(SB 193)
Elderly person abuse prohibited.
Section
1.
That
§
22-46-1
be amended to read as follows:
22-46-1.
Terms used in this chapter mean:
disabled adult; a decision to not seek medical care for an elder or disabled adult based upon a
previously executed declaration, do-not-resuscitate order, or a power of attorney for health care;
a decision to not seek medical care for an elder or disabled adult if otherwise authorized by law;
or the failure to provide goods and services outside the means available for the elder or disabled
adult.
Section
3.
That
§
22-46-2
be amended to read as follows:
22-46-2.
Any person who abuses or neglects
an elder or
a disabled adult in a manner which
does not constitute aggravated assault is guilty of a Class 6 felony.
Section
4.
That
§
22-46-3
be amended to read as follows:
22-46-3.
Any person who, having assumed the duty by written contract, by receipt of payment
for care, or by order of a court to provide for the support of
an elder or
a disabled adult, and having
been entrusted with the property of that
elder or
disabled adult, with intent to defraud, appropriates
such property to a use or purpose not in the due and lawful execution of that person's trust, is guilty
of theft by exploitation. Theft by exploitation is punishable as theft pursuant to chapter 22-30A.
Section
5.
That chapter
22-46
be amended by adding thereto a NEW SECTION to read as
follows:
Section
6.
That
§
34-12-51
be amended to read as follows:
34-12-51.
Any institution regulated pursuant to chapter 34-12 and any employee, agent, or
member of a medical or dental staff thereof who, in good faith, makes a report of abuse,
exploitation, or neglect of
a
any elder or
disabled adult, is immune from any liability, civil or
criminal, that might otherwise be incurred or imposed, and has the same immunity with respect
to participation in any judicial proceeding resulting from
such
the
report. This immunity
also
extends in a like manner to any public official involved in the investigation of abuse, exploitation,
or neglect of any
elder or
disabled adult, or to any person or institution
provided herein
who in
good faith cooperates with
such
any
public officials in an investigation. The provisions of this
section do not extend to any person alleged to have committed any act of abuse or neglect of
a
any
elder or
disabled adult
or to any person who has aided and abetted any such act
.
Section
7.
That chapter
22-46
be amended by adding thereto a NEW SECTION to read as
follows: