AB 575: Elder and dependent adult abuse: mandated reporters: substance use disorder counselors.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-10-02
Under existing law, any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, is a mandated reporter. Under existing law, any mandated reporter who has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced these behaviors, is required to report the abuse immediately or as soon as practicably possible. The failure to report on the part of a mandated reporter is a crime.
Under existing law, mandated reporters include administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency.
This bill would, for purposes of the above-mandated reporter law, include within the definition of health practitioner a substance use disorder counselor, as defined, thereby making a substance use disorder counselor a mandated reporter. Because a failure on the part of a substance use disorder counselor to make a mandated report would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, is a mandated reporter. Under existing law, any mandated reporter who has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced these behaviors, is required to report the abuse immediately or as soon as practicably possible. The failure to report on the part of a mandated reporter is a crime.
Under existing law, mandated reporters include administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency.
This bill would, for purposes of the above-mandated reporter law, include within the definition of health practitioner a substance use disorder counselor, as defined, thereby making a substance use disorder counselor a mandated reporter. Because a failure on the part of a substance use disorder counselor to make a mandated report would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, is a mandated reporter. Under existing law, any mandated reporter who has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced these behaviors, is required to report the abuse immediately or as soon as practicably possible. The failure to report on the part of a mandated reporter is a crime.
Under existing law, mandated reporters include administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency.
This bill would, for purposes of the above-mandated reporter law, include within the definition of health practitioner a substance use disorder counselor, as defined, thereby making a substance use disorder counselor a mandated reporter. Because a failure on the part of a substance use disorder counselor to make a mandated report would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, is a mandated reporter. Under existing law, any mandated reporter who has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced these behaviors, is required to report the abuse immediately or as soon as practicably possible. The failure to report on the part of a mandated reporter is a crime.
Under existing law, mandated reporters include administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency.
This bill would, for purposes of the above-mandated reporter law, include within the definition of health practitioner a substance use disorder counselor, as defined, thereby making a substance use disorder counselor a mandated reporter. Because a failure on the part of a substance use disorder counselor to make a mandated report would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, is a mandated reporter. Under existing law, any mandated reporter who has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced these behaviors, is required to report the abuse immediately or as soon as practicably possible. The failure to report on the part of a mandated reporter is a crime.
Under existing law, mandated reporters include administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency.
This bill would, for purposes of the above-mandated reporter law, include within the definition of health practitioner a substance use disorder counselor, as defined, thereby making a substance use disorder counselor a mandated reporter. Because a failure on the part of a substance use disorder counselor to make a mandated report would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Health practitioner means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, an unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code, a clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, a clinical counselor intern registered under Section 4999.42 of the Business and Professions Code, a state or county public health or social service employee who treats an elder or a dependent adult for any condition, a coroner, or a substance use disorder counselor. As used in this section, a substance use disorder counselor is a person providing counseling services in an alcoholism or drug abuse recovery and treatment program licensed, certified, or funded under Part 2 (commencing with Section 11760) of Division 10.5 of the Health and Safety Code.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Health practitioner means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, an unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code, a clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, a clinical counselor intern registered under Section 4999.42 of the Business and Professions Code, a state or county public health or social service employee who treats an elder or a dependent adult for any condition, a coroner, or a substance use disorder counselor. As used in this section, a substance use disorder counselor is a person providing counseling services in an alcoholism or drug abuse recovery and treatment program licensed, certified, or funded under Part 2 (commencing with Section 11760) of Division 10.5 of the Health and Safety Code.