Title 39 — HEALTH AND SAFETY

39-5301. Short title. This chapter shall be known and may be cited as the "Adult Abuse, Neglect and Exploitation Act."

39-5301A. Declaration of policy. (1) It is the intent of the adult abuse, neglect, and exploitation act to authorize the fewest possible restrictions on the exercise of personal freedom and religious beliefs consistent with a vulnerable adult’s need for services and to empower vu…

39-5302. Definitions. (1) For the purposes of this chapter: (a) "Administrator" means the administrator of the Idaho commission on aging appointed pursuant to section 67-5004, Idaho Code. (b) "Adult" means a person aged eighteen (18) years or older. (c) "Adult protective services…

39-5303. Duty to report cases of vulnerable adult maltreatment. (1) Licensed medical professionals, emergency services personnel, facility employees, skilled nursing facility employees, employees of an entity responsible for providing care to a vulnerable adult, medical examiners…

39-5303A. limited Exemption from duty to report for facilities and skilled nursing facilities. (1) The requirements set forth in section 39-5303, Idaho Code, pertaining to the reporting of vulnerable adult maltreatment to the commission or the department shall not apply to situat…

39-5304. Reporting requirements, investigation, emergency access. (1) When a report is made by an individual or required pursuant to this chapter, such report shall be made to the commission or appropriate provider. If known, the report shall contain: (a) The name and address of …

39-5305. Inspections — Right of entry. (1) Upon receiving information that a vulnerable adult is alleged to be maltreated, the commission or provider shall cause such investigation to be made in accordance with the provisions of this chapter as is appropriate. In making the inves…

39-5306. services. (1) If there is substantiated maltreatment of a vulnerable adult, the commission or provider has the responsibility to assist the adult in obtaining available services. (2) If the commission or provider develops a protective action plan of supportive services f…

39-5307. Access to records. Any person, department, agency, or commission authorized to carry out the duties enumerated in this chapter shall have access to all relevant records, which shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and section 39-531…

39-5308. Interagency cooperation. (1) In performing the duties set forth in this chapter, the commission or provider may request the assistance of the staffs and resources of all appropriate state departments, agencies and commissions, and local health directors and may utilize a…

39-5309. department authority over certain facilities — immunity — exceptions — reports made in bad faith. (1) Skilled nursing facilities and employees of such facilities shall make reports required under this chapter to the department. If an employee at a state-licensed or state…

39-5310. Report to law enforcement — Prosecution. (1) If, as the result of any investigation initiated under the provisions of this chapter, it appears that the maltreatment has caused injury or a serious imposition on the rights of the vulnerable adult, the commission shall imme…

39-5311. Effect of actions taken pursuant to the natural death act. Any action taken by a physician or health facility pursuant to an agreement with a vulnerable adult in accordance with the provisions of chapter 45, title 39, Idaho Code, shall not be construed to constitute abus…

39-5312. Rules. The director of the commission shall have the authority to adopt, promulgate and enforce such rules as he deems necessary in carrying out the provisions of this chapter, subject to the provisions of chapter 52, title 67, Idaho Code.