SENATE AMENDED
PRIOR PRINTER'S NOS. 298, 1296, 1438, PRINTER'S NO. 4298
4085
No. 305 Session of 1995
INTRODUCED BY VANCE, E. Z. TAYLOR, GRUPPO, ITKIN, NAILOR,
KUKOVICH, MICOZZIE, BUXTON, STURLA, D. R. WRIGHT, MARSICO,
TRELLO, HERMAN, FLICK, COLAFELLA, STISH, COY, STEELMAN,
CLARK, TRUE, RUBLEY, CIVERA, SAYLOR, D. W. SNYDER, GEIST,
MILLER, CORNELL, PLATTS, VAN HORNE, DEMPSEY, WAUGH, DeLUCA,
FAIRCHILD, OLASZ, BELARDI, MUNDY, BROWN, SHANER, BATTISTO,
CORRIGAN, YOUNGBLOOD, O'BRIEN, TIGUE, TRICH, FAJT, EGOLF,
BARD, SCHULER, BROWNE, ARMSTRONG, HALUSKA, SCRIMENTI, SATHER,
MICHLOVIC, MERRY, CAPPABIANCA, WILLIAMS, PETRARCA, BOSCOLA
AND WASHINGTON, JANUARY 25, 1995
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 25, 1996
AN ACT
1 Amending the act of November 6, 1987 (P.L.381, No.79), entitled
2 "An act relating to the protection of the abused, neglected,
3 exploited or abandoned elderly; establishing a uniform
4 Statewide reporting and investigative system for suspected
5 abuse, neglect, exploitation or abandonment of the elderly;
6 providing protective services; providing for funding; and
7 making repeals," adding definitions of "registry" and <--
8 "serious bodily injury"; further providing for reporting, for <--
9 investigations of reports of need for protective services and
10 for confidentiality of records; and providing for a registry
11 of perpetrators of abuse in institutions. FURTHER PROVIDING <--
12 FOR DEFINITIONS, FOR REPORTING AND FOR INVESTIGATIONS AND FOR <--
13 CONFIDENTIALITY OF RECORDS; PROVIDING FOR REPORTING SUSPECTED
14 ABUSE BY EMPLOYEES; AND MAKING EDITORIAL CHANGES.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 3 of the THE act of November 6, 1987 <--
18 (P.L.381, No.79), known as the Older Adults Protective Services
19 Act, is amended by adding definitions A CHAPTER HEADING to read: <--
1 CHAPTER 1 <--
2 PRELIMINARY PROVISIONS
3 SECTION 2. SECTIONS 1, 2 AND 3 OF THE ACT ARE AMENDED TO
4 READ:
5 SECTION [1] 101. SHORT TITLE.
6 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE OLDER ADULTS
7 PROTECTIVE SERVICES ACT.
8 SECTION [2] 102. LEGISLATIVE POLICY.
9 IT IS DECLARED THE POLICY OF THE COMMONWEALTH OF PENNSYLVANIA
10 THAT OLDER ADULTS WHO LACK THE CAPACITY TO PROTECT THEMSELVES
11 AND ARE AT IMMINENT RISK OF ABUSE, NEGLECT, EXPLOITATION OR
12 ABANDONMENT SHALL HAVE ACCESS TO AND BE PROVIDED WITH SERVICES
13 NECESSARY TO PROTECT THEIR HEALTH, SAFETY AND WELFARE. IT IS NOT
14 THE PURPOSE OF THIS ACT TO PLACE RESTRICTIONS UPON THE PERSONAL
15 LIBERTY OF INCAPACITATED OLDER ADULTS, BUT THIS ACT SHOULD BE
16 LIBERALLY CONSTRUED TO ASSURE THE AVAILABILITY OF PROTECTIVE
17 SERVICES TO ALL OLDER ADULTS IN NEED OF THEM. SUCH SERVICES
18 SHALL SAFEGUARD THE RIGHTS OF INCAPACITATED OLDER ADULTS WHILE
19 PROTECTING THEM FROM ABUSE, NEGLECT, EXPLOITATION AND
20 ABANDONMENT. IT IS THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE
21 FOR THE DETECTION AND REDUCTION, CORRECTION OR ELIMINATION OF
22 ABUSE, NEGLECT, EXPLOITATION AND ABANDONMENT, AND TO ESTABLISH A
23 PROGRAM OF PROTECTIVE SERVICES FOR OLDER ADULTS IN NEED OF THEM.
24 Section [3] 103. Definitions. <--
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 * * * <--
29 "ABANDONMENT." THE DESERTION OF AN OLDER ADULT BY A <--
30 CARETAKER.
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1 "ABUSE." THE OCCURRENCE OF ONE OR MORE OF THE FOLLOWING
2 ACTS:
3 (1) THE INFLICTION OF INJURY, UNREASONABLE CONFINEMENT,
4 INTIMIDATION OR PUNISHMENT WITH RESULTING PHYSICAL HARM, PAIN
5 OR MENTAL ANGUISH.
6 (2) THE WILLFUL DEPRIVATION BY A CARETAKER OF GOODS OR
7 SERVICES WHICH ARE NECESSARY TO MAINTAIN PHYSICAL OR MENTAL
8 HEALTH.
9 (3) SEXUAL HARASSMENT, RAPE OR ABUSE, AS DEFINED IN THE
10 ACT OF OCTOBER 7, 1976 (P.L.1090, NO.218), KNOWN AS THE
11 PROTECTION FROM ABUSE ACT.
12 NO OLDER ADULT SHALL BE FOUND TO BE ABUSED SOLELY ON THE GROUNDS
13 OF ENVIRONMENTAL FACTORS WHICH ARE BEYOND THE CONTROL OF THE
14 OLDER ADULT OR THE CARETAKER, SUCH AS INADEQUATE HOUSING,
15 FURNISHINGS, INCOME, CLOTHING OR MEDICAL CARE.
16 "ADMINISTRATOR." THE PERSON RESPONSIBLE FOR THE
17 ADMINISTRATION OF A FACILITY. THE TERM INCLUDES A PERSON
18 RESPONSIBLE FOR EMPLOYMENT DECISIONS OR AN INDEPENDENT
19 CONTRACTOR.
20 "AGENCY." THE LOCAL PROVIDER OF PROTECTIVE SERVICES, WHICH
21 IS THE AREA AGENCY ON AGING OR THE AGENCY DESIGNATED BY THE AREA
22 AGENCY ON AGING TO PROVIDE PROTECTIVE SERVICES IN THE AREA
23 AGENCY'S PLANNING AND SERVICE AREA.
24 "CARE." SERVICES PROVIDED TO MEET A PERSON'S NEED FOR
25 PERSONAL CARE OR HEALTH CARE. SERVICES MAY INCLUDE HOMEMAKER
26 SERVICES, ASSISTANCE WITH ACTIVITIES OF DAILY LIVING, PHYSICAL
27 THERAPY, OCCUPATIONAL THERAPY, SPEECH THERAPY, MEDICAL SOCIAL
28 SERVICES, HOME CARE AIDE SERVICES, COMPANION CARE SERVICES,
29 PRIVATE DUTY NURSING SERVICES, RESPIRATORY THERAPY, INTRAVENOUS
30 THERAPY, IN-HOME DIALYSIS AND DURABLE MEDICAL EQUIPMENT
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1 SERVICES, WHICH ARE ROUTINELY PROVIDED UNSUPERVISED AND WHICH
2 REQUIRE INTERACTION WITH THE CARE-DEPENDENT PERSON. THE TERM
3 DOES NOT INCLUDE DURABLE MEDICAL EQUIPMENT DELIVERY.
4 "CARE-DEPENDENT INDIVIDUAL." AN ADULT WHO, DUE TO PHYSICAL
5 OR COGNITIVE DISABILITY OR IMPAIRMENT, REQUIRES ASSISTANCE TO
6 MEET NEEDS FOR FOOD, SHELTER, CLOTHING, PERSONAL CARE OR HEALTH
7 CARE.
8 "CARETAKER." AN INDIVIDUAL OR INSTITUTION THAT HAS ASSUMED
9 THE RESPONSIBILITY FOR THE PROVISION OF CARE NEEDED TO MAINTAIN
10 THE PHYSICAL OR MENTAL HEALTH OF AN OLDER ADULT. THIS
11 RESPONSIBILITY MAY ARISE VOLUNTARILY, BY CONTRACT, BY RECEIPT OF
12 PAYMENT FOR CARE, AS A RESULT OF FAMILY RELATIONSHIP, OR BY
13 ORDER OF A COURT OF COMPETENT JURISDICTION. IT IS NOT THE INTENT
14 OF THIS ACT TO IMPOSE RESPONSIBILITY ON ANY INDIVIDUAL IF SUCH
15 RESPONSIBILITY WOULD NOT OTHERWISE EXIST IN LAW.
16 "CLIENT ASSESSMENT." SOCIAL, PHYSICAL AND PSYCHOLOGICAL
17 FINDINGS ALONG WITH A DESCRIPTION OF THE PERSON'S CURRENT
18 RESOURCES AND NEEDS.
19 "COURT." A COURT OF COMMON PLEAS OR A DISTRICT MAGISTRATE
20 COURT, WHERE APPLICABLE.
21 "DEPARTMENT." THE DEPARTMENT OF AGING OF THE COMMONWEALTH.
