THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WILLIAMS, KIRKLAND, K. BOYLE, DeLUCA, CALTAGIRONE, DALEY, DONATUCCI, FABRIZIO, GEORGE, HARKINS, JOSEPHS, KAVULICH, KORTZ, KULA, MIRABITO, MOUL, MUNDY, PASHINSKI, PRESTON, STABACK, WHEATLEY AND HORNAMAN, MARCH 14, 2011

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 14, 2011  

AN ACT

Amending the act of November 6, 1987 (P.L.381, No.79), entitled

"An act relating to the protection of the abused, neglected,

exploited or abandoned elderly; establishing a uniform

Statewide reporting and investigative system for suspected

abuse, neglect, exploitation or abandonment of the elderly;

providing protective services; providing for funding; and

making repeals," providing for reporting by hospital

personnel of suspected abuse.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 103 of the act of November 6, 1987

(P.L.381, No.79), known as the Older Adults Protective Services

Act, is amended by adding definitions to read:

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Hospital."  An institution licensed in this Commonwealth

having an organized medical staff established for the purpose of

providing to inpatients, by or under the supervision of

physicians, diagnostic and therapeutic services for the care of

persons who are injured, disabled, pregnant, diseased, sick or

mentally ill or rehabilitation services for the rehabilitation

of persons who are injured, disabled, pregnant, diseased, sick

or mentally ill. The term includes facilities for the diagnosis

and treatment of disorders within the scope of specific medical

specialties. The term does not include facilities caring

exclusively for the mentally ill.

"Hospital administrator."  The person responsible for the

administration of a hospital.

"Hospital personnel."  Includes those persons who are engaged

in the admission, examination, care or treatment of individuals

in a hospital.

* * *

"Patient."  An individual who receives care, services or

treatment in or from a hospital.

* * *

Section 2.  Section 302 of the act is amended by adding a

subsection to read:

Section 302.  Reporting; protection from retaliation; immunity.

* * *

(a.1)  Reporting by hospital personnel.--

(1)  Hospital personnel who, in the course of their

employment, occupation or practice of their profession, come

into contact with a patient who is an older adult shall

notify the hospital administrator when they have reasonable

cause to suspect on the basis of their medical, professional

or other training and experience that an older adult coming

before them in their professional capacity is a victim of

abuse.

(2)  Upon notification, the hospital administrator shall

assume the responsibility and shall have the legal obligation

to report or cause an oral report to be made to the agency.

Within 48 hours of making the oral report, the hospital

administrator shall make a written report to the agency.

(3)  A hospital administrator who has reasonable cause to

suspect that a patient is the victim of sexual abuse, serious

physical injury or serious bodily injury or that a death is

suspicious shall, in addition to contacting the agency,

immediately contact law enforcement officials to make an oral

report. Within 48 hours of making the oral report, the

hospital administrator shall make a written report to

appropriate law enforcement officials.

(4)  The privileged communication between any

professional person and the patient of that person shall not

apply to situations involving older adult abuse and shall not

constitute grounds for failure to report as required by this

subsection.

* * *

Section 3.  This act shall take effect in 60 days.