HB2695 - 571R

Be it enacted by the Legislature of the State of Arizona:

Section. 1. Section 46-454, Arizona Revised Statutes, is amended to read:

START_STATUTE46-454. Duty to report abuse, neglect and exploitation of vulnerable adults; duty to make medical records available; violation; classification

A. A health professional, emergency medical technician, home health provider, hospital intern or resident, speech, physical or occupational therapist, long-term care provider, social worker, peace officer, medical examiner, guardian, conservator, fire protection personnel, developmental disabilities provider, employee of the department of economic security or other person who has responsibility for the care of a vulnerable adult and who has a reasonable basis to believe that abuse, neglect or exploitation of the vulnerable adult has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer or to the adult protective services central intake unit. The guardian or conservator of a vulnerable adult shall immediately report or cause reports to be made of such reasonable basis to the superior court and the adult protective services central intake unit. The reports required by this subsection shall be made immediately by telephone or online.

B. If an individual listed in subsection A of this section is an employee or agent of a health care institution as defined in section 36-401 and the health care institution's procedures require that all suspected abuse, neglect and exploitation be reported to adult protective services as required by law, the individual is deemed to have complied with the requirements of subsection A of this section by reporting or causing a report to be made to the health care institution in accordance with the health care institution's procedures.

C. An attorney, accountant, trustee, guardian, conservator, banking or financial professional or other person who has responsibility for preparing the tax records of a vulnerable adult or a person who has responsibility for any other action concerning the use or preservation of the vulnerable adult's property and who, in the course of fulfilling that responsibility, discovers a reasonable basis to believe that abuse, neglect or exploitation of the vulnerable adult has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer or to the adult protective services central intake unit. The reports required by this subsection shall be made immediately by telephone or online.

D. Reports pursuant to subsections A and C of this section shall contain:

1. The names and addresses of the vulnerable adult and any persons having control or custody of the vulnerable adult, if known.

2. The vulnerable adult's age and the nature and extent of the vulnerable adult's vulnerability.

3. The nature and extent of the abuse, neglect or exploitation.

4. Any other information that the person reporting believes might be helpful in establishing the cause of the abuse, neglect or exploitation.

E. Any person other than one required to report or cause reports to be made pursuant to subsection A or C of this section who has a reasonable basis to believe that abuse, neglect or exploitation of a vulnerable adult has occurred may report the information to a peace officer or to the adult protective services central intake unit.

F. A person having custody or control of medical or financial records of a vulnerable adult for whom a report is required or authorized under this section shall make those records, or a copy of those records, available to a peace officer or adult protective services worker investigating the vulnerable adult's abuse, neglect or exploitation on written request for the records signed by the peace officer or adult protective services worker. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding or investigation resulting from a report required or authorized under this section.

G. If reports pursuant to this section are received by a peace officer, the peace officer shall notify the adult protective services central intake unit as soon as possible and make that information available to them, including all related police records. A peace officer shall provide the information to adult protective services as soon as possible.

H. A person required to receive reports pursuant to subsection A, C or E of this section may take or cause to be taken photographs of the abused vulnerable adult and the vicinity involved. Medical examinations, including radiological examinations of the involved vulnerable adult, may be performed. Accounts, inventories or audits of the exploited vulnerable adult's property may be performed. The person, department, agency or court that initiates the photographs, examinations, accounts, inventories or audits shall pay the associated costs in accordance with existing statutes and rules. If any person is found to be responsible for the abuse, neglect or exploitation of a vulnerable adult in a criminal or civil action, the court may order the person to make restitution as the court deems appropriate.

I. If psychiatric records are requested pursuant to subsection F of this section, the custodian of the records shall notify the attending psychiatrist, who may excise from the records, before they are made available:

1. Personal information about individuals other than the patient.

2. Information regarding specific diagnosis or treatment of a psychiatric condition, if the attending psychiatrist certifies in writing that release of the information would be detrimental to the patient's health or treatment.

