SENATE AMENDED PRIOR PRINTER'S NOS. 141, 268, 519, 947 PRINTER'S NO. 1589
No. 132 Session of 1997
INTRODUCED BY VANCE, E. Z. TAYLOR, GRUPPO, BLAUM, SAYLOR, TIGUE, BUXTON, NAILOR, KREBS, MASLAND, GEORGE, FLICK, ARMSTRONG, M. COHEN, NICKOL, COY, B. SMITH, MILLER, JAMES, BELARDI, TULLI, MAITLAND, WAUGH, CORNELL, FEESE, OLASZ, READSHAW, PESCI, DENT, BATTISTO, BOSCOLA, PETRARCA, DeLUCA, TRAVAGLIO, GLADECK, TRELLO, VAN HORNE, ROONEY, BEBKO-JONES, D. W. SNYDER, SHANER, MARSICO, ITKIN, MUNDY, MANDERINO, MICHLOVIC, CURRY, BUNT, COLAFELLA, L. I. COHEN, LUCYK, STEELMAN, RAYMOND, C. WILLIAMS, TRICH, STEVENSON, EGOLF, ROBERTS, BAKER, HABAY, ORIE, BENNINGHOFF, EACHUS AND BROWN, JANUARY 29, 1997
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, APRIL 28, 1997
AN ACT 1 Amending the act of November 6, 1987 (P.L.381, No.79), entitled 2 "An act relating to the protection of the abused, neglected, 3 exploited or abandoned elderly; establishing a uniform 4 Statewide reporting and investigative system for suspected 5 abuse, neglect, exploitation or abandonment of the elderly; 6 providing protective services; providing for funding; making 7 repeals," adding certain definitions; further providing for 8 reporting, for investigations and for reporting suspected 9 abuse by employees. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Section 103 of the act of November 6, 1987 13 (P.L.381, No.79), known as the Older Adults Protective Services 14 Act, is amended by adding definitions to read: 15 Section 103. Definitions. 16 The following words and phrases when used in this act shall
1 have the meanings given to them in this section unless the 2 context clearly indicates otherwise: 3 * * * 4 "INTIMIDATION." AN ACT OR OMISSION BY ANY PERSON OR ENTITY <-- 5 TOWARD ANOTHER PERSON WHICH IS INTENDED TO, OR WITH KNOWLEDGE 6 THAT THE ACT OR OMISSION WILL, OBSTRUCT, IMPEDE, IMPAIR, PREVENT 7 OR INTERFERE WITH THE ADMINISTRATION OF THIS ACT OR ANY LAW 8 INTENDED TO PROTECT OLDER ADULTS FROM MISTREATMENT. 9 * * * 10 "Serious bodily injury." Injury which creates a substantial 11 risk of death or which causes serious permanent disfigurement or 12 protracted loss or impairment of the function of a body member 13 or organ. 14 "Serious physical injury." An injury that: 15 (1) causes a person severe pain; or 16 (2) significantly impairs a person's physical 17 functioning, either temporarily or permanently. 18 * * * 19 "Sexual abuse." Intentionally, knowingly or recklessly 20 causing or attempting to cause rape, involuntary deviate sexual 21 intercourse, sexual assault, statutory sexual assault, 22 aggravated indecent assault, indecent assault or incest. 23 Section 2. Sections 302(a) 302, 303(a), 304(e) and 503, 503 <-- 24 AND 508 of the act, amended or added December 18, 1996 25 (P.L.1125, No.169), are amended to read: 26 Section 302. Reporting; protection from retaliation; immunity. 27 (a) Reporting.--Any person having reasonable cause to 28 believe that an older adult is in need of protective services 29 may report such information to the agency which is the local 30 provider of protective services. Where applicable, reports shall 19970H0132B1589 - 2 -
1 comply with the provisions of chapter 7. 2 * * * <-- 3 (B) RECEIVING REPORTS.--THE AGENCY SHALL BE CAPABLE OF <-- 4 RECEIVING REPORTS OF OLDER ADULTS IN NEED OF PROTECTIVE SERVICES 5 24 HOURS A DAY, SEVEN DAYS A WEEK (INCLUDING HOLIDAYS). THIS 6 CAPABILITY MAY INCLUDE THE USE OF A LOCAL EMERGENCY RESPONSE 7 SYSTEM OR A CRISIS INTERVENTION AGENCY, PROVIDED THAT ACCESS CAN 8 BE MADE TO A PROTECTIVE SERVICES CASEWORKER IN APPROPRIATE 9 EMERGENCY SITUATIONS AS SET FORTH IN REGULATIONS PROMULGATED BY 10 THE DEPARTMENT. ALL REPORTS RECEIVED ORALLY UNDER THIS SECTION 11 SHALL BE REDUCED TO WRITING IMMEDIATELY BY THE PERSON WHO 12 RECEIVES THE REPORT. 13 (C) RETALIATORY ACTION; PENALTY.