[atlas:bill]

AN ACT Relating to the protection of vulnerable adults; and amending RCW 74.34.035, 70.124.020, 70.124.030, 70.124.040, and 70.124.060.

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

Sec. 1. RCW 74.34.035 and 1999 c 176 s 5 are each amended to read as follows:

(1) When there is reasonable cause to believe that abandonment, abuse, financial exploitation, self-neglect, or neglect of a vulnerable adult has occurred, mandated reporters shall immediately report to the department. If there is reason to suspect that sexual or physical ((~~assault~~)) abuse has occurred, mandated reporters shall immediately report to the appropriate law enforcement agency and to the department. However, suspected sexual or physical abuse by an incompetent or mentally incapacitated person shall be reported to the department only. For purposes of this section, an "incompetent or mentally incapacitated person" includes but is not limited to persons with a guardian appointed under chapter 11.88 RCW or RCW 73.36.050(4), persons determined incompetent or mentally incapacitated under a valid durable power of attorney, and persons properly assessed by a qualified assessor or health care professional as incompetent or mentally incapacitated as documented in their care plan or service plan. When a mandated reporter is a state or department employee, mandated reports to the department under this chapter shall be made to the aging and adult services administration's statewide complaint hotline.

(2) Permissive reporters may report to the department or a law enforcement agency when there is reasonable cause to believe that a vulnerable adult is being or has been abandoned, abused, financially exploited, or neglected.

(3) No facility, as defined by this chapter, agency licensed or required to be licensed under chapter 70.127 RCW, or facility or agency under contract with the department to provide care for vulnerable adults may develop policies or procedures that interfere with the reporting requirements of this chapter.

(4) Each report, oral or written, must contain as much as possible of the following information:

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

(b) The name and address of the vulnerable adult and the name of the facility or agency providing care for the vulnerable adult;

(d) The nature and extent of the abandonment, abuse, financial exploitation, neglect, or self-neglect;

(e) Any history of previous abandonment, abuse, financial exploitation, neglect, or self-neglect;

(f) The identity of the alleged perpetrator, if known; and

(g) Other information that may be helpful in establishing the extent of abandonment, abuse, financial exploitation, neglect, or the cause of death of the deceased vulnerable adult.

(5) Unless there is a judicial proceeding or the person consents, the identity of the person making the report under this section is confidential.

Sec. 2. RCW 70.124.020 and 1999 c 176 s 21 are each amended to read as follows:

Unless the context requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Court" means the superior court of the state of Washington.

(2) "Law enforcement agency" means the police department, the director of public safety, or the office of the sheriff.

(3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, pharmacy, physical therapy, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery. The term "practitioner" includes a nurse's aide and a duly accredited Christian Science practitioner.

(4) "Department" means the state department of social and health services.

(5) "Social worker" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support, or education of patients, or providing social services to patients, whether in an individual capacity or as an employee or agent of any public or private organization or institution.

(6) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(7) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(8) (("Abuse or neglect" or "patient abuse or neglect" means the nonaccidental physical injury or condition, sexual abuse, or negligent treatment of a state hospital patient under circumstances which indicate that the patient's health, welfare, or safety is harmed thereby.

(9) "Negligent treatment" means an act or omission which evinces a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the patient's health, welfare, or safety.

~~(10)~~)) "Abuse" means the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a state hospital patient. In instances of abuse of a patient who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish. "Abuse" includes sexual abuse, physical abuse, and mental abuse of a patient, which have the following meanings:

(a) "Sexual abuse" means any form of nonconsensual sexual contact, including but not limited to unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually explicit photographing, and sexual harassment. "Sexual abuse" includes any consensual or nonconsensual sexual contact with a state hospital patient by a department employee, agent, or contractor.

(b) "Physical abuse" means the willful action of inflicting bodily injury or physical mistreatment. "Physical abuse" includes, but is not limited to, striking with or without an object, slapping, pinching, choking, kicking, shoving, prodding, or the use of chemical restraints or physical restraints unless the restraints are consistent with licensing or certification requirements, and includes restraints that are otherwise being used inappropriately.

(c) "Mental abuse" means any willful action or inaction of mental or verbal abuse. "Mental abuse" includes, but is not limited to, coercion, harassment, inappropriately isolating a patient from family, friends, or regular activity, and verbal abuse that includes ridiculing, intimidating, yelling, or swearing.

