Bill Text: HI HB700 | 2014 | Regular Session | Introduced

---

Bill Title: Child Abuse or Neglect; Mandatory Reporting; Duty to Report

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB700 Detail]

Download: Hawaii-2014-HB700-Introduced.html

---

HOUSE OF REPRESENTATIVES	H.B. NO.	700
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to mandatory reporting requirements.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 350-1, Hawaii Revised Statutes, is amended by amending the definition of "child abuse or neglect" to read as follows:

     ""Child abuse or neglect" means the acts or omissions of any person [who,] or legal entity [which, is in any manner or degree related to the child, is residing with the child, or is otherwise responsible for the child's care,] that have resulted in the physical or psychological health or welfare of the child, who is under the age of eighteen, to be harmed, or to be subject to any reasonably foreseeable, substantial risk of being harmed.  The acts or omissions are indicated for the purposes of reports by circumstances that include but are not limited to:

     (1)  When the child exhibits evidence of:

         (A)  Substantial or multiple skin bruising or any other internal bleeding;

         (B)  Any injury to skin causing substantial bleeding;

         (C)  Malnutrition;

         (D)  Failure to thrive;

         (E)  Burn or burns;

         (F)  Poisoning;

         (G)  Fracture of any bone;

         (H)  Subdural hematoma;

         (I)  Soft tissue swelling;

         (J)  Extreme pain;

         (K)  Extreme mental distress;

         (L)  Gross degradation;

         (M)  Death; and

          such injury is not justifiably explained, or when the history given concerning such condition or death is at variance with the degree or type of such condition or death, or circumstances indicate that such condition or death may not be the product of an accidental occurrence; or

     (2)  When the child has been the victim of sexual contact or conduct, including, but not limited to, sexual assault as defined in the Penal Code, molestation, sexual fondling, incest, or prostitution; obscene or pornographic photographing, filming, or depiction; or other similar forms of sexual exploitation; or

     (3)  When there exists injury to the psychological capacity of a child as is evidenced by an observable and substantial impairment in the child's ability to function; or

     (4)  When the child is not provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision; or

     (5)  When the child is provided with dangerous, harmful, or detrimental drugs as defined by section 712-1240; provided that this paragraph shall not apply when such drugs are provided to the child pursuant to the direction or prescription of a practitioner, as defined in section 712-1240."

     SECTION 2.  Section 350-1.1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding any other state law concerning confidentiality to the contrary, the following persons who, in their professional or official capacity, have [reason to believe] a reasonable suspicion that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future, shall immediately report the matter orally to the department or to the police department:

     (1)  Any licensed or registered professional of the healing arts or any health-related occupation who examines, attends, treats, or provides other professional or specialized services, including but not limited to physicians, including 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 school;

     (3)  Employees or officers of any public or private agency or institution, or other individuals, providing social, medical, hospital, or mental health services, including financial assistance;

     (4)  Employees or officers of any law enforcement agency, including but not limited to the courts, police departments, department of public safety, correctional institutions, and parole or probation offices;

     (5)  Individual providers of child care, or employees or officers of any licensed or registered child care facility, foster home, or similar institution;

     (6)  Medical examiners or coroners; and

     (7)  Employees of any public or private agency providing recreational or sports activities."

     SECTION 3.  Section 453-14, Hawaii Revised Statutes, is amended to read as follows:

     "§453-14  Duty of physician, osteopathic physician, surgeon, hospital, clinic, etc., to report wounds.  (a)  Every physician, osteopathic physician, physician assistant, and surgeon attending or treating a case of knife wound, bullet wound, gunshot wound, powder burn, or any injury that would seriously maim, produce death, or has rendered the injured person unconscious, or any other injury reasonably believed to have been caused by the use of violence or sustained in a suspicious or unusual manner, including injuries suffered by a victim of labor trafficking, injuries resulting from prostitution, or in motor vehicle collisions resulting in serious injury or death, or, whenever the case is treated in a hospital, clinic, or other institution, the manager, superintendent, or person in charge thereof, shall report the case or provide requested information to the chief of police of the county within which the person was attended or treated, giving the name of the injured person, description of the nature, type, and extent of the injury, together with other pertinent information that may be of use to the chief of police.  As used herein[, the term "chief of police"]:

     "Chief of police" means the chief of police of each county and any of the chief's authorized subordinates.

     "Prostitution" has the same meaning as provided in section 712-1200.

     "Victim" has the same meaning as provided in section 707‑780.

     (b)  This section shall not apply to wounds, burns, or injuries received by a member of the armed forces of the United States or of the State while engaged in the actual performance of duty.

     (c)  A person who makes a report called for under this section shall be subject to the physician-patient privilege under section 626-1, rule 504, with regard to confidential communications made by the patient for the purpose of diagnosis or treatment of that patient, but the privilege shall not apply to testimony about the physician's observations of the patient.

     [(c)] (d)  Any person who fails to make the report called for herein within twenty-four hours after the attendance or treatment shall be fined not less than $50 nor more than $500."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

Report Title:

Child Abuse or Neglect; Mandatory Reporting; Duty to Report

 

Description:

Amends the definition of child abuse or neglect to include acts or omissions of any person or legal entity.  Clarifies reporting duty to be based on a reasonable suspicion.  Expands medical personnel's duty to report to include reporting injuries suffered by a victim of labor trafficking or prostitution.

 

 

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.