Section 308 – Peace officer’s authority to transport — Notification.
62A-3-308. Peace officer’s authority to transport — Notification. (1) A peace officer may remove and transport, or cause to have transported, a vulnerable adult to an appropriate medical or shelter facility, if: (a) the officer has probable cause to believe that: (i) by reason of abuse, neglect, or exploitation there exist exigent circumstances; and (ii) […]
Section 309 – Enforcement by division — Duty of county or district attorney.
62A-3-309. Enforcement by division — Duty of county or district attorney. (1) It is the duty of the county or district attorney, as appropriate under Sections 17-18a-202 and 17-18a-203, to: (a) assist and represent the division; (b) initiate legal proceedings to protect vulnerable adults; and (c) take appropriate action to prosecute the alleged offenders. (2) […]
Section 311 – Requests for records.
62A-3-311. Requests for records. (1) Requests for records maintained by Adult Protective Services shall be made in writing to Adult Protective Services. (2) Classification and disclosure of records shall be made in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. Amended by Chapter 91, 2008 General SessionAmended by Chapter 382, 2008 […]
Section 311.1 – Statewide database — Restricted use and access.
Effective 5/4/2022 62A-3-311.1. Statewide database — Restricted use and access. (1) The division shall maintain a database for reports of vulnerable adult abuse, neglect, or exploitation made pursuant to this part. (2) The database shall include: (a) the names and identifying data of the alleged abused, neglected, or exploited vulnerable adult and the alleged perpetrator; […]
Section 304 – Cooperation by caretaker.
62A-3-304. Cooperation by caretaker. A caretaker, facility, or other institution shall, regardless of the confidentiality standards of the caretaker, facility, or institution: (1) report abuse, neglect, or exploitation of a vulnerable adult in accordance with this chapter; (2) cooperate with any Adult Protective Services investigation; (3) provide Adult Protective Services with access to records or […]
Section 305 – Reporting requirements — Investigation — Exceptions — Immunity — Penalties — Nonmedical healing.
Effective 9/1/2022 62A-3-305. Reporting requirements — Investigation — Exceptions — Immunity — Penalties — Nonmedical healing. (1) Except as provided in Subsection (4), if an individual has reason to believe that a vulnerable adult is, or has been, the subject of abuse, neglect, or exploitation, the individual shall immediately report the suspected abuse, neglect, or […]
Section 205 – Procedures — Adjudicative proceedings.
Effective 5/8/2018 62A-3-205. Procedures — Adjudicative proceedings. The ombudsman shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in the ombudsman’s adjudicative proceedings. Amended by Chapter 60, 2018 General Session
Section 206 – Investigation of complaints — Procedures.
Effective 5/8/2018 62A-3-206. Investigation of complaints — Procedures. (1) The ombudsman shall investigate each complaint the ombudsman receives. An investigation may consist of a referral to another public agency, the collecting of facts and information over the telephone, or an inspection of the long-term care facility that is named in the complaint. (2) In making […]
Section 207 – Confidentiality of materials relating to complaints or investigations — Immunity from liability — Discriminatory, disciplinary, or retaliatory actions prohibited.
Effective 5/8/2018 62A-3-207. Confidentiality of materials relating to complaints or investigations — Immunity from liability — Discriminatory, disciplinary, or retaliatory actions prohibited. (1) The ombudsman shall establish procedures to ensure that all files maintained by the ombudsman program are disclosed only at the discretion of and under the authority of the ombudsman. The identity of […]
Section 208 – Prohibited acts — Penalty.
Effective 5/8/2018 62A-3-208. Prohibited acts — Penalty. (1) No person may: (a) give or cause to be given advance notice to a long-term care facility or agency that an investigation or inspection under the direction of the ombudsman is pending or under consideration, except as provided by law; (b) disclose confidential information submitted to the […]