--ANY PERSON MAKING A REPORT 14 OR COOPERATING WITH THE AGENCY, INCLUDING PROVIDING TESTIMONY IN 15 ANY ADMINISTRATIVE OR JUDICIAL PROCEEDING, AND THE VICTIM SHALL 16 BE FREE FROM ANY DISCRIMINATORY, RETALIATORY OR DISCIPLINARY 17 ACTION BY AN EMPLOYER OR BY ANY OTHER PERSON OR ENTITY. ANY 18 PERSON WHO VIOLATES THIS SUBSECTION IS SUBJECT TO A CIVIL 19 LAWSUIT BY THE REPORTER OR THE VICTIM WHEREIN THE REPORTER OR 20 VICTIM SHALL RECOVER TREBLE COMPENSATORY DAMAGES, COMPENSATORY <-- 21 AND PUNITIVE DAMAGES OR $5,000, WHICHEVER IS GREATER. 22 (C.1) INTIMIDATION; PENALTY.--ANY PERSON, INCLUDING THE 23 VICTIM, WITH KNOWLEDGE SUFFICIENT TO JUSTIFY MAKING A REPORT OR 24 COOPERATING WITH THE AGENCY, INCLUDING POSSIBLY PROVIDING 25 TESTIMONY IN ANY ADMINISTRATIVE OR JUDICIAL PROCEEDING, SHALL BE 26 FREE FROM ANY INTIMIDATION BY AN EMPLOYER OR BY ANY OTHER PERSON 27 OR ENTITY. ANY PERSON WHO VIOLATES THIS SUBSECTION IS SUBJECT TO 28 CIVIL LAWSUIT BY THE PERSON INTIMIDATED OR THE VICTIM WHEREIN 29 THE PERSON INTIMIDATED OR THE VICTIM SHALL RECOVER TREBLE 30 COMPENSATORY DAMAGES, COMPENSATORY AND PUNITIVE DAMAGES OR <-- 19970H0132B1589 - 3 -
1 $5,000, WHICHEVER IS GREATER. 2 (D) IMMUNITY.--ANY PERSON PARTICIPATING IN THE MAKING OF A 3 REPORT OR WHO PROVIDES TESTIMONY IN ANY ADMINISTRATIVE OR 4 JUDICIAL PROCEEDING ARISING OUT OF A REPORT SHALL BE IMMUNE FROM 5 ANY CIVIL OR CRIMINAL LIABILITY ON ACCOUNT OF THE REPORT OR 6 TESTIMONY UNLESS THE PERSON ACTED IN BAD FAITH OR WITH MALICIOUS 7 PURPOSE. THIS IMMUNITY SHALL NOT EXTEND TO LIABILITY FOR ACTS OF 8 ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT, EVEN IF SUCH ACTS 9 ARE THE SUBJECT OF THE REPORT OR TESTIMONY. 10 Section 303. Investigations of reports of need for protective 11 services. 12 (a) Investigation.--It shall be the agency's responsibility 13 to provide for an investigation of each report made under 14 section 302. The investigation shall be initiated within 72 15 hours after the receipt of the report and shall be carried out 16 under regulations issued by the department. These regulations 17 shall provide for the methods of conducting investigations under 18 this section and shall assure that steps are taken to avoid any 19 conflict of interest between the investigator and service 20 delivery functions. Reports and investigations under this 21 section shall comply with chapter 7, where applicable. 22 * * * 23 Section 304. Provision of services; access to records and 24 persons. 25 * * * 26 (e) Access to persons.--The agency shall have access to 27 older persons who have been reported to be in need of protective 28 services in order to: 29 (1) Investigate reports under section 303 and chapter 7. 30 (2) Assess client need and develop a service plan for 19970H0132B1589 - 4 -
1 addressing needs determined. 2 (3) Provide for the delivery of services by the agency 3 or other service provider arranged for under the service plan 4 developed by the agency. 5 * * * 6 Section 503. Grounds for denying employment. 7 (a) General rule.--In no case shall a facility hire an 8 applicant or retain an employee required to submit information 9 pursuant to section 502(a) if the applicant's or employee's 10 criminal history record information indicates the applicant or 11 employee has been convicted [under one or more provisions of 18 12 Pa.C.S. (relating to crimes and offenses):] of any of the 13 following offenses: 14 [Section 2502(a) or (b) (relating to murder). 15 Section 3121 (relating to rape). 16 Section 3122.1 (relating to statutory sexual assault). 17 Section 3123 (relating to involuntary deviate sexual 18 intercourse). 19 Section 3124.1 (relating to sexual assault). 20 Section 3125 (relating to aggravated indecent assault). 21 Section 3126 (relating to indecent assault). 22 Section 4302 (relating to incest). 23 Section 6312 (relating to sexual abuse of children). 24 (b) Other offenses.--In no case may a facility hire an 25 applicant or retain an employee required to submit information 26 pursuant to section 502(a) if the applicant's or employee's 27 criminal history record information indicates the applicant or 28 employee has been convicted within ten years immediately 29 preceding the date of the report of one or more of the following 30 offenses: 19970H0132B1589 - 5 -