(9) "Neglect" means: (a) A pattern of conduct or inaction by a person or entity with a duty of care to a state hospital patient that results in the failure (i) to provide the goods and services needed to maintain the patient's physical or mental health, or (ii) to avoid or prevent physical or mental harm or pain to such patient; or (b) an act or omission that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the patient's health, welfare, or safety.

(10) "Abandonment" means action or inaction by a person or entity with a duty of care for a state hospital patient that leaves the patient without the means or ability to obtain necessary food, clothing, shelter, or health care.

(11) "Financial exploitation" means the illegal or improper use of the property, income, resources, or trust funds of a state hospital patient by any person for any person's profit or advantage.

(12) "State hospital" means any hospital operated and maintained by the state for the care of the mentally ill under chapter 72.23 RCW.

Sec. 3. RCW 70.124.030 and 1999 c 176 s 22 are each amended to read as follows:

(1) When any practitioner, social worker, psychologist, pharmacist, employee of a state hospital, or employee of the department has reasonable cause to believe that a state hospital patient has suffered abuse ((or)), neglect, financial exploitation, or abandonment, the person shall report such incident, or cause a report to be made, to either a law enforcement agency or to the department as provided in RCW 70.124.040.

(2) Any other person who has reasonable cause to believe that a state hospital patient has suffered abuse ((or)), neglect, financial exploitation, or abandonment may report such incident to either a law enforcement agency or to the department as provided in RCW 70.124.040.

(3) The department or any law enforcement agency receiving a report of an incident of abuse ((or)), neglect, financial exploitation, or abandonment involving a state hospital patient who has died or has had physical injury or injuries inflicted other than by accidental means or who has been subjected to sexual abuse shall report the incident to the proper county prosecutor for appropriate action.

Sec. 4. RCW 70.124.040 and 1999 c 176 s 23 are each amended to read as follows:

(1) Where a report is required under RCW 70.124.030, an immediate oral report must be made by telephone or otherwise to either a law enforcement agency or to the department and, upon request, must be followed by a report in writing. Mandated reports to the department under this chapter shall be made to the aging and adult services administration's statewide complaint hotline. The reports must contain the following information, if known:

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

(b) The name and address of the state hospital patient;

(d) The nature and extent of the alleged injury or injuries;

(e) The nature and extent of the alleged abuse, neglect, financial exploitation, or abandonment;

(f) The nature and extent of the alleged sexual abuse;

(g) Any evidence of previous injuries, including their nature and extent; and

(h) Any other information that may be helpful in establishing the cause of the patient's death, injury, ((or)) injuries, or loss, and the identity of the perpetrator or perpetrators.

(2) Each law enforcement agency receiving such a report shall, in addition to taking the action required by RCW 70.124.050, immediately relay the report to the department, and to other law enforcement agencies, including the medicaid fraud control unit of the office of the attorney general, as appropriate. For any report it receives, the department shall likewise take the required action and in addition relay the report to the appropriate law enforcement agency or agencies. The appropriate law enforcement agency or agencies must receive immediate notification when the department, upon receipt of such report, has reasonable cause to believe that a criminal act has been committed.

(3) No state hospital may have policies or procedures that interfere with the reporting requirements of this chapter.

Sec. 5. RCW 70.124.060 and 1999 c 176 s 24 are each amended to read as follows:

(1) A person other than a person alleged to have committed the abuse ((or)), neglect, financial exploitation, or abandonment, participating in good faith in the making of a report pursuant to this chapter, or testifying as to alleged patient abuse ((or)), neglect, financial exploitation, or abandonment in a judicial proceeding, is, in so doing, immune from any liability, civil or criminal, arising out of such reporting or testifying under any law of this state or its political subdivisions, and if such person is an employee of a state hospital it is an unfair practice under chapter 49.60 RCW for the employer to discharge, expel, or otherwise discriminate against the employee for such reporting activity.

(2) Conduct conforming with the reporting requirements of this chapter is not a violation of the confidential communication privilege of RCW 5.60.060 (3) or (4) or 18.83.110. Nothing in this chapter supersedes or abridges remedies provided in chapter 4.92 RCW.