22 "EMPLOYEE." AN INDIVIDUAL WHO IS EMPLOYED BY A FACILITY. THE
23 TERM INCLUDES CONTRACT EMPLOYEES WHO HAVE DIRECT CONTACT WITH
24 RESIDENTS OR UNSUPERVISED ACCESS TO THEIR PERSONAL LIVING
25 QUARTERS. THE TERM INCLUDES ANY PERSON WHO IS EMPLOYED OR WHO
26 ENTERS INTO A CONTRACTUAL RELATIONSHIP TO PROVIDE CARE TO A
27 CARE-DEPENDENT INDIVIDUAL FOR MONETARY CONSIDERATION IN THE
28 INDIVIDUAL'S PLACE OF RESIDENCE.
29 "EXPLOITATION." AN ACT OR COURSE OF CONDUCT BY A CARETAKER
30 OR OTHER PERSON AGAINST AN OLDER ADULT OR AN OLDER ADULT'S
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1 RESOURCES, WITHOUT THE INFORMED CONSENT OF THE OLDER ADULT OR
2 WITH CONSENT OBTAINED THROUGH MISREPRESENTATION, COERCION OR
3 THREATS OF FORCE, THAT RESULTS IN MONETARY, PERSONAL OR OTHER
4 BENEFIT, GAIN OR PROFIT FOR THE PERPETRATOR OR MONETARY OR
5 PERSONAL LOSS TO THE OLDER ADULT.
6 "FACILITY." ANY OF THE FOLLOWING:
7 (1) A DOMICILIARY CARE HOME AS DEFINED IN SECTION 2202-A
8 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
9 ADMINISTRATIVE CODE OF 1929.
10 (2) A HOME HEALTH CARE AGENCY.
11 (3) A LONG-TERM CARE NURSING FACILITY AS DEFINED IN
12 SECTION 802.1 OF THE ACT OF JULY 19, 1979 (P.L.130, NO.48),
13 KNOWN AS THE HEALTH CARE FACILITIES ACT.
14 (4) AN OLDER ADULT DAILY LIVING CENTER AS DEFINED IN
15 SECTION 2 OF THE ACT OF JULY 11, 1990 (P.L.499, NO.118),
16 KNOWN AS THE OLDER ADULT DAILY LIVING CENTERS LICENSING ACT.
17 (5) A PERSONAL CARE HOME AS DEFINED IN SECTION 1001 OF
18 THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC
19 WELFARE CODE.
20 "HOME HEALTH CARE AGENCY." ANY OF THE FOLLOWING:
21 (1) A HOME HEALTH CARE ORGANIZATION OR AGENCY LICENSED
22 BY THE DEPARTMENT OF HEALTH.
23 (2) A PUBLIC OR PRIVATE AGENCY OR ORGANIZATION, OR PART
24 OF AN AGENCY OR ORGANIZATION, WHICH PROVIDES HEALTH CARE TO A
25 CARE-DEPENDENT INDIVIDUAL IN THE INDIVIDUAL'S PLACE OF
26 RESIDENCE.
27 "LAW ENFORCEMENT OFFICIAL." ANY OF THE FOLLOWING:
28 (1) A POLICE OFFICER OF A MUNICIPALITY.
29 (2) A DISTRICT ATTORNEY.
30 (3) A MEMBER OF THE PENNSYLVANIA STATE POLICE.
19950H0305B4298 - 5 -
1 "NEGLECT." THE FAILURE TO PROVIDE FOR ONESELF OR THE FAILURE
2 OF A CARETAKER TO PROVIDE GOODS OR SERVICES ESSENTIAL TO AVOID A
3 CLEAR AND SERIOUS THREAT TO PHYSICAL OR MENTAL HEALTH. NO OLDER
4 ADULT WHO DOES NOT CONSENT TO THE PROVISION OF PROTECTIVE
5 SERVICES SHALL BE FOUND TO BE NEGLECTED SOLELY ON THE GROUNDS OF
6 ENVIRONMENTAL FACTORS WHICH ARE BEYOND THE CONTROL OF THE OLDER
7 ADULT OR THE CARETAKER, SUCH AS INADEQUATE HOUSING, FURNISHINGS,
8 INCOME, CLOTHING OR MEDICAL CARE.
9 "OLDER ADULT." A PERSON WITHIN THE JURISDICTION OF THE
10 COMMONWEALTH WHO IS 60 YEARS OF AGE OR OLDER.
11 "OLDER ADULT IN NEED OF PROTECTIVE SERVICES." AN
12 INCAPACITATED OLDER ADULT WHO IS UNABLE TO PERFORM OR OBTAIN
13 SERVICES THAT ARE NECESSARY TO MAINTAIN PHYSICAL OR MENTAL
14 HEALTH, FOR WHOM THERE IS NO RESPONSIBLE CARETAKER AND WHO IS AT
15 IMMINENT RISK OF DANGER TO HIS PERSON OR PROPERTY.
16 "PROTECTIVE SERVICES." THOSE ACTIVITIES, RESOURCES AND
17 SUPPORTS PROVIDED TO OLDER ADULTS UNDER THIS ACT TO DETECT,
18 PREVENT, REDUCE OR ELIMINATE ABUSE, NEGLECT, EXPLOITATION AND
19 ABANDONMENT.
20 "PROTECTIVE SETTING." A SETTING CHOSEN BY THE AGENCY WHERE
21 SERVICES CAN BE PROVIDED IN THE LEAST RESTRICTIVE ENVIRONMENT TO
22 PROTECT THE PHYSICAL AND MENTAL WELL-BEING OF THE OLDER ADULT.
23 "RECIPIENT." ANY INDIVIDUAL WHO RECEIVES CARE, SERVICES OR
24 TREATMENT IN OR FROM A FACILITY.
25 "Registry." The Nurse Aide and Elder Abuse Registry <--
26 established in section 13.1 311. <--
27 * * * <--
28 "Serious bodily injury." Injury which creates a substantial
29 risk of death or which causes serious permanent disfigurement or
30 protracted loss or impairment of the function of a body member
19950H0305B4298 - 6 -
1 or organ.
2 * * *
3 "SECRETARY." THE SECRETARY OF AGING OF THE COMMONWEALTH. <--
4 "SERIOUS BODILY INJURY." AN INJURY WHICH:
5 (1) CAUSES A PERSON SEVERE PAIN;
6 (2) CREATES A SUBSTANTIAL RISK OF DEATH; OR
7 (3) SIGNIFICANTLY IMPAIRS A PERSON'S PHYSICAL
8 FUNCTIONING, EITHER TEMPORARILY OR PERMANENTLY.
9 "SERVICE PLAN." A WRITTEN PLAN DEVELOPED BY THE AGENCY ON
10 THE BASIS OF COMPREHENSIVE ASSESSMENT OF A CLIENT'S NEED WHICH
11 DESCRIBES IDENTIFIED NEEDS, GOALS TO BE ACHIEVED AND SPECIFIC
12 SERVICES TO SUPPORT GOAL ATTAINMENT, WITH REGULAR FOLLOW-UP AND
13 PREDETERMINED REASSESSMENT OF CLIENT PROGRESS. SPECIFIC SERVICES
14 TO SUPPORT GOAL ATTAINMENT MAY INCLUDE, BUT IS NOT LIMITED TO,
15 HOMEMAKER SERVICES, HOME-DELIVERED MEALS, ATTENDANT CARE, OTHER
16 IN-HOME SERVICES, EMERGENCY SHELTER OR FOOD, LEGAL AID SERVICES,
17 TRANSPORTATION AND OTHER SUCH SERVICES. SERVICE PLANS ARE
18 COOPERATIVELY DEVELOPED BY THE AGENCY STAFF, THE CLIENT OR THE
19 CLIENT'S APPOINTED GUARDIAN, AND OTHER FAMILY MEMBERS WHEN
20 APPROPRIATE. THE PLAN SHALL ALSO ADDRESS, WHERE APPLICABLE,
21 SPECIAL NEEDS OF OTHER MEMBERS OF THE HOUSEHOLD UNIT AS THEY MAY
22 AFFECT THE OLDER ADULT'S NEED FOR PROTECTIVE SERVICES.
23 "SEXUAL ABUSE." INTENTIONALLY, KNOWINGLY OR RECKLESSLY
24 CAUSING OR ATTEMPTING TO CAUSE RAPE, INVOLUNTARY DEVIATE SEXUAL
25 INTERCOURSE, SEXUAL ASSAULT, STATUTORY SEXUAL ASSAULT,
26 AGGRAVATED INDECENT ASSAULT, INDECENT ASSAULT OR INCEST.
27 SECTION 3. THE ACT IS AMENDED BY ADDING A CHAPTER HEADING TO
28 READ:
29 CHAPTER 3
30 ADMINISTRATION
19950H0305B4298 - 7 -
1 Section 2. Section 5 of the act is amended by adding <--
2 subsections to read:
3 SECTION 4. SECTIONS 4, 5, 6, 7, 8, 9, 10, 11, 12 AND, 13 AND <--
4 14 OF THE ACT ARE AMENDED TO READ:
