SENATE BILL REPORT
SB 5115
As of January 20, 2023
Title: An act relating to clarifying what constitutes mental abuse of vulnerable adults.
Brief Description: Clarifying what constitutes mental abuse of vulnerable adults.
Sponsors: Senators Hunt and Wilson, C..
Brief History:
Committee Activity: Law & Justice: 1/24/23.
Brief Summary of Bill
  • Modifies the definition of "mental abuse" to include an action by an agent under power of attorney to unreasonably confine a vulnerable adult to a care facility.
SENATE COMMITTEE ON LAW & JUSTICE
Staff: Tim Ford (786-7423)
Background:

The Department of Social and Health Services (DSHS) investigates the abandonment, abuse, financial exploitation, neglect, or self-neglect of vulnerable adults. Statutes require DSHS to maintain a vulnerable adult registry containing persons subject to substantiated findings of abandonment, abuse, exploitation, or neglect of a vulnerable adult, and prohibit the hiring of persons who appear in the registry or are subject to other similar reports.

 

A vulnerable adult includes a person:

  • 60 years of age or older and has the functional, mental, or physical inability to care for themselves;
  • subject to a guardianship or conservatorship;
  • with a developmental disability;
  • admitted to any facility;
  • receiving services from a home health, hospice, or home care agency;
  • receiving services from an individual provider; or
  • self-directing their own care and receiving services from a personal aide.

 

"Mental abuse" means an intentional, willful, or reckless verbal or nonverbal action that threatens, humiliates, harasses, coerces, intimidates, isolates, unreasonably confines, or punishes a vulnerable adult.  Mental abuse may include ridiculing, yelling, or swearing.
Summary of Bill:

The definition of "mental abuse" is modified to include an action by an agent under power of attorney to unreasonably confine a vulnerable adult to a care facility.
Appropriation: None.
Fiscal Note: Requested on January 20, 2023.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.