1 (1) An offense designated as a felony under the act of
2 April 14, 1972 (P.L.233, No.64), known as The Controlled
3 Substance, Drug, Device and Cosmetic Act.
4 (2) An offense under one or more of the following
5 provisions of 18 Pa.C.S.:
6 Chapter 25 (relating to criminal homicide) except for
7 section 2502(a) and (b).
8 Section 2702 (relating to aggravated assault).
9 Section 2901 (relating to kidnapping).
10 Section 2902 (relating to unlawful restraint).
11 Section 3301 (relating to arson and related
12 offenses).
13 Section 3502 (relating to burglary).
14 Section 3701 (relating to robbery).
15 A felony offense under Chapter 39 (relating to theft
16 and related offenses), or two or more misdemeanors under
17 Chapter 39.
18 Section 4101 (relating to forgery).
19 Section 4304 (relating to endangering welfare of
20 children).
21 Section 4305 (relating to dealing in infant
22 children).
23 Section 4953 (relating to retaliation against witness
24 or victim).
25 A felony offense under section 5902(b) (relating to
26 prostitution and related offenses).
27 Section 5903(c) or (d) (relating to obscene and other
28 sexual materials and performances).
29 Section 6301 (relating to corruption of minors).]
30 (1) An offense designated as a felony under the act of
19970H0132B1589 - 6 -
1 April 14, 1972 (P.L.233, No.64), known as The Controlled 2 Substance, Drug, Device and Cosmetic Act. 3 (2) An offense under one or more of the following 4 provisions of 18 Pa.C.S. (relating to crimes and offenses): 5 Chapter 25 (relating to criminal homicide). 6 Section 2702 (relating to aggravated assault). 7 Section 2901 (relating to kidnapping). 8 Section 2902 (relating to unlawful restraint). 9 Section 3121 (relating to rape). 10 Section 3122.1 (relating to statutory sexual 11 assault). 12 Section 3123 (relating to involuntary deviate sexual 13 intercourse). 14 SECTION 3124.1 (RELATING TO SEXUAL ASSAULT). <-- 15 Section 3125 (relating to aggravated indecent 16 assault). 17 Section 3126 (relating to indecent assault). 18 Section 3127 (relating to indecent exposure). 19 Section 3301 (relating to arson and related 20 offenses). 21 Section 3502 (relating to burglary). 22 Section 3701 (relating to robbery). 23 A felony offense under Chapter 39 (relating to theft 24 and related offenses) or two or more misdemeanors under 25 Chapter 39. 26 Section 4101 (relating to forgery). 27 Section 4114 (relating to securing execution of 28 documents by deception). 29 SECTION 4302 (RELATING TO INCEST). <-- 30 Section 4303 (relating to concealing death of child). 19970H0132B1589 - 7 -
1 Section 4304 (relating to endangering welfare of 2 children). 3 Section 4305 (relating to dealing in infant 4 children). 5 Section 4952 (relating to intimidation of witnesses 6 or victims). 7 Section 4953 (relating to retaliation against witness 8 or victim). 9 A felony offense under section 5902(b) (relating to 10 prostitution and related offenses). 11 Section 5903(c) or (d) (relating to obscene and other 12 sexual materials and performances). 13 Section 6301 (relating to corruption of minors). 14 Section 6312 (relating to sexual abuse of children). 15 (3) A Federal or out-of-State offense similar in nature 16 to those crimes listed in paragraphs (1) and (2). 17 (c) Immunity.--An administrator or a facility shall not be 18 held civilly liable for any action directly related to good 19 faith compliance with this section. 20 SECTION 508. APPLICABILITY. <-- 21 THIS CHAPTER SHALL APPLY AS FOLLOWS: 22 (1) AN INDIVIDUAL WHO, ON THE EFFECTIVE DATE OF THIS 23 CHAPTER, HAS CONTINUOUSLY FOR A PERIOD OF [TWO YEARS] ONE 24 YEAR BEEN AN EMPLOYEE OF THE SAME FACILITY SHALL BE EXEMPT 25 FROM SECTION 502 AS A CONDITION OF CONTINUED EMPLOYMENT. 26 (2) IF AN EMPLOYEE IS NOT EXEMPT UNDER PARAGRAPH (1), 27 THE EMPLOYEE AND THE FACILITY SHALL COMPLY WITH SECTION 502 28 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS CHAPTER. 29 (3) IF AN EMPLOYEE WHO IS EXEMPT UNDER PARAGRAPH (1) 30 SEEKS EMPLOYMENT WITH A DIFFERENT FACILITY, THE EMPLOYEE AND 19970H0132B1589 - 8 -