5 SECTION [4] 301. DUTIES OF DEPARTMENT AND AREA AGENCIES ON
6 AGING.
7 (A) PUBLIC INFORMATION AND INTERDEPARTMENTAL CONSULTATION.--
8 THE DEPARTMENT SHALL CONDUCT AN ONGOING CAMPAIGN DESIGNED TO
9 INFORM AND EDUCATE OLDER ADULTS, PROFESSIONALS AND THE GENERAL
10 PUBLIC ABOUT THE NEED FOR AN AVAILABILITY OF PROTECTIVE SERVICES
11 UNDER THIS [ACT] CHAPTER. THE DEPARTMENT SHALL CONSULT WITH
12 OTHER DEPARTMENTS OF THE COMMONWEALTH ON THE DESIGN AND
13 IMPLEMENTATION OF THE ONGOING PUBLIC AWARENESS CAMPAIGN. THE
14 DEPARTMENT SHALL ALSO CONSIDER THE CONCERNS OF AREA AGENCIES ON
15 AGING AND THE ENTITIES IDENTIFIED BY THEM UNDER SUBSECTION (C).
16 (B) STAFF TRAINING.--THE DEPARTMENT SHALL ESTABLISH MINIMUM
17 STANDARDS OF TRAINING AND EXPERIENCE WHICH PROTECTIVE SERVICES
18 PROVIDERS FUNDED BY THE DEPARTMENT SHALL BE REQUIRED TO FOLLOW
19 IN THE SELECTION AND ASSIGNMENT OF STAFF FOR THE PROVISION OF
20 PROTECTIVE SERVICES.
21 (C) PROTECTIVE SERVICES PLANS.--EACH AREA AGENCY ON AGING
22 SHALL INCLUDE A PROTECTIVE SERVICES PLAN AS PART OF ITS ANNUAL
23 PLAN. THE PLAN SHALL DESCRIBE THE LOCAL IMPLEMENTATION OF THIS
24 [ACT] CHAPTER, INCLUDING THE ORGANIZATION, STAFFING, MODE OF
25 OPERATIONS AND FINANCING OF PROTECTIVE SERVICES, AS WELL AS THE
26 PROVISIONS MADE FOR PURCHASE OF SERVICES, INTERAGENCY RELATIONS,
27 INTERAGENCY AGREEMENTS, SERVICE REFERRAL MECHANISMS AND LOCUS OF
28 RESPONSIBILITY FOR CASES WITH MULTISERVICE AGENCY NEEDS. THE
29 DESCRIPTION OF THE METHODS THAT WILL BE USED BY THE AGENCY, ITS
30 DESIGNEES AND ITS SERVICE PROVIDERS TO ASSURE THE PRIVACY OF
19950H0305B4298 - 8 -
1 OLDER ADULTS RECEIVING SERVICES AND THE CONFIDENTIALITY OF ALL
2 RECORDS SHALL BE ESTABLISHED BY THE DEPARTMENT. THE DEPARTMENT
3 SHALL ESTABLISH A SCHEDULE FOR THE SUBMISSION AND APPROVAL OF
4 THE PLANS. THE PLAN SHALL INCLUDE A LIST OF ALL ENTITIES,
5 WHETHER PUBLIC OR PRIVATE, THAT HAVE BEEN IDENTIFIED BY THE AREA
6 AGENCY ON AGING AS HAVING SUBSTANTIAL CONTACT WITH POTENTIAL
7 VICTIMS OR PERPETRATORS OF ABUSE, NEGLECT, EXPLOITATION AND
8 ABANDONMENT. THIS LIST SHALL BE SUBMITTED TO THE DEPARTMENT FOR
9 PURPOSES OF THE PUBLIC INFORMATION CAMPAIGN UNDER SUBSECTION
10 (A).
11 Section [5] 302. Reporting; protection from retaliation; <--
12 immunity.
13 * * * <--
14 (a.1) Mandatory reporting.--Any individual who is a
15 caretaker in an institution who has reason to believe an older
16 adult who is a resident of the institution is a victim of abuse
17 or neglect shall immediately make an oral report to the agency
18 which is the local provider of protective services.
19 * * *
20 (e) Penalties for failure to report.--A person required
21 under this section to report a case of suspected abuse or
22 neglect who willfully fails to do so commits a summary offense
23 for the first violation and a misdemeanor of the third degree
24 for a second or subsequent violation.
25 (A) REPORTING.--ANY PERSON HAVING REASONABLE CAUSE TO <--
26 BELIEVE THAT AN OLDER ADULT IS IN NEED OF PROTECTIVE SERVICES
27 MAY REPORT SUCH INFORMATION TO THE AGENCY WHICH IS THE LOCAL
28 PROVIDER OF PROTECTIVE SERVICES. WHERE APPLICABLE, REPORTS SHALL
29 COMPLY WITH THE PROVISIONS OF CHAPTER 7.
30 (B) RECEIVING REPORTS.--THE AGENCY SHALL BE CAPABLE OF
19950H0305B4298 - 9 -
1 RECEIVING REPORTS OF OLDER ADULTS IN NEED OF PROTECTIVE SERVICES
2 24 HOURS A DAY, SEVEN DAYS A WEEK (INCLUDING HOLIDAYS). THIS
3 CAPABILITY MAY INCLUDE THE USE OF A LOCAL EMERGENCY RESPONSE
4 SYSTEM OR A CRISIS INTERVENTION AGENCY, PROVIDED THAT ACCESS CAN
5 BE MADE TO A PROTECTIVE SERVICES CASEWORKER IN APPROPRIATE
6 EMERGENCY SITUATIONS AS SET FORTH IN REGULATIONS PROMULGATED BY
7 THE DEPARTMENT. ALL REPORTS RECEIVED ORALLY UNDER THIS SECTION
8 SHALL BE REDUCED TO WRITING IMMEDIATELY BY THE PERSON WHO
9 RECEIVES THE REPORT.
10 (C) RETALIATORY ACTION; PENALTY.--ANY PERSON MAKING A REPORT
11 OR COOPERATING WITH THE AGENCY, INCLUDING PROVIDING TESTIMONY IN
12 ANY ADMINISTRATIVE OR JUDICIAL PROCEEDING, AND THE VICTIM SHALL
13 BE FREE FROM ANY DISCRIMINATORY, RETALIATORY OR DISCIPLINARY
14 ACTION BY AN EMPLOYER OR BY ANY OTHER PERSON OR ENTITY. ANY
15 PERSON WHO VIOLATES THIS SUBSECTION IS SUBJECT TO A CIVIL
16 LAWSUIT BY THE REPORTER OR THE VICTIM WHEREIN THE REPORTER OR
17 VICTIM SHALL RECOVER TREBLE COMPENSATORY AND PUNITIVE DAMAGES OR
18 $5,000, WHICHEVER IS GREATER.
19 (D) IMMUNITY.--ANY PERSON PARTICIPATING IN THE MAKING OF A
20 REPORT OR WHO PROVIDES TESTIMONY IN ANY ADMINISTRATIVE OR
21 JUDICIAL PROCEEDING ARISING OUT OF A REPORT SHALL BE IMMUNE FROM
22 ANY CIVIL OR CRIMINAL LIABILITY ON ACCOUNT OF THE REPORT OR
23 TESTIMONY UNLESS THE PERSON ACTED IN BAD FAITH OR WITH MALICIOUS
24 PURPOSE. THIS IMMUNITY SHALL NOT EXTEND TO LIABILITY FOR ACTS OF
25 ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT, EVEN IF SUCH ACTS
26 ARE THE SUBJECT OF THE REPORT OR TESTIMONY.
27 (E) PENALTIES FOR FAILURE TO REPORT.--A PERSON REQUIRED <--
28 UNDER THIS SECTION TO REPORT A CASE OF SUSPECTED ABUSE WHO
29 WILLFULLY FAILS TO DO SO COMMITS A SUMMARY OFFENSE FOR THE FIRST
30 VIOLATION AND A MISDEMEANOR OF THE THIRD DEGREE FOR A SECOND OR
19950H0305B4298 - 10 -
1 SUBSEQUENT VIOLATION.
2 Section 3. Sections 6 and 9 of the act are amended to read: <--
3 Section [6] 303. Investigations of reports of need for <--
4 protective services.
5 (a) Investigation.--It shall be the agency's responsibility
6 to provide for an investigation of each report made under
7 section [5.] 302. Upon the receipt of a report of a suspicious <--
8 death or suspected sexual abuse or serious bodily injury, the
9 agency shall immediately orally notify law enforcement officials
10 of the jurisdiction where the alleged abuse or neglect occurred.
11 The agency shall also report within 72 hours all other cases of
12 abuse or neglect of older persons in institutions to local law
13 enforcement officials when the agency has reason to believe the
14 report will be substantiated. The investigation shall be
15 initiated within 72 hours after the receipt of the report and
16 shall be carried out under regulations issued by the department.
17 These regulations shall provide for the methods of conducting
18 investigations under this section and shall assure that steps
19 are taken to avoid any conflict of interest between the
20 investigator and service delivery functions. REPORTS AND <--
21 INVESTIGATIONS UNDER THIS SECTION SHALL COMPLY WITH CHAPTER 7,
22 WHERE APPLICABLE.
23 (b) Investigation involving licensed facilities.--[Any <--
24 report concerning older adults residing in a State-licensed
25 facility shall be investigated under procedures developed by the
26 department in consultation with the State agency licensing such
27 facility.] If a report concerns a resident of a State-licensed <--
28 facility, the agency shall notify the State agency licensing the
29 facility of the initiation of the investigation. If the report
30 concerns a resident of a State-licensed facility for whom the
19950H0305B4298 - 11 -
1 area agency on aging provides ombudsman services, the ombudsman
2 of the area agency on aging must be notified.
3 (c) Unsubstantiated reports.--If, after investigation by the
4 agency, the report is unsubstantiated, the case shall be closed
5 and all information identifying the reporter and the alleged
6 abuser shall be immediately deleted from all records. For
7 purposes of substantiating a pattern of abuse, neglect,
8 exploitation or abandonment, the name of the alleged victim and
9 any information describing the alleged act of abuse, neglect,
10 exploitation or abandonment may be maintained for a period of
11 six months under procedures established by the department.
12 (d) Substantiated reports.--If the report is substantiated
13 by the agency, or if the client assessment is necessary in order
14 to determine whether or not the report is substantiated, the
15 agency shall provide for a timely client assessment if the older
16 adult consents to an assessment. Upon completion of the
17 assessment, written findings shall be prepared which shall
18 include recommended action. This service plan shall provide for
19 the least restrictive alternative, encouraging client self-
20 determination and continuity of care. The service plan shall be
21 in writing and shall include a recommended course of action,
22 which may include the pursuit of civil or criminal remedies. If
23 an older adult found to be in need of protective services does
24 not consent to a client assessment or the development of a
25 service plan, the agency may apply to the case the provisions of
26 section [10.] 307. <--
27 (e) Plan of supervision.--Upon notification that an <--
28 individual who is a caretaker in an institution is alleged to
29 have committed abuse or neglect under this act CHAPTER, the <--
30 institution shall immediately implement a plan of supervision or
19950H0305B4298 - 12 -
1 alternative arrangement, subject to the agency's approval, for
2 the individual under investigation to insure the safety of the
3 residents of the institution. This plan shall remain in effect
4 until a determination is made by the agency under this section.
