The Florida Senate

415.1045  Protective investigations; onsite investigations; photographs, videotapes, and medical examinations; abrogation of privileged communications; confidential records and documents; classification or closure of records.--

(1)  PROTECTIVE INVESTIGATIONS.--

(a)  The department shall, upon receipt of a report alleging abuse or neglect of a disabled adult or an elderly person, commence, or cause to be commenced within 24 hours, a protective investigation of the facts alleged therein. The department shall, upon receipt of a report alleging only the exploitation of a disabled adult or an elderly person, commence, or cause to be commenced within 24 hours, excluding Saturdays, Sundays, and legal holidays, a protective investigation of the facts alleged therein.

(b)  Upon commencing an investigation, the adult protective investigator shall inform all disabled adults and elderly persons and alleged perpetrators named in the report of the following:

1.  The names of the investigators and identifying credentials from the department.

2.  The purpose of the investigation.

3.  The possible consequences of the investigation.

4.  That the victim, the victim's guardian, the victim's caregiver, and the alleged perpetrator, and legal counsel for any of those persons, have a right to a copy of the report at the conclusion of the investigation.

5.  That appeal rights may exist and that such rights will be explained in writing when appropriate and necessary at the conclusion of the investigation.

6.  The name and telephone number of the adult protective investigator's supervisor available to answer questions.

(c)  Except as provided in paragraph (d), in an investigative interview, any person being interviewed may be represented by an attorney, at the person's own expense, or may choose to have another person present. The other person present may not be an alleged perpetrator in any report currently under investigation. Before participating in such interview, the other person present shall execute an agreement to comply with the confidentiality requirements of ss. 415.101-415.113. The absence of an attorney or other person does not prevent the department from proceeding with other aspects of the investigation, including interviews with other persons.

(d)  In an investigative interview with the disabled adult or an elderly person, the protective investigator may conduct the interview with no other person present.

(2)  ONSITE INVESTIGATIONS.--For each report it receives, the department shall perform an onsite investigation to:

(a)  Determine whether the person is a disabled adult or an elderly person as defined in s. 415.102.

(b)  Determine whether the person is a disabled adult in need of services or an elderly person in need of services, as defined in s. 415.102.

(c)  Determine whether there is an indication that any disabled adult or elderly person has been or is being abused, neglected, or exploited, including a determination of the immediate and long-term risk; the nature and extent of present or prior injuries; and the nature and extent of any abuse, neglect, or exploitation, and any evidence thereof.

(d)  Determine whether protective and ameliorative services are necessary to safeguard and ensure the disabled adult's or elderly person's well-being and cause the delivery of those services.

(e)  Determine the person or persons apparently responsible for the abuse, neglect, or exploitation.

(f)  Determine the composition of the family or household, including all disabled adults and elderly persons named in the report, all persons in the care of the caregiver, any other persons responsible for the disabled adult's or elderly person's welfare, and any other adults or children in the same household.

(g)  Gather appropriate demographic data. Each person must cooperate to the fullest extent possible by providing the person's name, address, date of birth, social security number, sex, and race to the department's representative.

(3)  PHOTOGRAPHS AND VIDEOTAPES.--

(a)  The adult protective investigator, while investigating a report of abuse, neglect, or exploitation, may take or cause to be taken photographs and videotapes of the disabled adult or elderly person, and of the disabled adult's or elderly person's environment, which are relevant to the investigation. All photographs and videotapes taken during the course of the protective investigation are confidential and exempt from public disclosure as provided in s. 415.107.

(b)  Any photographs or videotapes made pursuant to this subsection, or copies thereof, must be sent to the department as soon as possible.

(4)  MEDICAL EXAMINATIONS.--

(a)  With the consent of the disabled adult or elderly person who has the capacity to consent or the disabled adult's or elderly person's guardian, or pursuant to s. 415.1051, the department may cause the disabled adult or elderly person to be referred to a licensed physician or any emergency department in a hospital or health care facility for medical examination, diagnosis, or treatment if any of the following circumstances exist:

1.  The areas of trauma visible on the disabled adult or elderly person indicate a need for medical examination;

2.  The disabled adult or elderly person verbally complains or otherwise exhibits signs or symptoms indicating a need for medical attention as a consequence of suspected abuse, neglect, or exploitation; or

3.  The disabled adult or elderly person is alleged to have been sexually abused.

(b)  Upon admission to a hospital or health care facility, with the consent of the disabled adult or elderly person who has capacity to consent or that person's guardian, or pursuant to s. 415.1051, the medical staff of the facility may examine, diagnose, or treat the disabled adult or elderly person. If a person who has legal authority to give consent for the provision of medical treatment to a disabled adult or elderly person has not given or has refused to give such consent, examination and treatment must be limited to reasonable examination of the patient to determine the medical condition of the patient and treatment reasonably necessary to alleviate the medical condition or to stabilize the patient pending a determination by the court of the department's petition authorizing protective services. Any person may seek an expedited judicial intervention under rule 5.900 of the Florida Probate Rules concerning medical treatment procedures.

(c)  Medical examination, diagnosis, and treatment provided under this subsection must be paid for by third-party reimbursement, if available, or by the disabled adult or elderly person or that person's guardian from the disabled adult's or elderly person's assets, if the disabled adult or elderly person is determined to be financially able to pay; or, if the disabled adult or elderly person is unable to pay, the department shall pay the costs within available emergency services funds.

(d)  Reports of examination, diagnosis, and treatment made under this subsection, or copies thereof, must be sent to the department as soon as possible.

(e)  This subsection does not obligate the department to pay for any treatment other than that necessary to alleviate the immediate presenting problems.

(5)  ABROGATION OF PRIVILEGED COMMUNICATIONS.--The privileged quality of communication between husband and wife and between any professional and the professional's patient or client, and any other privileged communication except that between attorney and client or clergy and person, as such communication relates to both the competency of the witness and to the exclusion of confidential communications, does not apply to any situation involving known or suspected abuse, neglect, or exploitation of a disabled adult or an elderly person and does not constitute grounds for failure to report as required by s. 415.1034, for failure to cooperate with the department in its activities under ss. 415.101-415.113, or for failure to give evidence in any judicial or administrative proceeding relating to abuse, neglect, or exploitation of a disabled adult or an elderly person.

(6)  MEDICAL, SOCIAL, OR FINANCIAL RECORDS OR DOCUMENTS.--

(a)  The adult protective investigator, while investigating a report of abuse, neglect, or exploitation, must have access to, inspect, and copy all medical, social, or financial records or documents in the possession of any person, caregiver, guardian, or facility which are relevant to the allegations under investigation, unless specifically prohibited by the disabled adult or elderly person who has capacity to consent.

(b)  The confidentiality of any medical, social, or financial record or document that is confidential under state law does not constitute grounds for failure to:

1.  Report as required by s. 415.1034;

2.  Cooperate with the department in its activities under ss. 415.101-415.113;

3.  Give access to such records or documents; or

4.  Give evidence in any judicial or administrative proceeding relating to abuse, neglect, or exploitation of a disabled adult or an elderly person.

(7)  CLASSIFICATIONS AND CLOSURES.--No later than 45 days after receiving an initial report in which the department has jurisdiction, the adult protective investigator shall complete the investigation and classify the report as proposed confirmed or unfounded, or close the report without classification. The adult protective investigator must document the details of the investigation, close the report, and enter the data into the central abuse registry and tracking system no later than 60 days after receiving the initial report.

History.--s. 99, ch. 95-418; s. 2, ch. 98-182.