1 THE FACILITY SHALL COMPLY WITH SECTION 502. 2 (4) AN EMPLOYEE WHO HAS OBTAINED THE INFORMATION 3 REQUIRED UNDER SECTION 502 MAY TRANSFER TO ANOTHER FACILITY 4 ESTABLISHED AND SUPERVISED BY THE SAME OWNER AND IS NOT 5 REQUIRED TO OBTAIN ADDITIONAL REPORTS BEFORE MAKING THE 6 TRANSFER. 7 Section 3. The act is amended by adding a chapter to read: 8 CHAPTER 7 9 REPORTING SUSPECTED ABUSE BY EMPLOYEES 10 Section 701. Reporting by employees. 11 (a) Mandatory reporting to agency.-- 12 (1) An employee or an administrator who has reasonable 13 cause to suspect that a recipient is a victim of abuse shall 14 immediately make an oral report to the agency. If applicable, 15 the agency shall advise the employee or administrator of 16 additional reporting requirements that may pertain under 17 subsection (b). An employee shall notify the administrator 18 immediately following the report to the agency. 19 (2) Within 48 hours of making the oral report, the 20 employee or administrator shall make a written report to the 21 agency. The agency shall notify the administrator that a 22 report of abuse has been made with the agency. 23 (3) The employee may request the administrator to make, 24 or to assist the employee to make, the oral and written 25 reports required by this subsection. 26 (b) Mandatory reports to law enforcement officials.-- 27 (1) An employee or an administrator who has reasonable 28 cause to suspect that a recipient is the victim of sexual 29 abuse, SERIOUS PHYSICAL INJURY or serious bodily injury or <-- 30 that a death is suspicious shall, in addition to contacting 19970H0132B1589 - 9 -
1 the agency AND THE DEPARTMENT, immediately contact law <-- 2 enforcement officials to make an oral report. An employee 3 shall notify the administrator immediately following the 4 report to law enforcement officials. 5 (2) Within 48 hours of making the oral report, the 6 employee and an administrator shall make a written report to 7 appropriate law enforcement officials. 8 (3) The law enforcement officials shall notify the 9 administrator that a report has been made with the law 10 enforcement officials. 11 (4) The employee may request the administrator to make, 12 or to assist the employee to make, the oral and written 13 reports to law enforcement required by this subsection. 14 (c) Contents of report.--A written report under this section 15 shall be in a manner and on forms prescribed by the department. 16 The report shall include, at a minimum, the following 17 information: 18 (1) Name, age and address of the recipient. 19 (2) Name and address of the recipient's guardian or next 20 of kin. 21 (3) Name and address of the facility. 22 (4) Nature of the alleged offense. 23 (5) Any specific comments or observations that are 24 directly related to the alleged incident and the individual 25 involved. 26 Section 702. Reports to department and coroner. 27 (a) Department.-- 28 (1) Within 48 hours of receipt of a written report under 29 section 701(a) involving sexual abuse, SERIOUS PHYSICAL <-- 30 INJURY, serious bodily injury or suspicious death, the agency 19970H0132B1589 - 10 -
1 shall transmit a written report to the department. 2 Supplemental reports shall be transmitted as they are 3 obtained by the agency. 4 (2) A report under this subsection shall be made in a 5 manner and on forms prescribed by the department. The report 6 shall include, at a minimum, the following information: 7 (i) The name and address of the alleged victim. 8 (ii) Where the suspected abuse occurred. 9 (iii) The age and sex of the alleged perpetrator and 10 victim. 11 (iv) The nature and extent of the suspected abuse, 12 including any evidence of prior abuse. 13 (v) The name and relationship of the individual 14 responsible for causing the alleged abuse to the victim, 15 if known, and any evidence of prior abuse by that 16 individual. 17 (vi) The source of the report. 18 (vii) The individual making the report and where 19 that individual can be reached. 