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Health practitioner means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, an unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code, a clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, a clinical counselor intern registered under Section 4999.42 of the Business and Professions Code, a state or county public health or social service employee who treats an elder or a dependent adult for any condition, a coroner, or a substance use disorder counselor. As used in this section, a substance use disorder counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. counseling services in an alcoholism or drug abuse recovery and treatment program licensed, certified, or funded under Part 2 (commencing with Section 11760) of Division 10.5 of the Health and Safety Code.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Health practitioner means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, an unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code, a clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, a clinical counselor intern registered under Section 4999.42 of the Business and Professions Code, a state or county public health or social service employee who treats an elder or a dependent adult for any condition, a coroner, or a substance use disorder counselor. As used in this section, a substance use disorder counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Health practitioner means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, an unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code, a clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, a clinical counselor intern registered under Section 4999.42 of the Business and Professions Code, a state or county public health or social service employee who treats an elder or a dependent adult for any condition, or a coroner. a coroner, or a substance use disorder counselor. As used in this section, a substance use disorder counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
|
Status
|
|---|---|
| Oct 2, 2017 | Chaptered by Secretary of State - Chapter 407, Statutes of 2017. |
| Oct 2, 2017 | Approved by the Governor. |
| Sep 13, 2017 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 7, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 5, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77. |
| Sep 5, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Aug 29, 2017 | Read second time. Ordered to third reading. |
| Aug 28, 2017 | Action rescinded whereby the bill was read third time, passed, and to Assembly. |
| Jul 18, 2017 | In Senate. Held at Desk. |
| Jul 17, 2017 | Withdrawn from Engrossing and Enrolling. |
| Jul 13, 2017 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jul 13, 2017 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2022.). |
| Jul 11, 2017 | Read second time. Ordered to Consent Calendar. |
| Jul 10, 2017 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jun 20, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on APPR. |
| May 24, 2017 | Referred to Com. on PUB. S. |
| May 11, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 11, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1488.) |
| May 4, 2017 | Read second time. Ordered to Consent Calendar. |
| May 3, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3). |
| Apr 18, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Apr 5, 2017 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 4). Re-referred to Com. on JUD. |
| Feb 27, 2017 | Referred to Coms. on HEALTH and JUD. |
| Feb 15, 2017 | From printer. May be heard in committee March 17. |
| Feb 14, 2017 | Read first time. To print. |
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Date
|
Description
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Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 7, 2017 | AB 575 JONES-SAWYER Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 5, 2017 | Assembly 3rd Reading AB575 Jones-Sawyer By Beall | Senate Floor |
Passed |
|
| Jul 13, 2017 | Consent Calendar 2nd AB575 | Senate Floor |
Passed |
|
| Jun 20, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| May 11, 2017 | AB 575 JONES-SAWYER Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 3, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
|
| Apr 4, 2017 | Do pass and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar | Assembly Standing Committee on Health |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
|
Position
|
Date
|
|---|---|---|
| Breining Institute | ** Support | Aug 29, 2017 |
| California Association for Alcohol and Drug Educators | ** Support | Aug 29, 2017 |
| California Commission on Aging | ** Support | Apr 14, 2017 |
| California District Attorneys Association | ** Support | Aug 29, 2017 |
| California Retired Teachers Association | ** Support | Aug 29, 2017 |
| California State Sheriffs' Association | ** Support | Aug 29, 2017 |
| college for the advanced study of addictive disorders | ** Support | Aug 29, 2017 |
| Riverside Sheriffs' Association | ** Support | Aug 29, 2017 |
| Several individuals | ** Support | Mar 31, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 575
Author:(Jones-Sawyer)
As Amended Ver:August 28, 2017
Majority vote
ASSEMBLY: | 77-0 | (May 11, 2017) | SENATE: | 40-0 | (September 5, 2017) |
Original Committee Reference: HEALTH
SUMMARY: Expands the definition of health practitioner, for purposes of the mandated elder and dependent adult abuse reporter law, to include substance use disorder counselor. Defines "substance use disorder counselor" as a person providing counseling services in an alcoholism or drug abuse recovery and treatment program, as specified.
The Senate amendments delete the Assembly definition of "substance use disorder counselor" and instead define that term as a person providing counseling services in an alcoholism or drug abuse recovery and treatment program, as specified.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author if a substance use disorder counselor does not report suspected elder abuse or neglect, under the standard of care for this profession, the counselor could be liable for not reporting. However, a counselor that does report is not protected from being sued for violating confidentiality, unless the counselor is a mandated reporter. The author argues that adding addiction counselors to the list of legally mandated reporters offers this profession protection from liability, just as it does other professions.
