63.2-1606 - Protection of aged or incapacitated adults; mandated and voluntary reporting. - Virginia Statutes

§ 63.2-1606. Protection of aged or incapacitated adults; mandated andvoluntary reporting.

A. Matters giving reason to suspect the abuse, neglect or exploitation ofadults shall be reported immediately upon the reporting person'sdetermination that there is such reason to suspect. Medical facilitiesinspectors of the Department of Health are exempt from reporting suspectedabuse immediately while conducting federal inspection surveys in accordancewith § 1864 of Title XVIII and Title XIX of the Social Security Act, asamended, of certified nursing facilities as defined in § 32.1-123. Reportsshall be made to the local department or the adult protective serviceshotline in accordance with requirements of this section by the followingpersons acting in their professional capacity:

1. Any person licensed, certified, or registered by health regulatory boardslisted in § 54.1-2503, with the exception of persons licensed by the Board ofVeterinary Medicine;

2. Any mental health services provider as defined in § 54.1-2400.1;

3. Any emergency medical services personnel certified by the Board of Healthpursuant to § 32.1-111.5, unless such personnel immediately reports thesuspected abuse, neglect or exploitation directly to the attending physicianat the hospital to which the adult is transported, who shall make such reportforthwith;

4. Any guardian or conservator of an adult;

5. Any person employed by or contracted with a public or private agency orfacility and working with adults in an administrative, supportive or directcare capacity;

6. Any person providing full, intermittent or occasional care to an adult forcompensation, including but not limited to, companion, chore, homemaker, andpersonal care workers; and

7. Any law-enforcement officer.

B. The report shall be made in accordance with subsection A to the localdepartment of the county or city wherein the adult resides or wherein theadult abuse, neglect or exploitation is believed to have occurred or to theadult protective services hotline. Nothing in this section shall be construedto eliminate or supersede any other obligation to report as required by law.If a person required to report under this section receives informationregarding abuse, neglect or exploitation while providing professionalservices in a hospital, nursing facility or similar institution, then he may,in lieu of reporting, notify the person in charge of the institution or hisdesignee, who shall report such information, in accordance with theinstitution's policies and procedures for reporting such matters, immediatelyupon his determination that there is reason to suspect abuse, neglect orexploitation. Any person required to make the report or notification requiredby this subsection shall do so either orally or in writing and shall discloseall information that is the basis for the suspicion of adult abuse, neglector exploitation. Upon request, any person required to make the report shallmake available to the adult protective services worker and the localdepartment investigating the reported case of adult abuse, neglect orexploitation any information, records or reports which document the basis forthe report. All persons required to report suspected adult abuse, neglect orexploitation shall cooperate with the investigating adult protective servicesworker of a local department and shall make information, records and reportswhich are relevant to the investigation available to such worker to theextent permitted by state and federal law. Criminal investigative reportsreceived from law-enforcement agencies shall not be further disseminated bythe investigating agency nor shall they be subject to public disclosure; suchreports may, however, be disclosed to the Adult Fatality Review Team asprovided in § 32.1-283.5 and, if reviewed by the Team, shall be subject toall of the Team's confidentiality requirements.

C. Any financial institution staff who suspects that an adult has beenexploited financially may report such suspected exploitation to the localdepartment of the county or city wherein the adult resides or wherein theexploitation is believed to have occurred or to the adult protective serviceshotline. For purposes of this section, financial institution staff means anyemployee of a bank, savings institution, credit union, securities firm,accounting firm, or insurance company.

D. Any person other than those specified in subsection A who suspects that anadult is an abused, neglected or exploited adult may report the matter to thelocal department of the county or city wherein the adult resides or whereinthe abuse, neglect or exploitation is believed to have occurred or to theadult protective services hotline.

E. Any person who makes a report or provides records or information pursuantto subsection A, C or D, or who testifies in any judicial proceeding arisingfrom such report, records or information, or who takes or causes to be takenwith the adult's or the adult's legal representative's informed consentphotographs, video recordings, or appropriate medical imaging of the adultwho is subject of a report shall be immune from any civil or criminalliability on account of such report, records, information, photographs, videorecordings, appropriate medical imaging or testimony, unless such personacted in bad faith or with a malicious purpose.

F. An employer of a mandated reporter shall not prohibit a mandated reporterfrom reporting directly to the local department or to the adult protectiveservices hotline. Employers whose employees are mandated reporters shallnotify employees upon hiring of the requirement to report.

G. Any person 14 years of age or older who makes or causes to be made areport of adult abuse, neglect, or exploitation that he knows to be falseshall be guilty of a Class 4 misdemeanor. Any subsequent conviction of thisprovision shall be a Class 2 misdemeanor.

H. Any person who fails to make a required report or notification pursuant tosubsection A shall be subject to a civil penalty of not more than $500 forthe first failure and not less than $100 nor more than $1,000 for anysubsequent failures. Civil penalties under subdivision A 7 shall bedetermined by a court of competent jurisdiction, in its discretion. All othercivil penalties under this section shall be determined by the Commissioner orhis designee. The Board shall establish by regulation a process for imposingand collecting civil penalties, and a process for appeal of the imposition ofsuch penalty pursuant to § 2.2-4026 of the Administrative Process Act.

I. Any mandated reporter who has reasonable cause to suspect that an adultdied as a result of abuse or neglect shall immediately report such suspicionto the appropriate medical examiner and to the appropriate law-enforcementagency, notwithstanding the existence of a death certificate signed by alicensed physician. The medical examiner and the law-enforcement agency shallreceive the report and determine if an investigation is warranted. Themedical examiner may order an autopsy. If an autopsy is conducted, themedical examiner shall report the findings to law enforcement, asappropriate, and to the local department or to the adult protective serviceshotline.

J. No person or entity shall be obligated to report any matter if the personor entity has actual knowledge that the same matter has already been reportedto the local department or to the adult protective services hotline.

K. All law-enforcement departments and other state and local departments,agencies, authorities and institutions shall cooperate with each adultprotective services worker of a local department in the detection,investigation and prevention of adult abuse, neglect and exploitation.

(1977, c. 547, § 63.1-55.3; 1984, c. 628; 1986, cc. 448, 487; 1990, c. 308;1991, c. 33; 1994, c. 891; 1997, c. 687; 1999, c. 749; 2001, c. 191; 2002, c.747; 2004, cc. 749, 1011; 2008, c. 539; 2009, c. 538.)