Idaho State Statutes - Idaho Attorney Directory

DUTY TO REPORT CASES OF ABUSE, NEGLECT OR EXPLOITATION OF
VULNERABLE ADULTS. (1) Any physician, nurse, employee of a public or private
health facility, or a state licensed or certified residential facility serving
vulnerable adults, medical examiner, dentist, ombudsman for the elderly,
osteopath, optometrist, chiropractor, podiatrist, social worker, police
officer, pharmacist, physical therapist, or home care worker who has
reasonable cause to believe that a vulnerable adult is being or has been
abused, neglected or exploited shall immediately report such information to
the commission. Provided however, that nursing facilities defined in section
39-1301(b), Idaho Code, and employees of such facilities shall make reports
required under this chapter to the department. When there is reasonable cause
to believe that abuse or sexual assault has resulted in death or serious
physical injury jeopardizing the life, health or safety of a vulnerable adult,
any person required to report under this section shall also report such
information within four (4) hours to the appropriate law enforcement agency.
(2) Failure to report as provided under this section is a misdemeanor
subject to punishment as provided in section 18-113, Idaho Code. If an
employee at a state licensed or certified residential facility fails to report
abuse or sexual assault that has resulted in death or serious physical injury
jeopardizing the life, health or safety of a vulnerable adult as provided
under this section, the department shall also have the authority to:
(a) Revoke the facility's license and/or contract with the state to
provide services;
(b) Deny payment;
(c) Assess and collect a civil monetary penalty with interest from the
facility owner and/or facility administrator;
(d) Appoint temporary management;
(e) Close the facility and/or transfer residents to another certified
facility;
(f) Direct a plan of correction;
(g) Ban admission of persons with certain diagnoses or requiring
specialized care;
(h) Ban all admissions to the facility;
(i) Assign monitors to the facility; or
(j) Reduce the licensed bed capacity.
Any action taken by the department pursuant to this subsection shall be
appealable as provided in chapter 52, title 67, Idaho Code.
(3) Any person, including any officer or employee of a financial
institution, who has reasonable cause to believe that a vulnerable adult is
being abused, neglected or exploited may report such information to the
commission or its contractors.
(4) The commission and its contractors shall make training available to
officers and employees of financial institutions in identifying and reporting
instances of abuse, neglect or exploitation involving vulnerable adults.
(5) Any person who makes any report pursuant to this chapter, or who
testifies in any administrative or judicial proceeding arising from such
report, or who is authorized to provide supportive or emergency services
pursuant to the provisions of this chapter, shall be immune from any civil or
criminal liability on account of such report, testimony or services provided
in good faith, except that such immunity shall not extend to perjury, reports
made in bad faith or with malicious purpose nor, in the case of provision of
services, in the presence of gross negligence under the existing
circumstances.
(6) Any person who makes a report or allegation in bad faith, with malice
or knowing it to be false, shall be liable to the party against whom the
report was made for the amount of actual damages sustained or statutory
damages in the amount of five hundred dollars ($500), whichever is greater,
plus attorney's fees and costs of suit. If the court finds that the defendant
acted with malice or oppression, the court may award treble actual damages or
treble statutory damages, whichever is greater.

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