Assembly Bill No. 59–Committee on Judiciary

 

(On Behalf of Clark County)

 

February 10, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Permits law enforcement agency to inspect certain records pertaining to abuse, neglect, exploitation or isolation of older persons. (BDR 15‑277)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to older persons; permitting a law enforcement agency to inspect certain records pertaining to the abuse, neglect, exploitation or isolation of older persons; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 200.50984 is hereby amended to read as

1-2  follows:

1-3  200.50984  1.  Notwithstanding any other statute to the

1-4  contrary, a law enforcement agency, the local office of the Aging

1-5  Services Division of the Department of Human Resources and a

1-6  county’s office for protective services, if one exists in the county

1-7  where a violation is alleged to have occurred, may for the purpose of

1-8  investigating an alleged violation of NRS 200.5091 to 200.50995,

1-9  inclusive, inspect all records pertaining to the older person on whose

1-10  behalf the investigation is being conducted, including, but not

1-11  limited to, that person’s medical and financial records.

1-12      2.  Except as otherwise provided in this subsection, if a

1-13  guardian has not been appointed for the older person, the law

1-14  enforcement agency, the Aging Services Division or the county’s

1-15  office for protective services shall obtain the consent of the older

2-1  person before inspecting those records. If the law enforcement

2-2  agency, the Aging Services Division or the county’s office for

2-3  protective services determines that the older person is unable to

2-4  consent to the inspection, the inspection may be conducted without

2-5  his consent. Except as otherwise provided in this subsection, if a

2-6  guardian has been appointed for the older person, the law

2-7  enforcement agency, the Aging Services Division or the county’s

2-8  office for protective services shall obtain the consent of the guardian

2-9  before inspecting those records. If the law enforcement agency, the

2-10  Aging Services Division or the county’s office for protective

2-11  services has reasonable cause to believe that the guardian is abusing,

2-12  neglecting, exploiting or isolating the older person, the inspection

2-13  may be conducted without the consent of the guardian, except that if

2-14  the records to be inspected are in the personal possession of the

2-15  guardian, the inspection must be approved by a court of competent

2-16  jurisdiction.

 

2-17  H