PRINTER'S NO. 248
No. 241 Session of 2003
INTRODUCED BY ORIE, LAVALLE, MUSTO, LOGAN, RAFFERTY, KITCHEN,
BOSCOLA, STOUT AND C. WILLIAMS, FEBRUARY 7, 2003
REFERRED TO AGING AND YOUTH, FEBRUARY 7, 2003
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
18 department for use in any criminal proceeding that may result
1 from the injury. The report shall be given orally or in writing
2 and shall be sent to the municipal police department or the
3 Pennsylvania State Police, as the case may be, within two
4 working days of receiving information about or observation of
5 the injury.
6 (c) Contents of reports.--The report required by subsection
7 (b) shall include, but not be limited to, the following:
8 (1) The name of the elderly person, if known.
9 (2) The elderly person's whereabouts.
10 (3) The character and extent of the elderly person's
11 injuries, together with a map of the elderly person's body,
12 if available, that shows and identifies the location of the
13 injury at the time of treatment or observation.
14 (4) The identity of any individual that the elderly
15 person alleges to have inflicted the injury.
16 (d) Reporting unaffected by death of elderly person.--The
17 physician or medical personnel required to report an injury
18 under this section shall report the injury regardless of
19 whether:
20 (1) the elderly person dies;
21 (2) the injury was a contributing factor to the death of
22 the elderly person; or
23 (3) the evidence of the conduct that caused the injury
24 is discovered during an autopsy of the elderly person.
25 (e) Joint and individual reporting.--
26 (1) If two or more physicians or medical personnel know
27 or reasonably believe that an elderly person is suffering
28 from an injury, one of them may submit a single report under
29 subsection (b) on behalf of all of them, provided that the
30 single report identifies all of the physicians and personnel.
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1 (2) Any physician or medical personnel who knows that a
2 single report has not been submitted regarding an injury that
3 is known or reasonably suspected by more than one physician
4 or medical personnel shall report the injury individually.
5 (f) Interference with reporting.--Any person who impedes,
6 prohibits or in any manner interferes with the reporting of an
7 injury by a physician or medical personnel under this section
8 commits a summary offense.
9 (g) Immunity granted.--No physician or medical personnel
10 shall be subject to civil or criminal liability by reason of
11 making a report required by this section.
12 (h) Physician-patient privilege unavailable.--In any
13 judicial proceeding resulting from a report pursuant to this
14 section, the physician-patient privilege shall not apply with
15 respect to evidence regarding the injury or the cause of the
16 injury.
17 (i) Confidentiality of reports.--The information reported to
18 and maintained by a municipal police department or the
19 Pennsylvania State Police under this section shall be
20 confidential and shall not be disclosed to any person except:
21 (1) the elderly person;
22 (2) any person authorized by the elderly person;
23 (3) a prosecutor, if the elderly person dies and there
24 is a criminal prosecution regarding the injury; or
25 (4) upon a court order.
26 (j) Internal operating procedures.--
27 (1) An employer may adopt internal operating procedures
28 to facilitate reporting under this section and may apprise
29 supervisors and administrators of reports that have been
30 submitted, provided that the procedures may not be
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1 inconsistent with this section.
2 (2) No employer may adopt an internal operating
3 procedure that requires a physician or medical personnel
4 required to report under this section to identify himself to
5 the employer.
6 (k) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection:
9 "Elderly person." A person 60 years of age or older.
10 "Injury." A wound, other physical injury or assaultive or
11 abusive conduct. The term includes an act which results in the
12 impairment of a physical condition or in substantial pain. The
13 term does not include a psychological or physical condition
14 brought about solely through the voluntary administration of a
15 narcotic or restricted dangerous drug.
16 "Medical facility." A public or private hospital, clinic,
17 center, medical school, medical training institution, health
18 care facility, physician's office, infirmary, dispensary,
19 ambulatory surgical treatment center or other institution or
20 location wherein medical care is provided to any elderly person.
21 "Medical personnel." A nurse, nurse aide, medical school
22 student, professional or any other person who furnishes or
23 assists in the furnishing of medical care.
24 "Physician." A person licensed to practice medicine in this
25 Commonwealth. The term includes a medical doctor and doctor of
26 osteopathy.
27 Section 2. This act shall take effect in 60 days.
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