Analysis Prepared by: John Gilman / HEALTH / (916) 319-2097 FN: 0001504
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 575
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/20/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 7/13/17 (Consent)
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Nielsen
ASSEMBLY FLOOR: 77-0, 5/11/17 (Consent) - See last page for vote
SOURCE: California Association for Alcohol and Drug Educators
DIGEST:
This bill expands the definition of health care practitioner to include a substance abuse disorder counselor for the purposes of being a mandated reporter of elder abuse.
Senate Floor Amendments of 8/28/17 clarify the definition of “substance abuse disorder counselor” to be a person providing “counseling services in an alcoholism or drug abuse recovery and treatment program, licensed, certified or funded under” the Health and Safety Code.
Existing law:
- Provides that any person who as assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not he or she receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency is a mandated reporter. (Welfare and Institutions Code § 15630 (a))
- Provides that any mandated reporter who, in his or her professional capacity, or within the scope of his or employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect or is told by an elder or dependent adult that he or she has experienced behavior including an act or omission constituting physical abuse, abandonment, abduction, isolation, financial abuse, or neglect or reasonably suspects that abuse, shall report the knowns or suspected instance abuse in the manner specified. (Welfare and Institutions Code § 15630 (b))
- Provides that failure by a mandated reporter to report abuse of an elder is a misdemeanor punishable by up to six months in county jail and/ or a fine of up to $1,000 or if death or great bodily injury occurs then up to one year in county jail and/or a fine of up to $5,000. (Welfare and Institutions Code § 15630 (h)
- Defines, for the purposes of a mandated reporter of elder abuse, “health practitioner” as a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, an unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code, a clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, a clinical counselor intern registered under Section 4999.42 of the Business and Professions Code, a state or county public health or social service employee who treats an elder or a dependent adult for any condition, or a coroner. (Welfare and Insitutions Code § 15610.37)
This bill:
- Adds a substance use disorder counselor to the list of mandated reporters of elder abuse.
- Defines substance use disorder counselor as a person providing “counseling services in an alcoholism or drug abuse recovery and treatment program, licensed, certified or funded under” the Health and Safety Code.
Background
Mandated reporters are required to report known or suspected cases of physical or financial abuse of elder or dependent adults. These reporters include any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, or employee of a county adult protective services. Mandated reporters include school teachers or employees, clergy, law enforcement officers, firefighters, and bank employees. Mandated reporters also include a broad range of health care practitioners, including doctors, nurses, psychologists, licensed clinical social workers, marriage and family therapists, and licensed professional clinical counselors.
In order to protect mandated reporters, their identity is kept confidential and a violation of this confidentiality is a misdemeanor. Adult protective services can only reveal the names of reporting parties to other investigative agencies. Supervisors and administrators of mandated reporters are not allowed to impede or prohibit reporting. Mandated reporters are also given immunity from civil or criminal liability as a result of any report of known or suspected abuse they make, unless it can be proven that a false report was made and the person knew that the report was false.
This bill adds substance use disorder counselors to the list of mandated reporters. These counselors are very similar to the group of professionals who are already mandated reporters, such as licensed clinical social workers, marriage and family therapists, and licensed professional clinical counselors.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association for Alcohol and Drug Educators (source)
Breining Institute
California District Attorneys Association
California Retired Teachers Association
California State Sheriffs’ Association
College for the Advanced Study of Addictive Disorders
Riverside Sheriffs’ Association
OPPOSITION: (Verified 8/29/17)
ASSEMBLY FLOOR: 77-0, 5/11/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Dahle, O'Donnell, Patterson
Prepared by: Mary Kennedy / PUB. S. /
8/29/17 15:51:03
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 575
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/20/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/11/17 (Consent) - See last page for vote
SOURCE: California Association for Alcohol and Drug Educators
DIGEST:
This bill expands the definition of health care practitioner to include a substance abuse disorder counselor for the purposes of being a mandated reporter of elder abuse.