5 (f) Duty of State licensing agency where report is
6 substantiated.--Upon the receipt of a substantiated report
7 identifying an employee, supervisor, director, independent
8 contractor or operator as a perpetrator, the State licensing
9 agency shall order the licensee to immediately prohibit the
10 perpetrator from having access to residents of the facility.
11 Where the perpetrator is a director, operator or supervisor, the
12 person shall be subject to restrictions deemed appropriate by
13 the licensing agency which shall assure the safety of residents
14 of the institution.
15 SECTION [7] 304. PROVISION OF SERVICES; ACCESS TO RECORDS AND <--
16 PERSONS.
17 (A) AVAILABILITY OF PROTECTIVE SERVICES.--THE AGENCY SHALL
18 OFFER PROTECTIVE SERVICES UNDER ANY OF THE FOLLOWING CONDITIONS:
19 (1) AN OLDER ADULT REQUESTS SUCH SERVICES.
20 (2) ANOTHER INTERESTED PERSON REQUESTS SUCH SERVICES ON
21 BEHALF OF AN OLDER ADULT.
22 (3) IF, AFTER INVESTIGATION OF A REPORT, THE AGENCY
23 DETERMINES THE OLDER ADULT IS IN NEED OF SUCH SERVICES.
24 (B) CONSENT BY REQUEST.--EXCEPT AS PROVIDED IN SECTION [10]
25 307, AN INDIVIDUAL SHALL RECEIVE PROTECTIVE SERVICES
26 VOLUNTARILY. IN NO EVENT MAY PROTECTIVE SERVICES BE PROVIDED
27 UNDER THIS [ACT] CHAPTER TO ANY PERSON WHO DOES NOT CONSENT TO
28 SUCH SERVICES OR WHO, HAVING CONSENTED, WITHDRAWS SUCH CONSENT,
29 UNLESS SUCH SERVICES ARE ORDERED BY A COURT, REQUESTED BY A
30 GUARDIAN OF THE OLDER ADULT OR PROVIDED UNDER SECTION [10] 307.
19950H0305B4298 - 13 -
1 NOTHING IN THIS [ACT] CHAPTER SHALL PREVENT THE AGENCY FROM
2 PETITIONING FOR THE APPOINTMENT OF A GUARDIAN PURSUANT TO TITLE
3 20 OF THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO
4 DECEDENTS, ESTATES AND FIDUCIARIES).
5 (C) INTERFERENCE WITH SERVICES.--IF ANY PERSON INTERFERES
6 WITH THE PROVISION OF SERVICES OR INTERFERES WITH THE RIGHT OF
7 AN OLDER ADULT TO CONSENT TO PROVISION OF SERVICES, THE AGENCY
8 MAY PETITION THE COURT FOR AN ORDER ENJOINING SUCH INTERFERENCE.
9 (D) ACCESS TO RECORDS.--THE AGENCY SHALL HAVE ACCESS TO ALL
10 RECORDS RELEVANT TO:
11 (1) INVESTIGATIONS OF REPORTS UNDER SECTION [6] 303.
12 (2) ASSESSMENT OF CLIENT NEED.
13 (3) SERVICE PLANNING WHEN AN OLDER ADULT'S NEED FOR
14 PROTECTIVE SERVICES HAS BEEN OR IS BEING ESTABLISHED.
15 (4) THE DELIVERY OF SERVICES ARRANGED FOR UNDER THE
16 SERVICE PLAN DEVELOPED BY THE AGENCY TO RESPOND TO AN OLDER
17 ADULT'S ASSESSED NEED FOR SPECIFIC SERVICES.
18 (E) ACCESS TO PERSONS.--THE AGENCY SHALL HAVE ACCESS TO
19 OLDER PERSONS WHO HAVE BEEN REPORTED TO BE IN NEED OF PROTECTIVE
20 SERVICES IN ORDER TO:
21 (1) INVESTIGATE REPORTS UNDER SECTION [6] 303 AND
22 CHAPTER 7.
23 (2) ASSESS CLIENT NEED AND DEVELOP A SERVICE PLAN FOR
24 ADDRESSING NEEDS DETERMINED.
25 (3) PROVIDE FOR THE DELIVERY OF SERVICES BY THE AGENCY
26 OR OTHER SERVICE PROVIDER ARRANGED FOR UNDER THE SERVICE PLAN
27 DEVELOPED BY THE AGENCY.
28 (F) DENIAL OF ACCESS TO PERSONS.--IF THE AGENCY IS DENIED
29 ACCESS TO AN OLDER ADULT REPORTED TO BE IN NEED OF PROTECTIVE
30 SERVICES AND ACCESS IS NECESSARY TO COMPLETE THE INVESTIGATION
19950H0305B4298 - 14 -
1 OR THE CLIENT ASSESSMENT AND SERVICE PLAN, OR THE DELIVERY OF
2 NEEDED SERVICES IN ORDER TO PREVENT FURTHER ABUSE, NEGLECT,
3 EXPLOITATION OR ABANDONMENT OF THE OLDER ADULT REPORTED TO BE IN
4 NEED OF PROTECTIVE SERVICES, THE AGENCY MAY PETITION THE COURT
5 FOR AN ORDER TO REQUIRE THE APPROPRIATE ACCESS WHEN EITHER OF
6 THE FOLLOWING CONDITIONS APPLY:
7 (1) THE CARETAKER OR A THIRD PARTY HAS INTERFERED WITH
8 THE COMPLETION OF THE INVESTIGATION OR THE CLIENT ASSESSMENT
9 AND SERVICE PLAN OR THE DELIVERY OF SERVICES.
10 (2) THE AGENCY CAN DEMONSTRATE THAT THE OLDER ADULT
11 REPORTED TO BE IN NEED OF PROTECTIVE SERVICES IS DENYING
12 ACCESS BECAUSE OF COERCION, EXTORTION OR JUSTIFIABLE FEAR OF
13 FUTURE ABUSE, NEGLECT, OR EXPLOITATION OR ABANDONMENT.
14 (G) ACCESS BY CONSENT.--THE AGENCY'S ACCESS TO CONFIDENTIAL
15 RECORDS HELD BY OTHER AGENCIES OR INDIVIDUALS AND THE AGENCY'S
16 ACCESS TO AN OLDER ADULT REPORTED TO BE IN NEED OF PROTECTIVE
17 SERVICES SHALL REQUIRE THE CONSENT OF THE OLDER ADULT OR A
18 COURT-APPOINTED GUARDIAN EXCEPT AS PROVIDED FOR UNDER THIS
19 SECTION OR SECTION [10] 307.
20 (H) DENIAL OF ACCESS TO RECORDS.--IF THE AGENCY IS DENIED
21 ACCESS TO RECORDS NECESSARY FOR THE COMPLETION OF A PROPER
22 INVESTIGATION OF A REPORT OR A CLIENT ASSESSMENT AND SERVICE
23 PLAN, OR THE DELIVERY OF NEEDED SERVICES IN ORDER TO PREVENT
24 FURTHER ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF THE OLDER
25 ADULT REPORTED TO BE IN NEED OF PROTECTIVE SERVICES, THE AGENCY
26 MAY PETITION THE COURT OF COMMON PLEAS FOR AN ORDER REQUIRING
27 THE APPROPRIATE ACCESS WHEN EITHER OF THE FOLLOWING CONDITIONS
28 APPLY:
29 (1) THE OLDER ADULT HAS PROVIDED WRITTEN CONSENT FOR ANY
30 CONFIDENTIAL RECORDS TO BE DISCLOSED AND THE KEEPER OF THE
19950H0305B4298 - 15 -
1 RECORDS DENIES ACCESS.
2 (2) THE AGENCY CAN DEMONSTRATE THAT THE OLDER ADULT IS
3 DENYING ACCESS TO RECORDS BECAUSE OF INCOMPETENCE, COERCION,
4 EXTORTION OR JUSTIFIABLE FEAR OF FUTURE ABUSE, NEGLECT,
5 EXPLOITATION OR ABANDONMENT.
6 SECTION [8] 305. IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY.
7 IN THE ABSENCE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, THE
8 AGENCY, THE DIRECTOR, EMPLOYEES OF THE AGENCY, PROTECTIVE
9 SERVICES WORKERS OR EMPLOYEES OF THE DEPARTMENT SHALL NOT BE
10 CIVILLY OR CRIMINALLY LIABLE FOR ANY DECISION OR ACTION OR
11 RESULTING CONSEQUENCE OF DECISIONS OR ACTION WHEN ACTING UNDER
12 AND ACCORDING TO THE PROVISIONS OF THIS [ACT] CHAPTER.
13 Section [9] 306. Confidentiality of records. <--
14 (a) General rule.--Information contained in reports, records
15 of investigation, client assessment and service plans shall be
16 considered confidential and shall be maintained under
17 regulations promulgated by the department to safeguard
18 confidentiality. Except as provided below, this information
19 shall not be disclosed to anyone outside the agency other than
20 to a court of competent jurisdiction or pursuant to a court
21 order.
