39-5301. SHORT TITLE. This chapter shall be known and may be cited as the "Adult Abuse, Neglect and Exploitation Act." History: [(39-5301) 1982, ch. 286, sec. 2, p. 734; am. and redesignated 1991, ch. 329, sec. 2, p. 847.]
39-5301A. DECLARATION OF POLICY. (1) It is the intent of the adult abuse, neglect and exploitation act to authorize the fewest possible restrictions on the exercise of personal freedom and religious beliefs consistent with a vulnerable adult’s need for services and to empower vulnerable adults to protect themselves. (2) The legislature recognizes that vulnerable adults […]
39-5302. DEFINITIONS. For the purposes of this chapter: (1) "Abuse" means the intentional or negligent infliction of physical pain, injury or mental injury. (2) "Caretaker" means any individual or institution that is responsible by relationship, contract, or court order to provide food, shelter or clothing, or medical or other life-sustaining necessities to a vulnerable adult. […]
39-5303. DUTY TO REPORT CASES OF ABUSE, NEGLECT OR EXPLOITATION OF VULNERABLE ADULTS. (1) Any physician, nurse, employee of a public or private health facility, or a state-licensed or certified residential facility serving vulnerable adults, medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, social worker, police officer, pharmacist, physical therapist, or home care worker who has […]
39-5303A. EXEMPTION FROM DUTY TO REPORT — LIMITED APPLICATION OF EXEMPTION. (1) The requirements set forth in section 39-5303, Idaho Code, pertaining to the reporting of instances of abuse, neglect or exploitation of a vulnerable adult to the commission or the department shall not apply to situations involving resident-to-resident contact within public or private health […]
39-5304. REPORTING REQUIREMENTS, INVESTIGATION, EMERGENCY ACCESS. (1) When a report is required pursuant to this chapter, such report shall be made immediately to the commission or appropriate provider. Provided however, that nursing facilities defined in section 39-1301(b), Idaho Code, and employees of such facilities shall make reports required under this chapter to the department. If […]
39-5305. INSPECTIONS — RIGHT OF ENTRY. (1) Upon receiving information that a vulnerable adult is alleged to be abused, neglected, or exploited, the commission or provider shall cause such investigation to be made in accordance with the provisions of this chapter as is appropriate. In making the investigation, the commission or provider shall use its […]
39-5306. SUPPORTIVE SERVICES AND DISCLOSURE. (1) If there is substantiated abuse, neglect, or exploitation of a vulnerable adult, the commission or provider has the responsibility to assist the adult in obtaining available services. (2) If the commission or provider develops a plan of supportive services for the vulnerable adult, the plan shall provide for appropriate […]
39-5307. ACCESS TO RECORDS. Any person, department, agency or commission authorized to carry out the duties enumerated in this chapter shall have access to all relevant records, which shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and shall only be divulged with the written consent of the vulnerable adult or […]
39-5308. INTERAGENCY COOPERATION. (1) In performing the duties set forth in this chapter, the commission or provider may request the assistance of the staffs and resources of all appropriate state departments, agencies and commissions, and local health directors, and may utilize any other public or private agencies, groups or individuals who are appropriate and who […]
39-5309. COORDINATION OF SERVICES. Subsequent to the authorization for the provision of reasonable and necessary emergency and support services, the commission or provider shall initiate a review of each case at reasonable intervals over a reasonable period of time as the commission or provider deems necessary based upon the circumstances in each individual case to […]
39-5310. REPORT TO LAW ENFORCEMENT — PROSECUTION. (1) If, as the result of any investigation initiated under the provisions of this chapter, it appears that the abuse, neglect, or exploitation has caused injury or a serious imposition on the rights of the vulnerable adult, the commission shall immediately notify the appropriate law enforcement agency which […]
39-5311. EFFECT OF ACTIONS TAKEN PURSUANT TO THE NATURAL DEATH ACT. Any action taken by a physician or health facility pursuant to an agreement with a vulnerable adult in accordance with the provisions of chapter 45, title 39, Idaho Code, shall not be construed to constitute abuse, exploitation, or neglect, so long as it is […]
39-5312. RULES. The director of the commission shall have the authority to adopt, promulgate and enforce such rules as he deems necessary in carrying out the provisions of this chapter, subject to the provisions of chapter 52, title 67, Idaho Code. History: [(39-5312) 1982, ch. 286, sec. 2, p. 734; am. and redesignated 1991, ch. […]