Existing law:
- Provides that any person who as assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not he or she receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency is a mandated reporter. (Welfare and Institutions Code § 15630 (a))
- Provides that any mandated reporter who, in his or her professional capacity, or within the scope of his or employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect or is told by an elder or dependent adult that he or she has experienced behavior including an act or omission constituting physical abuse, abandonment, abduction, isolation, financial abuse, or neglect or reasonably suspects that abuse, shall report the knowns or suspected instance abuse in the manner specified. (Welfare and Institutions Code § 15630 (b))
- Provides that failure by a mandated reporter to report abuse of an elder is a misdemeanor punishable by up to six months in county jail and/ or a fine of up to $1,000 or if death or great bodily injury occurs then up to one year in county jail and/or a fine of up to $5,000. (Welfare and Institutions Code § 15630 (h)
- Defines, for the purposes of a mandated reporter of elder abuse, “health practitioner” as a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, an unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code, a clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, a clinical counselor intern registered under Section 4999.42 of the Business and Professions Code, a state or county public health or social service employee who treats an elder or a dependent adult for any condition, or a coroner. (Welfare and Insitutions Code § 15610.37)
This bill:
- Adds a substance use disorder counselor to the list of mandated reporters of elder abuse.
- Defines substance use disorder counselor as a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol or drug and alcohol treatment program.
Background
Mandated reporters are required to report known or suspected cases of physical or financial abuse of elder or dependent adults. These reporters include any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, or employee of a county adult protective services. Mandated reporters include school teachers or employees, clergy, law enforcement officers, firefighters, and bank employees. Mandated reporters also include a broad range of health care practitioners, including doctors, nurses, psychologists, licensed clinical social workers, marriage and family therapists, and licensed professional clinical counselors.
In order to protect mandated reporters, their identity is kept confidential and a violation of this confidentiality is a misdemeanor. Adult protective services can only reveal the names of reporting parties to other investigative agencies. Supervisors and administrators of mandated reporters are not allowed to impede or prohibit reporting. Mandated reporters are also given immunity from civil or criminal liability as a result of any report of known or suspected abuse they make, unless it can be proven that a false report was made and the person knew that the report was false.
This bill adds substance use disorder counselors to the list of mandated reporters. These counselors are very similar to the group of professionals who are already mandated reporters, such as licensed clinical social workers, marriage and family therapists, and licensed professional clinical counselors.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association for Alcohol and Drug Educators (source)
Breining Institute
California District Attorneys Association
California Retired Teachers Association
California State Sheriffs’ Association
College for the Advanced Study of Addictive Disorders
Riverside Sheriffs’ Association
OPPOSITION: (Verified 7/10/17)
None received
ASSEMBLY FLOOR: 77-0, 5/11/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Dahle, O'Donnell, Patterson
7/12/17 15:32:16
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 575 Hearing Date: June 20, 2017
Author: | Jones-Sawyer | ||
Version: | February 14, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Elder and Dependent Adult Abuse: Mandated Reporters: Substance Use Disorder Counselors
HISTORY
Source: California Association for Alcohol and Drug Educators
Prior Legislation: None
Support: California District Attorneys Association; California Retired Teachers Association; California State Sheriffs’ Association; College for the Advanced Study of Addictive Disorders; Riverside Sheriffs’ Association
Opposition: None known
Assembly Floor Vote: 77 - 0
PURPOSE
The purpose of this bill is to expand the definition of health care practitioner to include a substance use disorder counselor for the purposes of being a mandated reporter of elder abuse.
Existing law provides that any person who as assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not he or she receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency is a mandated reporter. (Welfare and Institutions Code § 15630 (a))
Existing law provides that any mandated reporter who, in his or her professional capacity, or within the scope of his or employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect or is told by an elder or dependent adult that he or she has experienced behavior including an act or omission constituting physical abuse, abandonment, abduction, isolation, financial abuse, or neglect or reasonably suspects that abuse, shall report the knowns or suspected instance abuse in the manner specified. (Welfare and Institutions Code § 15630 (b))
Existing law provides that failure by a mandated reporter to report abuse of an elder is a misdemeanor punishable by up to six months in county jail and/ or a fine of up to $1,000 or if death or great bodily injury occurs then up to one year in county jail and/or a fine of up to $5,000. (Welfare and Institutions Code § 15630 (h)
Existing law, for the purposes of a mandated reporter of elder abuse, defines “health practitioner” as a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, an unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code, a clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, a clinical counselor intern registered under Section 4999.42 of the Business and Professions Code, a state or county public health or social service employee who treats an elder or a dependent adult for any condition, or a coroner. (Welfare and Insitutions Code § 15610.37)
This bill adds a substance use disorder counselor to the list of mandated reporters of elder abuse.
