Under existing law, any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, is a mandated reporter. Under existing law, any mandated reporter who has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced these behaviors, is required to report the abuse immediately or as soon as practicably possible. The failure to report on the part of a mandated reporter is a crime.
Under existing law, mandated reporters include administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health
practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency.
This bill would, for purposes of the above-mandated reporter law, include within the definition of “health practitioner” a substance use disorder counselor, as defined, thereby making a substance use disorder counselor a mandated reporter. Because a failure on the part of a substance use disorder counselor to make a mandated report would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.