22 (b) Limited access to the agency's protective services
23 records.--
24 (1) [In the event that an investigation by the agency <--
25 results in a report of criminal conduct, law] Law enforcement <--
26 officials shall have access to all relevant records
27 maintained by the agency or the department. for the purposes <--
28 of investigating cases referred to under section 6(a) 303(A). <--
29 (2) In arranging specific services to carry out service
30 plans, the agency may disclose to appropriate service
19950H0305B4298 - 16 -
1 providers such information as may be necessary to initiate
2 the delivery of services.
3 (3) A subject of a report made under section [5] 302 may <--
4 receive, upon written request, all information contained in
5 the report except that prohibited from being disclosed by
6 paragraph (4).
7 (4) The release of information that would identify the
8 person who made a report of suspected abuse, neglect,
9 exploitation or abandonment or person who cooperated in a
10 subsequent investigation, is hereby prohibited unless the
11 secretary can determine that such a release will not be
12 detrimental to the safety of such person.
13 (5) When the department is involved in the hearing of an
14 appeal by a subject of a report made under section [5] 302, <--
15 the appropriate department staff shall have access to all
16 information in the report record relevant to the appeal.
17 (6) For the purposes of monitoring agency performance,
18 appropriate staff of the department may access agency
19 protective services records.
20 (7) Appropriate staff of the department may access <--
21 agency protective service records for the purpose of placing
22 information in the registry regarding institutional abuse of
23 older persons under section 13.1 311.
24 SECTION [10] 307. INVOLUNTARY INTERVENTION BY EMERGENCY COURT <--
25 ORDER.
26 (A) EMERGENCY PETITION.--WHERE THERE WAS CLEAR AND
27 CONVINCING EVIDENCE THAT IF PROTECTIVE SERVICES ARE NOT
28 PROVIDED, THE PERSON TO BE PROTECTED IS AT IMMINENT RISK OF
29 DEATH OR SERIOUS PHYSICAL HARM, THE AGENCY MAY PETITION THE
30 COURT FOR AN EMERGENCY ORDER TO PROVIDE THE NECESSARY SERVICES.
19950H0305B4298 - 17 -
1 THE COURTS OF COMMON PLEAS OF EACH JUDICIAL DISTRICT SHALL
2 ENSURE THAT A JUDGE OR DISTRICT JUSTICE IS AVAILABLE ON A 24-
3 HOUR-A-DAY, 365-DAY-A-YEAR BASIS TO ACCEPT AND DECIDE ON
4 PETITIONS FOR AN EMERGENCY COURT ORDER UNDER THIS SECTION
5 WHENEVER THE AGENCY DETERMINES THAT A DELAY UNTIL NORMAL COURT
6 HOURS WOULD SIGNIFICANTLY INCREASE THE DANGER THE OLDER ADULT
7 FACES.
8 (B) LIMITED ORDER.--THE COURT, AFTER FINDING CLEAR AND
9 CONVINCING EVIDENCE OF THE NEED FOR AN EMERGENCY ORDER, SHALL
10 ORDER ONLY SUCH SERVICES AS ARE NECESSARY TO REMOVE THE
11 CONDITIONS CREATING THE ESTABLISHED NEED.
12 (C) RIGHT TO COUNSEL.--IN ORDER TO PROTECT THE RIGHTS OF AN
13 OLDER ADULT FOR WHOM PROTECTIVE SERVICES ARE BEING ORDERED, AN
14 EMERGENCY COURT ORDER UNDER THIS SECTION SHALL PROVIDE THAT THE
15 OLDER ADULT HAS THE RIGHT TO LEGAL COUNSEL. IF THE OLDER ADULT
16 IS UNABLE TO PROVIDE FOR COUNSEL, SUCH COUNSEL SHALL BE
17 APPOINTED BY THE COURT.
18 (D) FORCIBLE ENTRY.--WHERE IT IS NECESSARY TO FORCIBLY ENTER
19 PREMISES AFTER OBTAINING A COURT ORDER, A PEACE OFFICER MAY DO
20 SO, ACCOMPANIED BY A REPRESENTATIVE OF THE AGENCY.
21 (E) HEALTH AND SAFETY REQUIREMENTS.--THE AGENCY SHALL TAKE
22 REASONABLE STEPS TO ASSURE THAT WHILE THE PERSON IS RECEIVING
23 SERVICES UNDER AN EMERGENCY COURT ORDER, THE HEALTH AND SAFETY
24 NEEDS OF ANY OF THE PERSON'S DEPENDENTS ARE MET AND THAT
25 PERSONAL PROPERTY AND THE DWELLING THE PERSON OCCUPIES ARE
26 SECURE.
27 (F) EXCLUSION OF REMEDY.--NOTHING IN THIS [ACT] CHAPTER
28 SHALL BE INTERPRETED TO DENY ANY OLDER ADULT ACCESS TO THE
29 EMERGENCY MEDICAL SERVICES OR POLICE PROTECTION THAT WOULD BE
30 PROVIDED TO ANYONE, REGARDLESS OF AGE, IN SIMILAR CIRCUMSTANCES.
19950H0305B4298 - 18 -
1 SECTION [11] 308. INDIVIDUAL RIGHTS.
2 (A) RIGHTS OF PROTECTIVE SERVICES CLIENTS.--THE AGENCY SHALL
3 OBSERVE THE FOLLOWING MINIMUM REQUIREMENTS TO SAFEGUARD THE
4 RIGHTS OF AN OLDER ADULT WHO IS REPORTED TO BE IN NEED OF
5 PROTECTIVE SERVICES:
6 (1) THE AGENCY SHALL DISCREETLY NOTIFY THE OLDER PERSON
7 DURING THE INVESTIGATION THAT A REPORT HAS BEEN MADE AND
8 SHALL PROVIDE THE PERSON WITH A BRIEF SUMMARY OF THE NATURE
9 OF THE REPORT.
10 (2) AS PROVIDED UNDER SECTION [9(B)(3)] 306(B)(3), THE
11 OLDER ADULT MAY REQUEST, AND THE AGENCY SHALL PROVIDE,
12 ADDITIONAL INFORMATION CONTAINED IN THE REPORT.
13 (3) ANY DENIAL OF SERVICES BY THE DEPARTMENT OR AN
14 AUTHORIZED AGENCY UNDER THIS [ACT] CHAPTER MAY BE APPEALED
15 ACCORDING TO THE PROVISIONS OF THE RULES AND REGULATIONS
16 ISSUED BY THE DEPARTMENT UNDER ARTICLE XXII-A OF THE ACT OF
17 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
18 CODE OF 1929.
19 (4) NOTHING IN THIS ACT SHALL LIMIT THE RIGHT OF ANY
20 OLDER PERSON TO FILE A PETITION PURSUANT TO THE ACT OF
21 OCTOBER 7, 1976 (P.L.1090, NO.218), KNOWN AS THE PROTECTION
22 FROM ABUSE ACT.
23 (B) RIGHTS OF ALLEGED ABUSERS.--AN INDIVIDUAL WHO IS ALLEGED
24 IN A PROTECTIVE SERVICES REPORT TO BE A PERPETRATOR OF THE
25 ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF AN OLDER ADULT
26 SHALL BE ENTITLED TO THE FOLLOWING IF THE REPORT IS
27 SUBSTANTIATED BY THE AGENCY:
28 (1) SUCH AN INDIVIDUAL SHALL BE NOTIFIED BY THE AGENCY
29 AT THE CONCLUSION OF THE INVESTIGATION OF THE REPORT THAT
30 ALLEGATIONS HAVE BEEN MADE AND SHALL BE GIVEN A BRIEF SUMMARY
19950H0305B4298 - 19 -
1 OF THE ALLEGATIONS.
2 (2) AS PROVIDED UNDER SECTION [9(B)(3)] 306(B)(3), THE
3 ALLEGED PERPETRATOR MAY REQUEST, AND THE AGENCY SHALL
4 PROVIDE, ADDITIONAL INFORMATION CONTAINED IN THE REPORT.
5 (3) AN ALLEGED PERPETRATOR IS ENTITLED TO FILE AN APPEAL
6 WITH THE DEPARTMENT UNDER 1 PA. CODE PART II (RELATING TO
7 GENERAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE) TO
8 CHALLENGE THE AGENCY'S FINDING RESULTING FROM THE
9 INVESTIGATION OF A REPORT MADE UNDER SECTION [6] 303.
10 SECTION [12] 309. FINANCIAL OBLIGATIONS; LIABILITIES AND
11 PAYMENTS.
12 ALL INDIVIDUALS RECEIVING SERVICES AND ALL AGENCIES PROVIDING
13 SERVICES UNDER THIS [ACT] CHAPTER SHALL COMPLY WITH THE
14 FOLLOWING PROVISIONS REGARDING LIABILITY FOR THE PAYMENT OF
15 SERVICES:
16 (1) FUNDING TO PROVIDE OR MAKE AVAILABLE PROTECTIVE
17 SERVICES UNDER THIS [ACT] CHAPTER SHALL NOT SUPPLANT ANY
18 PUBLIC AND PRIVATE ENTITLEMENTS OR RESOURCES FOR WHICH
19 PERSONS RECEIVING PROTECTIVE SERVICES UNDER THIS [ACT]
20 CHAPTER ARE OR MAY BE ELIGIBLE, AND SHALL NOT BE AVAILABLE
21 UNTIL SUCH PERSONS HAVE EXHAUSTED THEIR ELIGIBILITY AND
22 RECEIPT OF BENEFITS UNDER SAID PUBLIC AND PRIVATE
23 ENTITLEMENTS OR RESOURCES.
24 (2) FUNDING AVAILABLE TO LOCAL PROTECTIVE SERVICES
25 AGENCIES UNDER THIS [ACT] CHAPTER MAY BE USED TO COVER THE
26 COSTS OF ACTIVITIES INCLUDING, BUT NOT LIMITED TO, THE
27 FOLLOWING:
28 (I) ADMINISTERING PROTECTIVE SERVICES PLANS REQUIRED
29 UNDER SECTION [4(C)] 301(C).
30 (II) RECEIVING AND MAINTAINING RECORDS OF REPORTS OF
19950H0305B4298 - 20 -
1 ABUSE UNDER SECTION [5] 302.
2 (III) CONDUCTING INVESTIGATIONS OF REPORTED ABUSE
3 UNDER SECTION [6] 303.
4 (IV) CARRYING OUT CLIENT ASSESSMENTS AND DEVELOPING
5 SERVICE PLANS UNDER SECTION [6] 303.
6 (V) PETITIONING THE COURT UNDER SECTIONS [7] 304 AND
7 [10] 307.