This bill defines substance use disorder counselor as a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol or drug and alcohol treatment program.
COMMENTS
1. Need for This bill
According to the author:
Currently addiction counselors are not on the list of legally mandated reporters of elder abuse. This bill would close this reporting mandate gap.
2. Mandated Reporters of Elder Abuse
Mandated reporters are required to report known or suspected cases of physical or financial abuse of elder or dependent adults. These reporters include any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, or employee of a county adult protective services. Mandated reporters include school teachers or employees, clergy, law enforcement officers, firefighters, and bank employees. Mandated reporters also include a broad range of health care practitioners, including doctors, nurses, psychologists, licensed clinical social workers, marriage and family therapists, and licensed professional clinical counselors.
In order to protect mandated reporters, their identity is kept confidential and a violation of this confidentiality is a misdemeanor. APS can only reveal the names of reporting parties to other investigative agencies. Supervisors and administrators of mandated reporters are not allowed to impede or prohibit reporting. Mandated reporters are also given immunity from civil or criminal liability as a result of any report of known or suspected abuse they make, unless it can be proven that a false report was made and the person knew that the report was false.
This bill adds substance use disorder counselors to the list of mandated reporters. These counselors are very similar to the group of professionals who are already mandated reporters, such as licensed clinical social workers, marriage and family therapists, and licensed professional clinical counselors.
-- END –
Date of Hearing: May 3, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 575
Author:(Jones-Sawyer) – As Introduced Ver:February 14, 2017
Policy Committee: | Health | Vote: | 14 - 0 |
Judiciary | 11 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill adds substance use disorder counselors as mandated reporters for elder and dependent adult abuse.
FISCAL EFFECT:
Negligible state fiscal effect.
COMMENTS:
- Purpose. This bill is intended to improve reporting of elder and dependent adult abuse, and to protect substance use disorder counselors from being sued for violating confidentiality if they report suspected abuse.
- Background. Each county has an Adult Protective Services agency that investigates reports of elder and dependent adult abuse. Current law establishes expectations for "mandated reporters" of suspected abuse. These reporters include health practitioners, clergy, and certain local government employees, among others. State law requires mandated reporters to report if they observe or have knowledge of physical abuse or financial abuse or neglect, or if they are told by an elder or dependent adult that he or she has experienced abuse, or if they reasonably suspect abuse. Mandated reporters are provided criminal and civil immunity from liability as a result of their reports, unless they are knowingly making a false report.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
Date of Hearing: April 18, 2017
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
ABPCA Bill Id:AB 575
Author:(Jones-Sawyer) – As Introduced Ver:February 14, 2017
PROPOSED CONSENT
SUBJECT: Elder and dependent adult abuse: mandated reporters: substance use disorder counselors
KEY ISSUE: TO BETTER PROTECT ELDER AND DEPENDENT ADULTS FROM ABUSE, SHOULD SUBSTANCE ABUSE DISORDER COUNSELORS BE ADDED TO THE LIST OF MANDATED REPORTERS WHO MUST REPORT ANY SUCH KNOWN OR SUSPECTED ABUSE?
SYNOPSIS
Each California county has an adult protective services agency to help protect elder adults and dependent adults (adults aged 18-64 who are disabled), when these adults are unable to meet their own needs, or are victims of abuse, neglect, or exploitation. The Elder and Dependent Adult Civil Protection Act (EADACPA) provides for the prevention, reporting, investigation, and prosecution of elder and dependent adult abuse, in part by making certain individuals mandated reporters of known or suspected abuse of these vulnerable Californians. The list of mandated reporters includes school teachers or employees, clergy, law enforcement officers, firefighters, and bank employees. Of particular relevance for this bill, mandated reporters also include a broad range of health care practitioners, including doctors, nurses, psychologists, licensed clinical social workers, marriage and family therapists, and licensed professional clinical counselors. This bill expands the list of mandated reporters to include substance use disorder counselors. The author argues that adding these professionals to the list of mandated reporters is necessary to protect them from confidentiality laws that today could make them liable for reporting such abuse. This bill is sponsored by the California Association of Alcohol and Drug Educators and supported by, among others, the California Commission on Aging, which writes that adding substance abuse counselors to the list of mandated reporters will "further the state's ability to intervene and stop abuse in its tracks." It has no known opposition.