20 (viii) The actions taken by the reporting source, 21 including taking of photographs and x-rays, removal of 22 recipient and notification under subsection (b). 23 (ix) Any other information which the department may 24 require by regulation. 25 (b) Coroner.--For a report under section 701(a) which 26 concerns the death of a recipient, if there is reasonable cause 27 to suspect that the recipient died as a result of abuse, the 28 agency shall give the oral report and forward a copy of the 29 written report to the appropriate coroner within 24 hours. 30 Section 703. Investigation. 19970H0132B1589 - 11 -
1 (a) Law enforcement officials.--Upon receipt of a report 2 under section 701(b), law enforcement officials shall conduct an 3 investigation to determine what criminal charges, if any, will 4 be filed. 5 (b) Notification.--If law enforcement officials have 6 reasonable cause to suspect that a recipient has suffered sexual 7 abuse, SERIOUS PHYSICAL INJURY, serious bodily injury or a <-- 8 suspicious death, law enforcement officials shall notify the 9 agency. 10 (c) Cooperation.--To the fullest extent possible, law 11 enforcement officials, the facility and the agency shall 12 coordinate their respective investigations. Law enforcement 13 officials, the facility and the agency shall advise each other 14 and provide any applicable additional information on an ongoing 15 basis. 16 (d) Further notification.--Law enforcement officials shall 17 notify the agency and the facility of a decision regarding 18 criminal charges. The agency and the department shall keep a 19 record of any decision regarding criminal charges. 20 (e) Compliance with Chapter 3.--In addition to the 21 provisions of this section, the agency shall comply with Chapter 22 3. 23 Section 704. Restrictions on employees. 24 (a) Plan of supervision.--Upon notification that an employee 25 is alleged to have committed abuse, the facility shall 26 immediately implement a plan of supervision or, where 27 appropriate, suspension of the employee, subject to approval by 28 the agency and by the Commonwealth agency with regulatory 29 authority over the facility. A plan of supervision for a home 30 health care agency must include periodic random direct 19970H0132B1589 - 12 -
1 inspections of care-dependent individuals by a facility employee 2 who has been continuously employed by that facility for a period 3 of at least one year. 4 (b) Prohibition.--Upon the filing of criminal charges 5 against an employee, the Commonwealth agency which licenses the 6 facility shall order the facility to immediately prohibit that 7 employee from having access to recipients at the facility. If 8 that employee is a director, operator, administrator or 9 supervisor, that employee shall be subject to restrictions 10 deemed appropriate by the Commonwealth agency which licenses the 11 facility to assure the safety of recipients of the facility. 12 Section 705. Confidentiality of and access to confidential 13 reports. 14 (a) General rule.--Except as provided in subsection (b), a 15 report under this chapter shall be confidential. 16 (b) Exceptions.--A report under this chapter shall be made 17 available to all of the following: 18 (1) An employee of the department or of an agency in the 19 course of official duties in connection with responsibilities 20 under this chapter. 21 (2) An employee of the Department of Health or the 22 Department of Public Welfare in the course of official 23 duties. 24 (3) An employee of an agency of another state which 25 performs protective services similar to those under this 26 chapter. 27 (4) A practitioner of the healing arts who is examining 28 or treating a recipient and who suspects that the recipient 29 is in need of protection under this chapter. 30 (5) The director, or an individual specifically 19970H0132B1589 - 13 -
