ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	House: JUD DP 9-0-0-1

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HB 2535: mandatory reporting; vulnerable adults; penalties

Sponsor:  Representative Longdon, LD 24

Caucus & COW

Overview

An emergency establishing failure of a health professional to report abuse, neglect and exploitation of vulnerable adults involving sexual offenses as a class 6 felony.

History

Health professionals and other related specified professionals who are responsible for the care of a vulnerable adult and suspect abuse, neglect or exploitation of the vulnerable adult are required to report immediately or cause reports to be made to a peace officer or the adult protective services intake unit about the following:

1) Names, address and age of the adult;

2) Persons having control or custody of the adult;

3) Nature and extent of the adult’s vulnerability;

4) Nature and extent of the abuse, neglect or exploitation; and 

5) Other information pertinent to determining the cause of the abuse, neglect or exploitation. 

An individual who is responsible for the care of a vulnerable adult and suspects abuse, neglect or exploitation but fails to report to the appropriate authorities faces the penalty of a class 1 misdemeanor (A.R.S. § 46-454).

A vulnerable adult is defined as an incapacitated person or an individual who is eighteen years of age or older and cannot defend against abuse, neglect or exploitation due to a mental or physical impairment (A.R.S. § 46-451). Incapacitated persons are individuals impaired by mental illness, mental deficiency, mental disorder, physical illness, physical disability, chronic drug use, chronic intoxication or other reasons to the extent they cannot make or communicate responsible decisions regarding the individual’s self (A.R.S. § 14-5101).

Provisions

1. Classifies failure to report suspected abuse, neglect or exploitation of a vulnerable adult that involves a sexual offense by health professions and related specified professions as a class 6 felony. (Sec. 2)

2. Defines health professional. (Sec. 1)

3. Makes technical and conforming changes. (Sec. 1, 2)

4. Contains an emergency clause. (Sec. 3)

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8.                   HB 2535

9. Initials LC/PN      Page 0           Caucus & COW

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