8 (VI) PROVIDING EMERGENCY INVOLUNTARY INTERVENTION
9 UNDER SECTION [10] 307.
10 (VII) ARRANGING FOR AVAILABLE SERVICES NEEDED TO
11 CARRY OUT SERVICE PLANS, WHICH MAY INCLUDE, AS
12 APPROPRIATE, ARRANGING FOR SERVICES FOR OTHER HOUSEHOLD
13 MEMBERS IN ORDER TO REDUCE, CORRECT OR ELIMINATE ABUSE,
14 NEGLECT, EXPLOITATION OR ABANDONMENT OF AN OLDER ADULT.
15 (VIII) PURCHASING, ON A TEMPORARY BASIS, SERVICES
16 DETERMINED BY A SERVICE PLAN TO BE NECESSARY TO REDUCE,
17 CORRECT OR ELIMINATE ABUSE, NEGLECT, EXPLOITATION OR
18 ABANDONMENT OF AN OLDER ADULT WHEN SUCH SERVICES ARE NOT
19 AVAILABLE WITHIN THE EXISTING RESOURCES OF THE AGENCY OR
20 OTHER APPROPRIATE PROVIDER. PURCHASE OF SERVICES UNDER
21 THIS PROVISION IS LIMITED TO A 30-DAY PERIOD WHICH MAY BE
22 RENEWED WITH ADEQUATE JUSTIFICATION UNDER REGULATIONS
23 PROMULGATED BY THE DEPARTMENT.
24 (3) THE OBLIGATION OF THE COMMONWEALTH AND THE COUNTIES
25 TO PROVIDE FUNDS TO THE DEPARTMENT OR ANY AGENCY FOR SERVICES
26 PROVIDED PURSUANT TO THIS [ACT] CHAPTER SHALL BE ENTIRELY
27 DISCHARGED BY THE APPROPRIATIONS MADE TO THE DEPARTMENT OR AN
28 AGENCY. PROVIDED THAT THE AGENCY HAS MET ITS RESPONSIBILITY
29 UNDER THE LAW, NO ACTION AT LAW OR EQUITY SHALL BE INSTITUTED
30 IN ANY COURT TO REQUIRE THE DEPARTMENT, ANY AGENCY, COUNTY OR
19950H0305B4298 - 21 -
1 THE COMMONWEALTH TO PROVIDE BENEFITS OR SERVICES UNDER THIS
2 [ACT] CHAPTER FOR WHICH APPROPRIATIONS FROM THE COMMONWEALTH
3 OR COUNTIES ARE NOT AVAILABLE.
4 (4) PROTECTIVE SERVICES CLIENTS RECEIVING THE SAME
5 SERVICES PROVIDED TO OTHERS UNDER AN AGENCY SERVICE PLAN
6 SHALL NOT BE REQUIRED TO PAY A FEE FOR ANY SERVICES NOT
7 SUBJECT TO COST SHARING FOR OTHER OLDER ADULTS.
8 SECTION [13] 310. REGULATIONS; ENFORCEMENT.
9 (A) PROMULGATION OF REGULATIONS.--THE DEPARTMENT SHALL
10 PROMULGATE THE RULES AND REGULATIONS TO CARRY OUT THIS [ACT]
11 CHAPTER AND SHALL BE RESPONSIBLE FOR PRESENTING TO THE GENERAL
12 ASSEMBLY ANNUALLY A REPORT ON THE PROGRAM AND SERVICES
13 PERFORMED.
14 (B) ENFORCEMENT.--THIS [ACT] CHAPTER SHALL BE ENFORCED ONLY
15 AFTER PROMULGATION OF REGULATIONS BY THE DEPARTMENT, WHICH SHALL
16 OCCUR NO LATER THAN 12 MONTHS FOLLOWING PASSAGE OF THIS [ACT]
17 CHAPTER, EXCEPT THAT SECTION [4] 301 SHALL APPLY WHEN THE AREA
18 AGENCY ON AGING CERTIFIES TO THE DEPARTMENT THAT IT IS PREPARED
19 TO FULFILL ITS RESPONSIBILITIES. THE CERTIFICATION SHALL BE MADE
20 WITHIN 90 DAYS FOLLOWING PROMULGATION OF REGULATIONS.
21 Section 4 5. The act is amended by adding a section to read: <--
22 Section 13.1 311. Nurse Aide and Elder Abuse Registry. <--
23 (a) Establishment.--The Department of Aging, the Department
24 of Health and the Department of Public Welfare shall establish a
25 cooperative arrangement whereby persons found to be
26 substantiated perpetrators of abuse or neglect of older persons
27 in institutions shall be listed on the Department of Health's
28 Nurse Aide Registry, as established in accordance with the
29 Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203,
30 101 Stat. 1330). The Nurse Aide Registry shall hereafter be
19950H0305B4298 - 22 -
1 known as the Nurse Aide and Elder Abuse Registry.
2 (b) Information in registry.--In addition to the information
3 already required to be maintained within the Nurse Aide
4 Registry, in accordance with regulations promulgated pursuant to
5 the Omnibus Budget Reconciliation Act of 1987, the registry
6 shall include and be limited to the following information:
7 (1) The name, Social Security number, age, sex and
8 address of the perpetrator.
9 (2) The institution or institutions where the
10 perpetrator committed the abuse or neglect.
11 (3) A description of the abuse or neglect committed by
12 the perpetrator including the date or dates of the incidents.
13 (c) Expungement.--The Department of Health shall immediately
14 expunge information in the registry pertaining to any
15 perpetrator where the finding of the agency has been reversed
16 upon appeal under 6 Pa. Code § 15.82(3) (relating to rights of
17 alleged abusers).
18 (d) Information submitted by prospective employees.--
19 Administrators of institutions which assume the responsibility
20 for the provision of care needed to maintain the physical or
21 mental health of an older adult shall require prospective
22 employees to submit with their applications for employment a
23 certification from the Department of Health as to whether the
24 applicant is named in the registry as a perpetrator. The
25 certificate must be obtained within the preceding one-year
26 period.
27 (e) Grounds for denying employment.--In no case shall an
28 administrator hire an applicant where the Department of Health
29 has verified the applicant is named in the registry as a
30 perpetrator.
19950H0305B4298 - 23 -
1 (f) Regulations.--The Department of Aging, the Department of
2 Health and the Department of Public Welfare shall promulgate the
3 regulations necessary to carry out this section which shall
4 include a uniform procedure for agencies to immediately transmit
5 to the registry records of substantiated cases of abuse or
6 neglect of older persons in institutions.
7 SECTION 6. SECTION 14 OF THE ACT IS AMENDED TO READ: <--
8 SECTION [14] 312. FUNDS FOR PAYMENT OF ADMINISTRATION OF [ACT]
9 CHAPTER.
10 FUNDS NECESSARY TO ADMINISTER THIS [ACT] CHAPTER SHALL BE
11 PROVIDED BY ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY.
12 SECTION 7 5. THE ACT IS AMENDED BY ADDING A CHAPTER TO READ: <--
13 CHAPTER 7
14 REPORTING SUSPECTED ABUSE BY EMPLOYEES
15 SECTION 701. REPORTING BY EMPLOYEES.
16 (A) MANDATORY REPORTING TO AGENCY.--
17 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2): <--
18 (I) AN EMPLOYEE WHO HAS REASONABLE CAUSE TO SUSPECT
19 THAT A RECIPIENT IS A VICTIM OF ABUSE SHALL IMMEDIATELY
20 MAKE AN ORAL REPORT TO THE ADMINISTRATOR AND THE AGENCY.
21 (II) WITHIN 48 HOURS OF MAKING THE ORAL REPORT, THE
22 EMPLOYEE SHALL MAKE A WRITTEN REPORT TO THE
23 ADMINISTRATOR. THE ADMINISTRATOR SHALL IMMEDIATELY
24 FORWARD THE REPORT TO THE AGENCY.
25 (2) IF THE INDIVIDUAL SUSPECTED OF THE ABUSE IS THE
26 ADMINISTRATOR, THE REPORTS UNDER THIS SUBSECTION SHALL BE
27 MADE TO THE AGENCY.
28 (B) MANDATORY REPORTS TO LAW ENFORCEMENT OFFICIALS.--
29 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2):