1 designated in writing by the director, of any hospital or 2 other medical institution where a victim is being treated if 3 the director or designee suspects that the recipient is in 4 need of protection under this chapter. 5 (6) A guardian of the recipient. 6 (7) A court of competent jurisdiction pursuant to a 7 court order. 8 (8) The Attorney General. 9 (9) Law enforcement officials of any jurisdiction as 10 long as the information is relevant in the course of 11 investigating cases of abuse. 12 (10) A mandated reporter under Chapter 3 who made a 13 report of suspected abuse. Information released under this 14 paragraph shall be limited to the following: 15 (i) The final status of the report following the 16 investigation. 17 (ii) Services provided or to be provided by the 18 agency. 19 (c) Excision of certain names.--The name of the person 20 suspected of committing the abuse shall be excised from a report 21 made available under subsection (b)(4), (5) and (10). 22 (d) Release of information to alleged perpetrator and 23 victim.--Upon written request, an alleged perpetrator and victim 24 may receive a copy of all information, except that prohibited 25 from being disclosed by subsection (e). 26 (e) Protecting identity of person making report.--Except for 27 reports to law enforcement officials, the release of data that 28 would identify the individual who made a report under this 29 chapter or an individual who cooperated in a subsequent 30 investigation is prohibited. Law enforcement officials shall 19970H0132B1589 - 14 -
1 treat all reporting sources as confidential information. 2 Section 706. Penalties. 3 (a) Administrative.-- 4 (1) An administrator who intentionally or willfully 5 fails to comply or obstructs compliance with the provisions 6 of this chapter or who intimidates or commits a retaliatory 7 act against an employee who complies in good faith with the 8 provisions of this chapter commits a violation of this 9 chapter and shall be subject to an administrative penalty 10 under paragraph (3). 11 (2) A facility owner that intentionally or willfully 12 fails to comply with or obstructs compliance with this 13 chapter or that intimidates or commits a retaliatory act 14 against an employee who complies in good faith with this 15 chapter commits a violation of this chapter and shall be 16 subject to an administrative penalty under paragraph (3). 17 (3) The Commonwealth agency or Commonwealth agencies 18 which regulate the facility have jurisdiction to determine 19 violations of this chapter and may issue an order assessing a 20 civil penalty of not more than $2,500. An order under this 21 paragraph is subject to 2 Pa.C.S. Ch. 5, Subch. A (relating 22 to practice and procedure of Commonwealth agencies) and Ch. 23 7, Subch. A (relating to judicial review of Commonwealth 24 agency action). 25 (b) Criminal.-- 26 (1) An administrator who intentionally or willfully 27 fails to comply, or obstructs compliance, with this chapter 28 commits a misdemeanor of the third degree and shall, upon 29 conviction, be sentenced to pay a fine of $2,500 or to 30 imprisonment for not more than one year, or both. 19970H0132B1589 - 15 -
1 (2) A facility owner that intentionally or willfully 2 fails to comply with, or obstructs compliance with, this 3 chapter, commits a misdemeanor of the third degree and shall, 4 upon conviction, be sentenced to pay a fine of $2,500 or to 5 imprisonment for not more than one year, or both. 6 (c) Penalties for failure to report.--A person required 7 under this chapter to report a case of suspected abuse who 8 willfully fails to do so commits a summary offense for the first 9 violation and a misdemeanor of the third degree for a second or 10 subsequent violation. 11 SECTION 707. IMMUNITY. <-- 12 AN ADMINISTRATOR OR A FACILITY SHALL NOT BE HELD CIVILLY 13 LIABLE FOR ANY ACTION DIRECTLY RELATED TO GOOD FAITH COMPLIANCE 14 WITH THIS CHAPTER. 15 Section 707 708. Regulations. <-- 16 The Department of Aging, the Department of Health and the 17 Department of Public Welfare shall promulgate the regulations 18 necessary to carry out this chapter. 19 Section 4. This act shall take effect in 180 days. A10L35DGS/19970H0132B1589 - 16 -