SUMMARY: Makes substance use disorder counselors mandated reporters of elder and dependent adult abuse. Specifically, this bill:
- Expands the definition of health practitioner, for purposes of the mandated elder and dependent adult abuse reporter law, to include substance use disorder counselor.
- Defines “substance use disorder counselor” as a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program.
EXISTING LAW:
- Provides for the prevention, reporting, investigation, and prosecution of elder and dependent adult abuse and the collection of data regarding these cases, including specifically the Elder and Dependent Adult Civil Protection Act (EADACPA). (Welfare and Institutions Code Section 15610.30. Unless stated otherwise, all further statutory references are to that code.)
- Requires any mandated reporter who, within the scope of his or her employment, observes, has knowledge of physical abuse, financial abuse or neglect, or is told by an elder or dependent adult that he or she has experienced abuse, or reasonably suspects abuse, to immediately report the known or suspected abuse. (Section 15630 (b).)
- Defines a mandated reporter as any of the following:
- Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian;
- Health practitioners;
- Clergy members;
- Employees of a county adult protective services agency; and,
- Employees of a local law enforcement agency. (Section 15630 (a).)
- Defines “health practitioner” for purposes of the mandated reporter law to include various health care providers, including all those licensed under the Healing Arts Division of the Business and Professions Code. (Section 15610.37.)
- Makes failure to report by a mandated reporter a crime. (Section 15630 (h).)
- Provides mandated reporters with immunity from civil or criminal liability as a result of any report of known or suspected abuse of an elder or dependent adult unless it can be proven that a false report was made and the person knew that the report was false. (Section 15634 (a).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: Current law makes certain professionals mandated reporters of elder or dependent adult abuse and requires that they timely report any known or suspected abuse to designated agencies or law enforcement. This bill would expand the list of mandated reporters to include substance use disorder counselors.
According to the author if a substance use disorder counselor does not report suspected elder abuse or neglect, under the standard of care for this profession, the counselor could be liable for not reporting. However, a counselor that does report is not protected from being sued for violating confidentiality, unless the counselor is a mandated reporter. The author argues that adding addiction counselors to the list of legally mandated reporters offers this profession protection from liability, just as it does other professions.
Adult Protective Services (APS) Investigates Reports of Elder and Dependent Adult Abuse to Help Protect Vulnerable Californians: Each California county has an APS agency to help elder adults and dependent adults (adults aged 18-64 who are disabled), when these adults are unable to meet their own needs, or are victims of abuse, neglect, or exploitation. County APS agencies investigate reports of abuse of elders and dependent adults who live in private homes, facilities, or hospitals. APS staff also provides information and referral to other agencies and educates the public about reporting requirements and responsibilities under the Elder and Dependent Adult Abuse Reporting laws.
A Broad Range of Professionals and Other Individuals Today are Mandated Reporters, Required to Report Known or Suspected Abuse: Mandated reporters are required to report known or suspected cases of physical or financial abuse of elder or dependent adults. These reporters include any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, or employee of a county adult protective services. Mandated reporters include school teachers or employees, clergy, law enforcement officers, firefighters, and bank employees. Of particular relevance for this bill, mandated reporters also include a broad range of health care practitioners, including doctors, nurses, psychologists, licensed clinical social workers, marriage and family therapists, and licensed professional clinical counselors.
In order to protect mandated reporters, their identity is kept confidential and a violation of this confidentiality is a misdemeanor. APS can only reveal the names of reporting parties to other investigative agencies. Supervisors and administrators of mandated reporters are not allowed to impede or prohibit reporting. Mandated reporters are also given immunity from civil or criminal liability as a result of any report of known or suspected abuse they make, unless it can be proven that a false report was made and the person knew that the report was false.
