S-3896               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 4544

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Moore, Talmadge, Granlund, Newhouse, Wojahn, Conner and Lee)

Read first time 2/7/86.

AN ACT Relating to vulnerable adults; and amending RCW 74.34.030, 74.34.040, and 74.34.050.

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

        Sec. 1.  Section 9, chapter 97, Laws of 1984 and RCW 74.34.030 are each amended to read as follows:

          ((When a)) Any person, including but not limited to, financial institutions or attorneys, having reasonable cause to believe that a vulnerable adult has suffered abuse, exploitation, neglect, or abandonment, or is otherwise in need of protective services may report such information to the department.  Any police officer, social worker, employee of the department, a social service, welfare, mental health, or health agency, congregate long-term care facility, or health care ((practitioner)) provider licensed under Title 18 RCW, including but not limited to doctors, nurses, psychologists, and pharmacists, ((has)) having reasonable cause to believe that a vulnerable adult has suffered abuse, exploitation, neglect, or abandonment, the person shall make an immediate oral report ((the incident, or cause a report to be made,)) of such information to the department and shall report such information in writing to the department within ten calendar days of receiving the information.

        Sec. 2.  Section 10, chapter 97, Laws of 1984 and RCW 74.34.040 are each amended to read as follows:

          ((A person making a report under RCW 74.34.030 shall make an immediate oral report to the department and shall also make a written report as soon as practicable.  Unless there is a judicial proceeding or the person consents, the identity of the person making the report is confidential.))  The reports made under RCW 74.34.030 shall contain the following information if known:

          (1)  Identification of the vulnerable adult;

          (2)  The nature and extent of the suspected abuse, neglect, exploitation, or abandonment;

          (3)  Evidence of previous abuse, neglect, exploitation, or abandonment;

          (4)  The name and address of the person making the report; and

          (5)  Any other helpful information.

Unless there is a judicial proceeding or the person consents, the identity of the person making the report is confidential.

        Sec. 3.  Section 11, chapter 97, Laws of 1984 and RCW 74.34.050 are each amended to read as follows:

(1) A person participating in good faith in making a report under this chapter or testifying about the abuse, neglect, abandonment, or exploitation of a vulnerable adult in a judicial proceeding under this chapter is immune from liability resulting from the report or testimony.  The making of permissive reports as allowed in RCW 74.34.030 does not create any duty to report and no civil liability shall attach for any failure to make a permissive report under RCW 74.34.030.

(2) Conduct conforming with the reporting and testifying provisions of this chapter shall not be deemed a violation of any confidential communication privilege.  Nothing in this chapter shall be construed as superseding or abridging remedies provided in chapter 4.92 RCW.