State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-05 > 76-5-111-1

76-5-111.1. Reporting requirements -- Investigation -- Immunity -- Violation --Penalty -- Physician-patient privilege -- Nonmedical healing.
(1) As provided in Section 62A-3-305, any person who has reason to believe that anyvulnerable adult has been the subject of abuse, neglect, or exploitation shall immediately notifythe nearest peace officer, law enforcement agency, or Adult Protective Services intake within theDepartment of Human Services, Division of Aging and Adult Services.
(2) Anyone who makes that report in good faith to a law enforcement agency, theDivision of Aging and Adult Services, or Adult Protective Services of suspected abuse, neglect,or exploitation is immune from civil and criminal liability in connection with the report or othernotification.
(3) (a) When the initial report is made to a peace officer or law enforcement agency, theofficer or law enforcement agency shall immediately notify Adult Protective Services intake. Adult Protective Services and law enforcement shall coordinate, as appropriate, theirinvestigations and provide protection to the vulnerable adult as necessary.
(b) Adult Protective Services will notify the Long-Term Care Ombudsman, as defined inSection 62A-3-202, when the initial report to Adult Protective Services involves a resident of along-term care facility as defined in Section 62A-3-202. The Long-Term Care Ombudsman andAdult Protective Services shall coordinate, as appropriate, in conducting their investigations.
(c) When the initial report or subsequent investigation by Adult Protective Servicesindicates that a criminal offense may have occurred against a vulnerable adult, Adult ProtectiveServices shall immediately notify the nearest local law enforcement agency. That lawenforcement agency shall initiate an investigation in cooperation with Adult Protective Services.
(4) A person who is required to report suspected abuse, neglect, or exploitation of avulnerable adult under Subsection (1), and who willfully fails to do so, is guilty of a class Bmisdemeanor.
(5) Under circumstances not amounting to a violation of Section 76-8-508, a person whothreatens, intimidates, or attempts to intimidate a vulnerable adult who is the subject of a report,a witness, the person who made the report, or any other person cooperating with an investigationconducted pursuant to this chapter is guilty of a class B misdemeanor.
(6) The physician-patient privilege does not constitute grounds for excluding evidenceregarding a vulnerable adult's injuries, or the cause of those injuries, in any judicial oradministrative proceeding resulting from a report made in good faith pursuant to this part.
(7) An adult is not considered abused, neglected, or a vulnerable adult for the reason thatthe adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medicalcare.

Amended by Chapter 50, 2004 General Session