older person before inspecting those records. If the [welfare]

3-34 aging services division or the county’s office for protective services

3-35 determines that the older person is unable to consent to the inspection, the

3-36 inspection may be conducted without his consent. Except as otherwise

3-37 provided in this subsection, if a guardian has been appointed for the older

3-38 person, the [welfare] aging services division or the county’s office for

3-39 protective services shall obtain the consent of the guardian before

3-40 inspecting those records. If the [welfare] aging services division or the

3-41 county’s office for protective services has reason to believe that the

3-42 guardian is abusing, neglecting, exploiting or isolating the older person,

3-43 the inspection may be conducted without the consent of the guardian,

4-1 except that if the records to be inspected are in the personal possession of

4-2 the guardian, the inspection must be approved by a court of competent

4-3 jurisdiction.

4-4 Sec. 3. NRS 200.50986 is hereby amended to read as follows:

4-5 200.50986 The local office of the [welfare] aging services division or

4-6 the county’s office for protective services may petition a court in

4-7 accordance with NRS 159.185 or 159.1905 for the removal of the guardian

4-8 of an older person, or the termination or modification of that guardianship,

4-9 if, based on its investigation, the [welfare] aging services division or the

4-10 county’s office of protective services has reason to believe that the

4-11 guardian is abusing, neglecting, exploiting or isolating the older person in

4-12 violation of NRS 200.5095 to 200.50995, inclusive.

4-13 Sec. 4. This act becomes effective at 12:01 a.m. on July 1, 1999.

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