PRINTER'S NO. 244
No. 247 Session of 1999
INTRODUCED BY ORIE, BELARDI, COY, READSHAW, STURLA, BARD, E. Z. TAYLOR, PRESTON, BELFANTI, MICOZZIE, DeLUCA, YOUNGBLOOD, HARHART, SAYLOR, FICHTER, FARGO, TRELLO, RAMOS, GIGLIOTTI, McCALL, M. COHEN, J. TAYLOR, GLADECK, HARHAI, BROWNE, BUNT AND CIVERA, FEBRUARY 2, 1999
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 1999
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, providing for the offense of failing 3 to report elderly abuse. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 18 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 5106.1. Failure to report elderly abuse. 9 (a) Offense defined.--Any physician or medical personnel who 10 has knowledge of or observes within his scope of employment an 11 elderly person whom he knows or reasonably suspects is suffering 12 from an injury and who does not report the injury as required by 13 this section commits a summary offense. 14 (b) Reporting requirement.--The physician or medical 15 personnel shall report the injury to the municipal police 16 department in the municipality in which the injury occurred or 17 the Pennsylvania State Police if there is no municipal police
1 department for use in any criminal proceeding that may result 2 from the injury. The report shall be given orally or in writing 3 and shall be sent to the municipal police department or the 4 Pennsylvania State Police, as the case may be, within two 5 working days of receiving information about or observation of 6 the injury. 7 (c) Contents of reports.--The report required by subsection 8 (b) shall include, but not be limited to, the following: 9 (1) The name of the elderly person, if known. 10 (2) The elderly person's whereabouts. 11 (3) The character and extent of the elderly person's 12 injuries, together with a map of the elderly person's body, 13 if available, that shows and identifies the location of the 14 injury at the time of treatment or observation. 15 (4) The identity of any individual that the elderly 16 person alleges to have inflicted the injury. 17 (d) Reporting unaffected by death of elderly person.--The 18 physician or medical personnel required to report an injury 19 under this section shall report the injury regardless of 20 whether: 21 (1) the elderly person dies; 22 (2) the injury was a contributing factor to the death of 23 the elderly person; or 24 (3) the evidence of the conduct that caused the injury 25 is discovered during an autopsy of the elderly person. 26 (e) Joint and individual reporting.-- 27 (1) If two or more physicians or medical personnel know 28 or reasonably believe that an elderly person is suffering 29 from an injury, one of them may submit a single report under 30 subsection (b) on behalf of all of them, provided that the 19990H0247B0244 - 2 -
1 single report identifies all of the physicians and personnel. 2 (2) Any physician or medical personnel who knows that a 3 single report has not been submitted regarding an injury that 4 is known or reasonably suspected by more than one physician 5 or medical personnel shall report the injury individually. 6 (f) Interference with reporting.--Any person who impedes, 7 prohibits or in any manner interferes with the reporting of an 8 injury by a physician or medical personnel under this section 9 commits a summary offense. 10 (g) Immunity granted.--No physician or medical personnel 11 shall be subject to civil or criminal liability by reason of 12 making a report required by this section. 13 (h) Physician-patient privilege unavailable.--In any 14 judicial proceeding resulting from a report pursuant to this 15 section, the physician-patient privilege shall not apply with 16 respect to evidence regarding the injury or the cause of the 17 injury. 18 (i) Confidentiality of reports.--The information reported to 19 and maintained by a municipal police department or the 20 Pennsylvania State Police under this section shall be 21 confidential and shall not be disclosed to any person except: 22 (1) the elderly person; 23 (2) any person authorized by the elderly person; 24 (3) a prosecutor, if the elderly person dies and there 25 is a criminal prosecution regarding the injury; or 26 (4) upon a court order. 27 (j) Internal operating procedures.-- 28 (1) An employer may adopt internal operating procedures 29 to facilitate reporting under this section and may apprise 30 supervisors and administrators of reports that have been 19990H0247B0244 - 3 -
1 submitted, provided that the procedures may not be 2 inconsistent with this section. 3 (2) No employer may adopt an internal operating 4 procedure that requires a physician or medical personnel 5 required to report under this section to identify himself to 6 the employer. 7 (k) Definitions.--As used in this section, the following 8 words and phrases shall have the meanings given to them in this 9 subsection: 10 "Elderly person." Any person 60 years of age or older. 11 "Injury." Any wound, other physical injury or assaultive or 12 abusive conduct. The term includes any act which results in the 13 impairment of a physical condition or in substantial pain. The 14 term does not include any psychological or physical condition 15 brought about solely through the voluntary administration of a 16 narcotic or restricted dangerous drug. 17 "Medical facility." Any public or private hospital, clinic, 18 center, medical school, medical training institution, health 19 care facility, physician's office, infirmary, dispensary, 20 ambulatory surgical treatment center or other institution or 21 location wherein medical care is provided to any elderly person. 22 "Medical personnel." Any nurse, nurse aide, medical school 23 student, professional or any other person who furnishes or 24 assists in the furnishing of medical care. 25 "Physician." Any person licensed to practice medicine in 26 this Commonwealth. The term includes medical doctors and doctors 27 of osteopathy. 28 Section 2. This act shall take effect in 60 days. L10L18SFL/19990H0247B0244 - 4 -