This Bill Expands the List of Mandated Reporters to Include Addiction Counselors: In an effort to better protect more vulnerable Californians from abuse, this bill adds substance use disorder counselors to the list of mandated reporters. These counselors are very similar to the group of professionals who are already mandated reporters, such as licensed clinical social workers, marriage and family therapists, and licensed professional clinical counselors, and should help better protect elder and dependent adults by targeting professionals who may come in contact with both this very vulnerable population and their possible abusers.
Pending Related Legislation: AB 611 (Dababneh) authorizes a mandated reporter of suspected financial abuse of an elder or dependent adult to not honor any power of attorney if the mandated reporter makes, or has knowledge that any other person has made, a report to an APS or law enforcement agency of any state that the person who executed the power of attorney may be subject to financial abuse. AB 611 has been double referred to the Assembly Aging and Long Term Care and Judiciary Committees.
SB 648 (Mendoza) imposes additional new requirements and prohibitions on referral agencies that refer persons for remuneration to a residential care facility and would expand the list of mandated reporters to include owners, operators, or employees of a referral agency, as specified. SB 648 has been double referred to the Senate Health and Judiciary Committees.
Prior Legislation: AB 2379 (Weber), Chapter 62, Statutes of 2014, adds child welfare services personnel to the list of persons who may be included in multidisciplinary teams that are trained in the prevention, identification, management, or treatment of abuse of elderly or dependent adults.
AB 2337 (Beall), Chapter 456, Statutes of 2008, adds drug and alcohol counselors to the list of mandated reporters for the purpose of the Child Abuse and Neglect Reporting Act, and defines an "alcohol and drug abuse counselor" as a person providing counseling therapy, or other clinical services for a state-licensed or certified drug, alcohol, or drug and alcohol treatment program.
ARGUMENTS IN SUPPORT: In support of the bill, the California Commission on Aging writes:
Adding substance abuse counselors to the list of health practitioners who are mandated reporters makes sense. Substance abuse counselors are in an excellent position to identify and report cases of elder and dependent adult abuse given the many challenges their clients face. Victims of abuse may turn to alcohol and drugs in order to mask the emotional and physical pain of their experience; likewise, perpetrators of abuse struggle with their own demons.
With the increasing incidence of elder and dependent adult abuse on California, adding these important practitioners to the list of mandated reporters will further the state's ability to intervene and stop abuse in its tracks.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Alcohol and Drug Educators (sponsor)
California Commission on Aging
California Retired Teachers Association
California State Sheriffs' Association
Opposition
None on file
Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334
Date of Hearing: April 4, 2017
ASSEMBLY COMMITTEE ON HEALTH
Jim Wood, Chair
ABPCA Bill Id:AB 575
Author:(Jones-Sawyer) – As Introduced Ver:February 14, 2017
SUBJECT: Elder and dependent adult abuse: mandated reporters: substance use disorder counselors.
SUMMARY: Expands the definition of health practitioner, for purposes of the mandated elder and dependent adult abuse reporter (mandated reporter) law, to include substance use disorder counselor. Defines “substance use disorder counselor” as a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program.
EXISTING LAW:
- Establishes the Elder Abuse and Dependent Adult Civil Protection Act in order to do the following:
- Require health practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults and to encourage community members in general to do so;
- Collect information on the numbers of abuse victims, circumstances surrounding the act of abuse, and other data which will aid the state in establishing adequate services to aid all victims of abuse in a timely, compassionate manner; and,
- Provide for protection under the law for all those persons who report suspected cases of abuse, provided that the report is not made with malicious intent.
- Require health practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and dependent adults and to encourage community members in general to do so;
- Provides that any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult is a mandated reporter.
- Requires a mandated reporter who, in his or her professional capacity, or within the scope of his or her employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced such behavior, or reasonably suspects that abuse, to report the known or suspected instance of abuse immediately or as soon as practicably possible. Makes failure to report by a mandated reporter a crime.
- Requires mandated reports to be confidential and permits them to be disclosed in limited specified circumstances. Makes a violation of the confidentiality of these reports a misdemeanor.
- Specifies that mandated reporters include administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency.
- Defines “health practitioner” for purposes of the mandated reporter law to include various health care providers, including all those licensed under the Healing Arts Division of the Business and Professions code.
FISCAL EFFECT: This bill has not yet been analyzed by a fiscal committee.
