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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 200.5093 is hereby amended to read as follows: 200.5093 1. A person required to make a report pursuant to this1-3
section shall make the report immediately, but in no event later than 241-4
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 the1-7
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 the1-10
county where the suspected action occurred; or1-11
(d) A toll-free telephone service designated by the aging services1-12
division of the department of human resources.1-13
If the report of abuse, neglect, exploitation or isolation of an older person1-14
involves an act or omission of the1-15
division or a law enforcement agency, the report must be made to an1-16
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 of2-1
the report to the aging services division of the department of human2-2
resources.2-3
2. Reports must be made by the following persons who, in their2-4
professional or occupational capacities, know or have reason to believe2-5
that an older person is being or has been abused, neglected, exploited or2-6
isolated:2-7
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist,2-8
podiatric physician, medical examiner, resident, intern, professional or2-9
practical nurse, physician’s assistant, psychiatrist, psychologist, marriage2-10
and family therapist, alcohol or drug abuse counselor, driver of an2-11
ambulance, advanced emergency medical technician or other person2-12
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 been2-14
abused, neglected, exploited or isolated.2-15
(b) Any personnel of a hospital or similar institution engaged in the2-16
admission, examination, care or treatment of persons or an administrator,2-17
manager or other person in charge of a hospital or similar institution upon2-18
notification of the suspected abuse, neglect, exploitation or isolation of an2-19
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 religious2-22
healer, unless he acquired the knowledge of abuse, neglect, exploitation or2-23
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 provide2-25
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 has2-28
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 for2-31
protective services or an adult or juvenile probation officer.2-32
(i) Any person who maintains or is employed by a facility or2-33
establishment that provides care for older persons.2-34
(j) Any person who maintains, is employed by or serves as a volunteer2-35
for an agency or service which advises persons regarding the abuse,2-36
neglect, exploitation or isolation of an older person and refers them to2-37
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 or2-40
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 has2-43
reasonable cause to believe that an older person has died as a result of3-1
abuse, neglect or isolation shall report this belief to the appropriate medical3-2
examiner or coroner, who shall investigate the cause of death of the older3-3
person and submit to the appropriate local law enforcement agencies, the3-4
appropriate prosecuting attorney and the aging services division of the3-5
department of human resources his written findings. The written findings3-6
must include the information required pursuant to the provisions of NRS3-7
200.5094, when possible.3-8
5. A division, office or department which receives a report pursuant to3-9
this section shall cause the investigation of the report to commence within3-10
3 working days. A copy of the final report of the investigation conducted3-11
by a division, office or department, other than the aging services division3-12
of the department of human resources, must be forwarded to the aging3-13
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 older3-15
person is abused, neglected, exploited or isolated, the3-16
services division of the department of human resources or the county’s3-17
office for protective services may provide protective services to the older3-18
person if he is able and willing to accept them.3-19
7. A person who knowingly and willfully violates any of the3-20
provisions of this section is guilty of a misdemeanor.3-21
Sec. 2. NRS 200.50984 is hereby amended to read as follows: 200.50984 1. Notwithstanding any other statute to the contrary, the3-23
local office of the3-24
human resources and a county’s office for protective services, if one exists3-25
in the county where a violation is alleged to have occurred, may for the3-26
purpose of investigating an alleged violation of NRS 200.5091 to3-27
200.50995, inclusive, inspect all records pertaining to the older person on3-28
whose behalf the investigation is being conducted, including, but not3-29
limited to, that person’s medical and financial records.3-30
2. Except as otherwise provided in this subsection, if a guardian has3-31
not been appointed for the older person, the3-32
division or the county’s office for protective services shall obtain the3-33
consent of the older person before inspecting those records. If the3-34
aging services division or the county’s office for protective services3-35
determines that the older person is unable to consent to the inspection, the3-36
inspection may be conducted without his consent. Except as otherwise3-37
provided in this subsection, if a guardian has been appointed for the older3-38
person, the3-39
protective services shall obtain the consent of the guardian before3-40
inspecting those records. If the3-41
county’s office for protective services has reason to believe that the3-42
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 of4-2
the guardian, the inspection must be approved by a court of competent4-3
jurisdiction.4-4
Sec. 3. NRS 200.50986 is hereby amended to read as follows: 200.50986 The local office of the4-6
the county’s office for protective services may petition a court in4-7
accordance with NRS 159.185 or 159.1905 for the removal of the guardian4-8
of an older person, or the termination or modification of that guardianship,4-9
if, based on its investigation, the4-10
county’s office of protective services has reason to believe that the4-11
guardian is abusing, neglecting, exploiting or isolating the older person in4-12
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.~