§346-224  Reports.  (a)  Thefollowing persons who, in the performance of their professional or officialduties, know or have reason to believe that a vulnerable adult has incurredabuse or is in danger of abuse if immediate action is not taken shall promptlyreport the matter orally to the department:

(1)  Any licensed or registered professional of thehealing arts and any health-related occupation who examines, treats, orprovides other professional or specialized services to a vulnerable adult,including physicians, physicians in training, psychologists, dentists, nurses,osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists,pharmacists, and other health-related professionals;

(2)  Employees or officers of any public or private agencyor institution providing social, medical, hospital, or mental health services,including financial assistance;

(3)  Employees or officers of any law enforcementagency, including the courts, police departments, correctional institutions,and parole or probation offices;

(4)  Employees or officers of any adult residentialcare home, adult day care center, or similar institution;

(5)  Medical examiners or coroners; and

(6)  Social workers licensed pursuant to chapter 467Eand non-licensed persons employed in a social worker position pursuant tosection 467E-6(2).

(b)  The initial oral report required bysubsection (a) shall be followed as soon as possible by a written report to thedepartment; provided that if a police department is the initiating agency, awritten report shall not be required unless the police department declines totake further action and the department informs the police department that thedepartment intends to investigate the oral report of abuse.  A written reportshall contain:

(1)  The name and address of the vulnerable adult, ifknown;

(2)  The name and address of the party who is allegedto have committed or been responsible for the abuse, if known;

(3)  The nature and extent of the vulnerable adult'sinjury or harm; and

(4)  Any other information the reporter believes maybe helpful in establishing the cause of the abuse.

(c)  This section shall not prohibit any personfrom reporting an incident that the person has reason to believe involves abusethat came to the person's attention in a private or nonprofessional capacity.

(d)  Any person not enumerated in subsection(a) who has reason to believe that a vulnerable adult has incurred abuse or isin danger of abuse if immediate action is not taken may report the matterorally to the department.

(e)  Any person who knowingly fails to reportas required by this section or who wilfully prevents another person fromreporting pursuant to this section shall be guilty of a petty misdemeanor.

(f)  The department shall maintain a centralregistry of reported cases.

(g)  Nothing in this section shall require amember of the clergy to report communications that are protected under rule 506of chapter 626. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §2;am L 2008, c 154, §6]

 

Law Journals and Reviews

 

  Holding Hawai‘iNursing Facilities Accountable for the Inadequate Pain Management of ElderlyResidents.  27 UH L. Rev. 233.