COMMENTS:
- PURPOSE OF THIS BILL. According to the author if a substance use disorder counselor does not report suspected elder abuse or neglect, under the standard of care for this profession, the counselor could be liable for not reporting. However, a counselor that does report is not protected from being sued for violating confidentiality, unless the counselor is a mandated reporter. The author argues that adding addiction counselors to the list of legally mandated reporters offers this profession protection from liability, just as it does other professions.
- BACKGROUND.
- Adult Protective Services (APS). Each California county has an APS agency to help elder adults and dependent adults aged 18-64 who are disabled, when these adults are unable to meet their own needs, or are victims of abuse, neglect, or exploitation. County APS agencies investigate reports of abuse of elders and dependent adults who live in private homes, apartments, hotels, or hospitals. APS staff also provides information and referral to other agencies and educates the public about reporting requirements and responsibilities under the Elder and Dependent Adult Abuse Reporting laws.
- Mandated Reporters. Mandated reporters are by law any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, or employee of a county adult protective services. School teachers or employees, counselors, therapists, doctors, nurses, clergy, law enforcement officers, and firefighters are other examples of mandated reporters.
- Confidentiality of Mandated Reporters. In order to protect mandated reporters, their identity is kept confidential and a violation of this confidentiality is a misdemeanor. APS can only reveal the names of reporting parties to other investigative agencies. Supervisors and administrators of mandated reporters are not allowed to impede or prohibit reporting.
- Adult Protective Services (APS). Each California county has an APS agency to help elder adults and dependent adults aged 18-64 who are disabled, when these adults are unable to meet their own needs, or are victims of abuse, neglect, or exploitation. County APS agencies investigate reports of abuse of elders and dependent adults who live in private homes, apartments, hotels, or hospitals. APS staff also provides information and referral to other agencies and educates the public about reporting requirements and responsibilities under the Elder and Dependent Adult Abuse Reporting laws.
- SUPPORT. The California State Sheriffs’ Association supports this bill because it creates consistency in the law by requiring substance use disorder counselors, like many other health care professionals, to report elder abuse. The California Retired Teachers Association states this bill is consistent with the association’s priority to protect seniors from abuse.
- DOUBLE REFERRAL. This bill is double referred, upon passage in this Committee; it will be referred to the Assembly Judiciary Committee.
- RELATED LEGISLATION.
- AB 611 (Dababneh) authorizes a mandated reporter of suspected financial abuse of an elder or dependent adult to not honor any power of attorney if the mandated reporter makes, or has knowledge that any other person has made, a report to an APS or law enforcement agency of any state that the person who executed the power of attorney may be subject to financial abuse. AB 611 has been double referred to the Assembly Aging and Long Term Care and Judiciary Committees.
- SB 648 (Mendoza) imposes additional new requirements and prohibitions on referral agencies that refer persons for remuneration to a residential care facility and would expand the list of mandated reporters to include owners, operators, or employees of a referral agency, as specified. SB 648 has been double referred to the Senate Health and Judiciary Committees.
- PREVIOUS LEGISLATION.
- AB 2379 (Weber), Chapter 62, Statutes of 2014, adds child welfare services personnel to the list of persons who may be included in multidisciplinary teams that are trained in the prevention, identification, management, or treatment of abuse of elderly or dependent adults.
- AB 2337 (Beall), Chapter 456, Statutes of 2008, adds drug and alcohol counselors to the list of mandated reporters for the purpose of the Child Abuse and Neglect Reporting Act, and defines an "alcohol and drug abuse counselor" as a person providing counseling therapy, or other clinical services for a state-licensed or certified drug, alcohol, or drug and alcohol treatment program.
- AB 2379 (Weber), Chapter 62, Statutes of 2014, adds child welfare services personnel to the list of persons who may be included in multidisciplinary teams that are trained in the prevention, identification, management, or treatment of abuse of elderly or dependent adults.
REGISTERED SUPPORT / OPPOSITION:
Support
Breining Institute
California Retired Teachers Association
California State Sheriffs’ Association
Several Individuals
Opposition
None on file.
Analysis Prepared by: Patty Rodgers and John Gilman / HEALTH / (916) 319-2097
Discussed in Hearing
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Bill Author
Bill Co-Author(s):