PRINTER'S NO. 1449
No. 1106 Session of 2007
INTRODUCED BY ORIE, MELLOW, FONTANA, WOZNIAK, RAFFERTY, LAVALLE,
BROWNE, C. WILLIAMS, BOSCOLA AND REGOLA, OCTOBER 15, 2007
REFERRED TO AGING AND YOUTH, OCTOBER 15, 2007
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; and
7 making repeals," further providing for definitions and for
8 reports by employees.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definition of "neglect" in section 103 of the
12 act of November 6, 1987 (P.L.381, No.79), known as the Older
13 Adults Protective Services Act, amended December 18, 1996
14 (P.L.1125, No.169), is amended and the section is amended by
15 adding a definition to read:
16 Section 103. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 * * *
21 "Neglect." The [failure to provide for oneself or the]
1 failure of a caretaker to provide goods or services essential to
2 avoid a clear and serious threat to physical or mental health.
3 No older adult who does not consent to the provision of
4 protective services shall be found to be neglected solely on the
5 grounds of environmental factors which are beyond the control of
6 the older adult or the caretaker, such as inadequate housing,
7 furnishings, income, clothing or medical care.
8 * * *
9 "Self-neglect." The failure to provide for oneself so as to
10 avoid a serious threat to one's own physical or mental health.
11 * * *
12 Section 2. Section 701(a) of the act, added June 9, 1997
13 (P.L.160, No.13), is amended to read:
14 Section 701. Reporting by employees.
15 (a) Mandatory reporting to agency.--
16 (1) An employee or an administrator who has reasonable
17 cause to suspect that a recipient is a victim of abuse,
18 neglect or self-neglect shall immediately make an oral report
19 to the agency. If applicable, the agency shall advise the
20 employee or administrator of additional reporting
21 requirements that may pertain under subsection (b). An
22 employee shall notify the administrator immediately following
23 the report to the agency.
24 (2) Within 48 hours of making the oral report, the
25 employee or administrator shall make a written report to the
26 agency. The agency shall notify the administrator that a
27 report of abuse has been made with the agency.
28 (3) The employee may request the administrator to make
29 or to assist the employee to make the oral and written
30 reports required by this subsection.
20070S1106B1449 - 2 -
1 * * *
2 Section 3. This act shall take effect in 60 days.
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