62A-3-305 - Reporting requirements -- Investigation -- Immunity -- Violation -- Penalty -- Nonmedical healing.
62A-3-305. Reporting requirements -- Investigation -- Immunity -- Violation --Penalty -- Nonmedical healing.
(1) Any person who has reason to believe that any vulnerable adult has been the subjectof abuse, neglect, or exploitation shall immediately notify Adult Protective Services intake or thenearest law enforcement agency. When the initial report is made to law enforcement, lawenforcement shall immediately notify Adult Protective Services intake. Adult Protective Servicesand law enforcement shall coordinate, as appropriate, their efforts to provide protection to thevulnerable adult.
(2) When the initial report or subsequent investigation by Adult Protective Servicesindicates that a criminal offense may have occurred against a vulnerable adult:
(a) Adult Protective Services shall notify the nearest local law enforcement agencyregarding the potential offense; and
(b) the law enforcement agency may initiate an investigation in cooperation with AdultProtective Services.
(3) Anyone who in good faith makes a report or otherwise notifies a law enforcementagency or Adult Protective Services of suspected abuse, neglect, or exploitation is immune fromcivil and criminal liability in connection with the report or other notification.
(4) (a) Any person who willfully fails to report suspected abuse, neglect, or exploitationof a vulnerable adult is guilty of a class B misdemeanor.
(b) A covered health care facility as defined in Section 26-21-9.5 that knowingly fails toreport suspected abuse or neglect as required by this section, is subject to a private right of actionand liability for the abuse or neglect of another person that is committed by the individual whowas not reported to Adult Protective Services in accordance with this section.
(5) Under circumstances not amounting to a violation of Section 76-8-508, a person whothreatens, intimidates, or attempts to intimidate a vulnerable adult who is the subject of a report,a witness, the person who made the report, or any other person cooperating with an investigationconducted pursuant to this chapter is guilty of a class B misdemeanor.
(6) An adult is not considered abused, neglected, or a vulnerable adult for the reason thatthe adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medicalcare.
Amended by Chapter 267, 2009 General Session