30 (I) AN EMPLOYEE WHO HAS REASONABLE CAUSE TO SUSPECT
19950H0305B4298 - 24 -
1 THAT A RECIPIENT IS THE VICTIM OF SEXUAL ABUSE OR SERIOUS
2 BODILY INJURY OR THAT A DEATH IS SUSPICIOUS SHALL
3 IMMEDIATELY CONTACT THE ADMINISTRATOR.
4 (II) THE ADMINISTRATOR AND THE EMPLOYEE SHALL
5 IMMEDIATELY MAKE AN ORAL REPORT TO APPROPRIATE LAW
6 ENFORCEMENT OFFICIALS OF THE SUSPICION OF SEXUAL ABUSE OR
7 SERIOUS BODILY INJURY OR THE SUSPICIOUS DEATH.
8 (III) WITHIN 48 HOURS OF MAKING THE ORAL REPORT, THE
9 ADMINISTRATOR AND THE EMPLOYEE SHALL MAKE A WRITTEN
10 REPORT TO APPROPRIATE LAW ENFORCEMENT OFFICIALS.
11 (2) IF THE INDIVIDUAL SUSPECTED OF THE ABUSE IS THE
12 ADMINISTRATOR, PARAGRAPH (1)(I) DOES NOT APPLY; AND THE
13 REPORTS UNDER SUBPARAGRAPH (1)(II) AND (III) SHALL BE MADE
14 DIRECTLY TO APPROPRIATE LAW ENFORCEMENT OFFICIALS.
15 (1) AN EMPLOYEE OR AN ADMINISTRATOR WHO HAS REASONABLE <--
16 CAUSE TO SUSPECT THAT A RECIPIENT IS A VICTIM OF ABUSE SHALL
17 IMMEDIATELY MAKE AN ORAL REPORT TO THE AGENCY. AN EMPLOYEE
18 SHALL NOTIFY THE ADMINISTRATOR IMMEDIATELY FOLLOWING THE
19 REPORT TO THE AGENCY.
20 (2) WITHIN 48 HOURS OF MAKING THE ORAL REPORT, THE
21 EMPLOYEE OR ADMINISTRATOR SHALL MAKE A WRITTEN REPORT TO THE
22 AGENCY. THE AGENCY SHALL NOTIFY THE ADMINISTRATOR THAT A
23 REPORT OF ABUSE HAS BEEN MADE WITH THE AGENCY.
24 (3) THE EMPLOYEE MAY REQUEST THE ADMINISTRATOR TO MAKE,
25 OR TO ASSIST THE EMPLOYEE TO MAKE, THE ORAL AND WRITTEN
26 REPORTS REQUIRED BY THIS SUBSECTION.
27 (B) MANDATORY REPORTS TO LAW ENFORCEMENT OFFICIALS.--
28 (1) AN EMPLOYEE OR AN ADMINISTRATOR WHO HAS REASONABLE
29 CAUSE TO SUSPECT THAT A RECIPIENT IS THE VICTIM OF SEXUAL
30 ABUSE OR SERIOUS BODILY INJURY OR THAT A DEATH IS SUSPICIOUS
19950H0305B4298 - 25 -
1 SHALL IMMEDIATELY CONTACT LAW ENFORCEMENT OFFICIALS TO MAKE
2 AN ORAL REPORT. AN EMPLOYEE SHALL NOTIFY THE ADMINISTRATOR
3 IMMEDIATELY FOLLOWING THE REPORT TO LAW ENFORCEMENT
4 OFFICIALS.
5 (2) WITHIN 48 HOURS OF MAKING THE ORAL REPORT, THE
6 EMPLOYEE AND AN ADMINISTRATOR SHALL MAKE A WRITTEN REPORT TO
7 APPROPRIATE LAW ENFORCEMENT OFFICIALS.
8 (3) THE LAW ENFORCEMENT OFFICIALS SHALL NOTIFY THE
9 ADMINISTRATOR THAT A REPORT HAS BEEN MADE WITH THE LAW
10 ENFORCEMENT OFFICIALS.
11 (4) THE EMPLOYEE MAY REQUEST THE ADMINISTRATOR TO MAKE,
12 OR TO ASSIST THE EMPLOYEE TO MAKE, THE ORAL AND WRITTEN
13 REPORTS TO LAW ENFORCEMENT REQUIRED BY THIS SUBSECTION.
14 (C) CONTENTS OF REPORT.--A WRITTEN REPORT UNDER THIS SECTION
15 SHALL BE IN A MANNER AND ON FORMS PRESCRIBED BY THE DEPARTMENT.
16 THE REPORT SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING
17 INFORMATION:
18 (1) NAME, AGE AND ADDRESS OF THE RECIPIENT.
19 (2) NAME AND ADDRESS OF THE RECIPIENT'S GUARDIAN OR NEXT
20 OF KIN.
21 (3) NAME AND ADDRESS OF THE FACILITY.
22 (4) NATURE OF THE ALLEGED OFFENSE.
23 (5) ANY SPECIFIC COMMENTS OR OBSERVATIONS THAT ARE
24 DIRECTLY RELATED TO THE ALLEGED INCIDENT AND THE INDIVIDUAL
25 INVOLVED.
26 SECTION 702. REPORTS TO DEPARTMENT AND CORONER.
27 (A) DEPARTMENT.--
28 (1) WITHIN 48 HOURS OF RECEIPT OF A WRITTEN REPORT UNDER
29 SECTION 701(A), THE AGENCY SHALL TRANSMIT A WRITTEN REPORT TO
30 THE DEPARTMENT. SUPPLEMENTAL REPORTS SHALL BE TRANSMITTED AS
19950H0305B4298 - 26 -
1 THEY ARE OBTAINED BY THE AGENCY.
2 (2) A REPORT UNDER THIS SUBSECTION SHALL BE MADE TO THE <--
3 AGENCY AND THE DEPARTMENT IN A MANNER AND ON FORMS PRESCRIBED
4 BY THE DEPARTMENT. THE REPORT SHALL INCLUDE, AT A MINIMUM,
5 THE FOLLOWING INFORMATION:
6 (I) THE NAME AND ADDRESS OF THE ALLEGED VICTIM.
7 (II) WHERE THE SUSPECTED ABUSE OCCURRED.
8 (III) THE AGE AND SEX OF THE SUBJECTS OF THE REPORT <--
9 ALLEGED PERPETRATOR AND VICTIM. <--
10 (IV) THE NATURE AND EXTENT OF THE SUSPECTED ABUSE,
11 INCLUDING ANY EVIDENCE OF PRIOR ABUSE.
12 (V) THE NAME AND RELATIONSHIP OF THE INDIVIDUAL
13 RESPONSIBLE FOR CAUSING THE ALLEGED ABUSE TO THE VICTIM, <--
14 IF KNOWN, AND ANY EVIDENCE OF PRIOR ABUSE BY THAT
15 INDIVIDUAL.
16 (VI) THE SOURCE OF THE REPORT.
17 (VII) THE INDIVIDUAL MAKING THE REPORT AND WHERE
18 THAT INDIVIDUAL CAN BE REACHED.
19 (VIII) THE ACTIONS TAKEN BY THE REPORTING SOURCE,
20 INCLUDING TAKING OF PHOTOGRAPHS AND X-RAYS, REMOVAL OF
21 RECIPIENT AND NOTIFICATION UNDER SUBSECTION (B).
22 (IX) ANY OTHER INFORMATION WHICH THE DEPARTMENT MAY
23 REQUIRE BY REGULATION.
24 (B) CORONER.--FOR A REPORT UNDER SECTION 701(A) WHICH
25 CONCERNS THE DEATH OF A RECIPIENT, IF THERE IS REASONABLE CAUSE
26 TO SUSPECT THAT THE RECIPIENT DIED AS A RESULT OF ABUSE, THE
27 AGENCY SHALL GIVE TELEPHONE NOTICE AND FORWARD A COPY OF THE
28 REPORT TO THE APPROPRIATE CORONER WITHIN 24 HOURS.
29 SECTION 703. INVESTIGATION.
30 (A) LAW ENFORCEMENT OFFICIALS.--UPON RECEIPT OF A REPORT
19950H0305B4298 - 27 -
1 UNDER SECTION 701(B), LAW ENFORCEMENT OFFICIALS SHALL CONDUCT AN
2 INVESTIGATION TO DETERMINE WHAT CRIMINAL CHARGES, IF ANY, WILL
3 BE FILED.
4 (B) NOTIFICATION.--IF LAW ENFORCEMENT OFFICIALS HAVE
5 REASONABLE CAUSE TO SUSPECT THAT A RECIPIENT HAS SUFFERED SEXUAL
6 ABUSE, SERIOUS BODILY INJURY OR A SUSPICIOUS DEATH, LAW
7 ENFORCEMENT OFFICIALS SHALL NOTIFY THE AGENCY.
8 (C) COOPERATION.--TO THE FULLEST EXTENT POSSIBLE, LAW
9 ENFORCEMENT OFFICIALS, THE FACILITY AND THE AGENCY SHALL
10 COORDINATE THEIR RESPECTIVE INVESTIGATIONS. LAW ENFORCEMENT
11 OFFICIALS, THE FACILITY AND THE AGENCY SHALL ADVISE EACH OTHER
12 AND PROVIDE ANY APPLICABLE ADDITIONAL INFORMATION ON AN ONGOING
13 BASIS.
14 (D) FURTHER NOTIFICATION.--LAW ENFORCEMENT OFFICIALS SHALL
15 NOTIFY THE AGENCY AND THE FACILITY OF A DECISION REGARDING
16 CRIMINAL CHARGES. THE AGENCY AND THE DEPARTMENT SHALL KEEP A
17 RECORD OF ANY DECISION REGARDING CRIMINAL CHARGES.
18 (E) COMPLIANCE WITH CHAPTER 3.--IN ADDITION TO THE
19 PROVISIONS OF THIS SECTION, THE AGENCY SHALL COMPLY WITH CHAPTER
20 3.