J. If any portion of a psychiatric record is excised pursuant to subsection I of this section, a court, on application of a peace officer or adult protective services worker, may order that the entire record or any portion of the record containing information relevant to the reported abuse, neglect or exploitation be made available to the peace officer or adult protective services worker investigating the abuse, neglect or exploitation.

K. A licensing agency shall not find that a reported incidence of abuse at a care facility by itself is sufficient grounds to allow the agency to close the facility or to find that all residents are in imminent danger.

L. Retaliation against a person who in good faith reports abuse, neglect or exploitation is prohibited. Retaliation against a vulnerable adult who is the subject of a report is prohibited. Any adverse action taken against a person who reports abuse, neglect or exploitation or a vulnerable adult who is the subject of the report within ninety days after the report is filed is presumed to be retaliation.

M. A person who violates this section is guilty of a class 1 misdemeanor, except that if the failure to report involves an offense listed in title 13, chapter 14, the person is guilty of a class 6 felony. END_STATUTE

Sec. 2. Title 46, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 46-456.01, to read:

START_STATUTE46-456.01. Financial institutions; financially vulnerable adults; trusted contact; training; immunity; definitions

A. A financial institution may offer to a financially vulnerable adult the opportunity to submit and update a trusted contact.

B. A financial institution that has reasonable cause to suspect that a financially vulnerable adult is a victim or target of exploitation may communicate with any or all of the following unless that individual is suspected as the possible perpetrator of the alleged exp~~individual is suspected as the possible perpetrator of the alleged exp~~loitation:

1. the financially vulnerable adult's trusted contact.

2. A co-owner, additional authorized signatory or beneficiary on any account that is held by a financially vulnerable adult.

3. Any individual who is reasonably associated with the financially vulnerable adult, including a family member, if the financially vulnerable adult:

(a) Did not provide a trusted contact.

(b) Does not have a power of attorney.

4. A financial power of attorney.

C. Information that is shared pursuant to this section is exempt from any customer consent or customer notice requirements.

D. A financial institution may provide training that is developed by the financial institution or a third party selected by a financial institution relating to identifying and reporting the suspected financial exploitation of a financially vulnerable adult to financial institution employees who interact with financially vulnerable adults as part of their job or who examine financial records or transactions of financially vulnerable adults while providing financial services that includes all of the following:

1. How to identify exploitation of a financially vulnerable adult.

2. How to report suspected financial exploitation internally within the financial institution.

3. How to report suspected exploitation to law enforcement or adult protective services.

4. How to recognize the signs of exploitation.

5. How to protect confidential information.

E. A financial institution that provides exploitation training to identify financially vulnerable adults shall:

1. Retain a copy of the training materials.

2. Maintain a list of employees who attend the training and include the dates of completion for each employee.

3. Provide the training materials to the department of insurance and financial institutions on request. The financial institution may not disclose the training materials to former employees.

F. If a financial institution has reasonable suspicion to believe that a financially vulnerable adult is being or may have been exploited, the financial institution may report the behavior to adult protective services or law enforcement. The financial institution shall cooperate in any investigation and disclose financial records and information relevant to an investigation.

G. A financial institution is immune from any civil or administrative liability for any act taken or omission made in good faith and with reasonable care pursuant to this section, if the financial institution provided training to its employees.

H. This section does not create a cause of action against a financial institution.

I. For the purposes of this section:

1. "Financial institution":

(a) Has the same meaning prescribed in section 6-101.

(b) Includes employees of the financial institution.

2. "Financially vulnerable adult" means an individual who is either of the following:

(a) At least sixty-five years of age.

(b) At least eighteen years of age and who is incapable of managing or directing the management of the individual's property due to any of the following:

(i) Mental illness.

(ii) Intellectual disability.

(iii) Dementia.

(iv) Other physical or mental incapacity.

3. "Trusted contact" means a person whom a FINANCIALLY vulnerable adult authorizes a financial institution to contact if the financial institution has reasonable cause to suspect that the financially vulnerable adult is a victim or target of exploitation. END_STATUTE