ALZHEIMER'S DISEASE
OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session
2024 Okla. Sess. Law Serv. Ch. 93 (H.B. 3317) (WEST)
OKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
CHAPTER 93
H.B. No. 3317
ALZHEIMER'S DISEASE
An Act relating to Alzheimer's disease; amending Section 2, Chapter 123, O.S.L. 2022 (43A O.S. Supp. 2023, Section 10–115), which relates to multidisciplinary team for investigation and prosecution of elder or vulnerable adult abuse; adding a requirement for the multidisciplinary team; and providing an effective date.
SUBJECT: Alzheimer's disease
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 43A § 10–115 >>
SECTION 1. AMENDATORY Section 2, Chapter 123, O.S.L. 2022 (43A O.S. Supp. 2023, Section 10–115), is amended to read as follows:
Section 10–115. A. In coordination with the District Attorneys Council, each district attorney may develop a multidisciplinary team for the investigation and prosecution of crimes committed against the elderly or vulnerable adults in each county of the district attorney or in a contiguous group of counties. The lead agency for the team shall be chosen by the members of the team. The team shall intervene in reports involving sexual abuse, abuse, neglect, or exploitation of an elderly person or vulnerable adult as defined in Section 10–103 of Title 43A of the Oklahoma Statutes this title.
B. The multidisciplinary elderly and vulnerable adult abuse team members shall include, but not be limited to:
1. Mental health professionals licensed pursuant to the laws of this state or licensed professional counselors;
2. Police officers or other law enforcement agents whose duties include, or who have experience or training in, elder and vulnerable adult abuse and neglect investigation;
3. Medical personnel with experience in elder and vulnerable adult abuse and neglect identification;
4. Adult Protective Services, Office of Client Advocacy, and long-term care workers within the Department of Human Services;
5. Multidisciplinary elder and vulnerable adult abuse team coordinators; and
6. The district attorney or assistant district attorney.
C. 1. Subject to the availability of funds and resources, the functions of the team shall include, but not be limited to:
a. whenever feasible, joint investigations by law enforcement and Adult Protective Services, Office of Client Advocacy, or long-term care staff to effectively respond to reports of abuse against elderly or vulnerable adult victims,
b. the development of a written protocol for investigation of sexual abuse, abuse, neglect, or exploitation cases of elderly or vulnerable adults and for the interview of victims to ensure coordination and cooperation between all agencies involved. Such protocol shall include confidentiality statements and interagency agreements signed by member agencies that specify the cooperative effort of the member agencies to the team,
c. communication and collaboration among the professionals responsible for the reporting, investigation, prosecution, and treatment of elderly and vulnerable adult abuse and neglect cases,
d. elimination of duplicative efforts in the investigation and the prosecution of abuse and neglect cases committed against elderly or vulnerable adult victims,
e. identification of gaps in service or untapped resources within the community to improve the delivery of services to the victim and family,
f. development of expertise through training. Each team member and those conducting investigations and interviews of elder or vulnerable adult abuse victims shall be trained in the multidisciplinary team approach, conduction of legally sound developmentally and age-appropriate interviews, effective investigation techniques and joint investigations as provided through the State Department of Health, the District Attorneys Council, the Department of Human Services, or other resources. At least one team member or those conducting investigations and interviews of elder or vulnerable adult abuse victims shall complete dementia-specific training on Alzheimer's disease and related dementia that includes one or more of the following:
(1) communication skills,
(2) problem-solving with challenging behaviors, or
(3) explanation of Alzheimer's disease and other dementia,
g. formalization of a case review process and provision of data as requested, and
h. standardization of investigative procedures for the handling of elderly and vulnerable adult abuse and neglect cases.
2. Any investigation or interview related to sexual abuse, abuse, or neglect of elderly or vulnerable adults shall be conducted by appropriate personnel using the protocols and procedures specified in this section.
3. If trained personnel are not available in a timely manner and if a law enforcement officer or the Department of Human Services determines that there is reasonable cause to believe a delay in investigation or interview of a victim could place the victim's health or welfare in danger of harm or threatened harm, the investigation may proceed without full participation of all personnel, but only for as long as the danger to the victim exists. The Department of Human Services shall make a reasonable effort to find and provide a trained investigator or interviewer.
D. A multidisciplinary elder or vulnerable adult abuse team shall have full access to any service or treatment plan and any personal data known to the Department of Human Services that is directly related to the implementation of the requirements of this section.
E. Each member of the team shall protect the confidentiality of the elderly or vulnerable adult and any information made available to the team member. The multidisciplinary team and any information received by the team shall be exempt from the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.
SECTION 2. This act shall become effective November 1, 2024.
Approved April 23, 2024.
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