Physicians should ascertain whether the Protective Placement and Custody Laws have been adopted in their county by calling their local county medical society, law enforcement agency, adult protective services department, or local county governing body. These laws provide that if a physician treating an adult determines that the person is an endangered adult, defined as in a situation posing an immediate risk of serious injury or death, when no other means are available to mitigate the risk to the individual, whether or not medical treatment is required, the physician may (but is not required to) delay the release of the endangered adult until one of the following:
•A local law enforcement agency takes custody of the endangered adult.
•It is determined by the responding agency that the adult is not endangered.
•The responding agency takes other appropriate action to ensure the safety of the endangered adult.
In these instances, the physician must immediately notify local law enforcement of the delayed release decision and request immediate assistance in the matter.
Note There are no explicit immunities for the physician in the event the presumed endangered adult or his or her family or guardian sues the physician for damages arising from the delayed release.
Employee Acknowledgement Form
Physicians or other employers who hire licensed physicians or other mandated reports on or after January 1, 1995 are required to obtain a signed statement to the effect that the employee has knowledge of the mandated reporter statute and will comply with its provisions. Employers must retain the signed statements at the employer’s expense. In addition, employers must inform licensed physicians and other mandated reports in their employ who were hired prior to January 1, 1995 of their reporting responsibility. Effective with physician licenses issued on or after January 1, 1995, the Medical Board must obtain an acknowledgement that the physician understands and agrees to comply with the dependent and elder abuse reporting statutes.
Reporting is done to the following or to local law enforcement/police:
•
Adults (60+ years, living independently)
Adult Protective
Services
1725 Technology Dr.
San Jose, CA 95110
•
Adults (18-59 years, living independently)
Adult Protective
Services
591 N. King Rd.
San Jose, CA 95133
Hotline: (800)
414-2002
Fax: (408) 923-2134
•
Adults (in RCH)
Long Term Care Ombudsman – Catholic Charities
2625
Zanker Rd., #200
San Jose, CA 95134-2107
(408) 944-0567 9am to
5pm
(800) 231-4024 after 5pm