21 SECTION 704. RESTRICTIONS ON EMPLOYEES.
22 (A) PLAN OF SUPERVISION.--UPON NOTIFICATION THAT AN EMPLOYEE
23 IS ALLEGED TO HAVE COMMITTED ABUSE, THE FACILITY SHALL
24 IMMEDIATELY IMPLEMENT A PLAN OF SUPERVISION OR, WHERE
25 APPROPRIATE, SUSPENSION OF THE EMPLOYEE, SUBJECT TO APPROVAL BY
26 THE AGENCY AND BY THE COMMONWEALTH AGENCY WITH REGULATORY
27 AUTHORITY OVER THE FACILITY. A PLAN OF SUPERVISION FOR A HOME
28 HEALTH CARE AGENCY MUST INCLUDE PERIODIC RANDOM DIRECT
29 INSPECTIONS OF CARE-DEPENDENT INDIVIDUALS BY A FACILITY EMPLOYEE
30 WHO HAS BEEN CONTINUOUSLY EMPLOYED BY THAT FACILITY FOR A PERIOD
19950H0305B4298 - 28 -
1 OF AT LEAST ONE YEAR.
2 (B) PROHIBITION.--UPON THE FILING OF CRIMINAL CHARGES
3 AGAINST AN EMPLOYEE, THE COMMONWEALTH AGENCY WHICH LICENSES THE
4 FACILITY SHALL ORDER THE FACILITY TO IMMEDIATELY PROHIBIT THAT
5 EMPLOYEE FROM HAVING ACCESS TO RECIPIENTS AT THE FACILITY. IF
6 THAT EMPLOYEE IS A DIRECTOR, OPERATOR, ADMINISTRATOR OR
7 SUPERVISOR, THAT EMPLOYEE SHALL BE SUBJECT TO RESTRICTIONS
8 DEEMED APPROPRIATE BY THE COMMONWEALTH AGENCY WHICH LICENSES THE
9 FACILITY TO ASSURE THE SAFETY OF RECIPIENTS OF THE FACILITY.
10 SECTION 705. CONFIDENTIALITY OF AND ACCESS TO CONFIDENTIAL
11 REPORTS.
12 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), A
13 REPORT UNDER THIS CHAPTER SHALL BE CONFIDENTIAL.
14 (B) EXCEPTIONS.--A REPORT UNDER THIS CHAPTER SHALL BE MADE
15 AVAILABLE TO ALL OF THE FOLLOWING:
16 (1) AN EMPLOYEE OF THE DEPARTMENT OR OF AN AGENCY IN THE
17 COURSE OF OFFICIAL DUTIES IN CONNECTION WITH RESPONSIBILITIES
18 UNDER THIS CHAPTER.
19 (2) AN EMPLOYEE OF THE DEPARTMENT OF HEALTH OR THE
20 DEPARTMENT OF PUBLIC WELFARE IN THE COURSE OF OFFICIAL
21 DUTIES.
22 (3) AN EMPLOYEE OF AN AGENCY OF ANOTHER STATE WHICH
23 PERFORMS PROTECTIVE SERVICES SIMILAR TO THOSE UNDER THIS
24 CHAPTER.
25 (4) A PRACTITIONER OF THE HEALING ARTS WHO IS EXAMINING
26 OR TREATING A RECIPIENT AND WHO SUSPECTS THAT THE RECIPIENT
27 IS IN NEED OF PROTECTION UNDER THIS CHAPTER.
28 (5) THE DIRECTOR, OR AN INDIVIDUAL SPECIFICALLY
29 DESIGNATED IN WRITING BY THE DIRECTOR, OF ANY HOSPITAL OR
30 OTHER MEDICAL INSTITUTION WHERE A VICTIM IS BEING TREATED IF
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1 THE DIRECTOR OR DESIGNEE SUSPECTS THAT THE RECIPIENT IS IN
2 NEED OF PROTECTION UNDER THIS CHAPTER.
3 (6) A GUARDIAN OF THE RECIPIENT.
4 (7) A COURT OF COMPETENT JURISDICTION PURSUANT TO A
5 COURT ORDER.
6 (8) THE ATTORNEY GENERAL.
7 (9) LAW ENFORCEMENT OFFICIALS OF ANY JURISDICTION AS
8 LONG AS THE INFORMATION IS RELEVANT IN THE COURSE OF
9 INVESTIGATING CASES OF ABUSE.
10 (10) A MANDATED REPORTER UNDER CHAPTER 3 WHO MADE A
11 REPORT OF SUSPECTED ABUSE. INFORMATION RELEASED UNDER THIS
12 PARAGRAPH SHALL BE LIMITED TO THE FOLLOWING:
13 (I) THE FINAL STATUS OF THE REPORT FOLLOWING THE
14 INVESTIGATION.
15 (II) SERVICES PROVIDED OR TO BE PROVIDED BY THE
16 AGENCY.
17 (C) EXCISION OF CERTAIN NAMES.--THE NAME OF THE PERSON
18 SUSPECTED OF COMMITTING THE ABUSE SHALL BE EXCISED FROM A REPORT
19 MADE AVAILABLE UNDER SUBSECTIONS (B)(4), (5) AND (10).
20 (D) RELEASE OF INFORMATION TO SUBJECT OF REPORT ALLEGED <--
21 PERPETRATOR AND VICTIM.--UPON WRITTEN REQUEST, A SUBJECT OF A <--
22 REPORT AN ALLEGED PERPETRATOR AND VICTIM MAY RECEIVE A COPY OF <--
23 ALL INFORMATION, EXCEPT THAT PROHIBITED FROM BEING DISCLOSED BY
24 SUBSECTION (E).
25 (E) PROTECTING IDENTITY OF PERSON MAKING REPORT.--EXCEPT FOR
26 REPORTS TO LAW ENFORCEMENT OFFICIALS, THE RELEASE OF DATA THAT
27 WOULD IDENTIFY THE INDIVIDUAL WHO MADE A REPORT UNDER THIS
28 CHAPTER OR AN INDIVIDUAL WHO COOPERATED IN A SUBSEQUENT
29 INVESTIGATION IS PROHIBITED. LAW ENFORCEMENT OFFICIALS SHALL
30 TREAT ALL REPORTING SOURCES AS CONFIDENTIAL INFORMATION.
19950H0305B4298 - 30 -
1 SECTION 706. PENALTIES.
2 (A) ADMINISTRATIVE.--
3 (1) AN ADMINISTRATOR WHO INTENTIONALLY OR WILLFULLY <--
4 FAILS TO COMPLY OR OBSTRUCTS COMPLIANCE WITH THE PROVISIONS <--
5 OF THIS CHAPTER OR WHO INTIMIDATES OR COMMITS A RETALIATORY
6 ACT AGAINST AN EMPLOYEE WHO COMPLIES IN GOOD FAITH WITH THE
7 PROVISIONS OF THIS CHAPTER COMMITS A VIOLATION OF THIS
8 CHAPTER AND SHALL BE SUBJECT TO AN ADMINISTRATIVE PENALTY
9 UNDER PARAGRAPH (3).
10 (2) A FACILITY OWNER THAT INTENTIONALLY OR WILLFULLY <--
11 FAILS TO COMPLY WITH OR OBSTRUCTS COMPLIANCE WITH, WITH THIS <--
12 CHAPTER OR THAT INTIMIDATES OR COMMITS A RETALIATORY ACT
13 AGAINST AN EMPLOYEE WHO COMPLIES IN GOOD FAITH WITH THIS
14 CHAPTER COMMITS A VIOLATION OF THIS CHAPTER AND SHALL BE
15 SUBJECT TO AN ADMINISTRATIVE PENALTY UNDER PARAGRAPH (3).
16 (3) THE COMMONWEALTH AGENCY OR COMMONWEALTH AGENCIES
17 WHICH REGULATE THE FACILITY HAVE JURISDICTION TO DETERMINE
18 VIOLATIONS OF THIS CHAPTER AND MAY ISSUE AN ORDER ASSESSING A
19 CIVIL PENALTY OF NOT MORE THAN $2,500. AN ORDER UNDER THIS
20 PARAGRAPH IS SUBJECT TO 2 PA.C.S. CH. 5 SUBCH. A (RELATING TO
21 PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES) AND CH. 7
22 SUBCH. A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY
23 ACTION).
24 (B) CRIMINAL.--
25 (1) AN ADMINISTRATOR WHO INTENTIONALLY OR WILLFULLY <--
26 FAILS TO COMPLY OR OBSTRUCTS COMPLIANCE WITH THIS CHAPTER
27 COMMITS A SUMMARY OFFENSE MISDEMEANOR OF THE THIRD DEGREE AND <--
28 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $300 <--
29 $2,500 OR TO IMPRISONMENT FOR NOT MORE THAN 90 DAYS ONE YEAR <--
30 OR BOTH.
19950H0305B4298 - 31 -
1 (2) A FACILITY OWNER THAT INTENTIONALLY OR WILLFULLY <--
2 FAILS TO COMPLY WITH, OR OBSTRUCTS COMPLIANCE WITH, THIS
3 CHAPTER COMMITS A SUMMARY OFFENSE MISDEMEANOR OF THE THIRD <--
4 DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE
5 OF $300 $2,500 OR TO IMPRISONMENT FOR NOT MORE THAN 90 DAYS <--
6 ONE YEAR OR BOTH. <--
7 SECTION 707. IMMUNITY.
8 AN ADMINISTRATOR OR A FACILITY SHALL NOT BE HELD CIVILLY
9 LIABLE FOR ANY ACTION DIRECTLY RELATED TO GOOD FAITH COMPLIANCE
10 WITH THIS CHAPTER.
11 SECTION 8 6. THE ACT IS AMENDED BY ADDING A CHAPTER HEADING <--
12 TO READ:
13 CHAPTER 51
14 MISCELLANEOUS PROVISIONS
15 SECTION 9 7. SECTIONS 15 AND 16 OF THE ACT ARE AMENDED TO <--
16 READ:
17 SECTION [15] 5101. REPEALS.
18 ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS THEY
19 ARE INCONSISTENT WITH THIS ACT.
20 SECTION [16] 5102. EFFECTIVE DATE.
21 THIS ACT SHALL TAKE EFFECT JULY 1, 1988.
22 Section 5 10 8. This act shall take effect in 90 days. <--
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