SLS 12RS-2906 ENGROSSED
Page 1 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 762 (Substitute of Senate Bill No. 690 by Senator Buffington)
BY SENATOR BUFFINGTON
AGED PERSONS. Transfers the adult protection services of the office of elderly affairs in
the office of the governor to the Department of Health and Hospitals, office of aging and
adult services. (7/1/12)
AN ACT1
To amend and reenact R.S. 14:35.1(A)(3), R.S. 15:1503(4), R.S. 35:406(A) and (D), R.S.2
36:258(F), R.S. 46:56(A), (B)(1), and (F)(4)(b), 61(A)(1) and (C), 932(10), and3
2136.2(F) and to repeal R.S. 46:936, relative the transfer of adult protection services4
of the office of elderly affairs in the office of the governor to the Department of5
Health and Hospitals, office of aging and adult services; to provide for functions of6
the programs and services transferred; to provide for contracts and leases; to provide7
for administrative rules; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:35.1(A)(3) is hereby amended and reenacted to read as follows:10
§35.1. Battery of a child welfare or adult protective service worker11
A.(1) * * *12
(3) For purposes of this Section, "adult protective service worker" shall13
include any adult protection specialist or adult protection specialist supervisor14
employed by the Department of Health and Hospitals or the Governor's Office of15
Elderly Affairs.16
* * *17 SB NO. 762
SLS 12RS-2906 ENGROSSED
Page 2 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. R.S. 15:1503(4) is hereby amended and reenacted to read as follows:1
§1503. Definitions2
For the purposes of this Chapter, the following terms shall have the following3
meanings, unless the context clearly indicates a different meaning:4
* * *5
(4)(a) "Adult protection agency" means the office of elderly affairs in the6
office of the governor, for any individual sixty years of age or older in need of adult7
protective services as provided in this Chapter.8
(b) "Adult protection agency" means the Department of Health and Hospitals9
for any individual between the ages of eighteen and fifty-nine years of age or older10
or an emancipated minor in need of adult protective services as provided in this11
Chapter. The secretary of the Department of Health and Hospitals may assign the12
duties and powers provided in this Chapter to any office of the department for13
provision of adult protective services, as provided in this Chapter.14
* * *15
Section 3. R.S. 35:406(A) and (D) are hereby amended and reenacted to read as16
follows:17
§406. Ex officio notaries public of the adult protection agency18
A. Notwithstanding any provisions of law relative to qualifications for19
notaries public, except R.S. 35:391:,20
(1) The director of the office of elderly affairs may appoint two investigators21
in each region of the adult protection agency, office of elderly affairs, office of the22
governor, as ex officio notaries public.23
(2) The the secretary of the Department of Health and Hospitals may appoint24
three five investigators in the adult protection agency, Department of Health and25
Hospitals, as ex officio notaries public.26
* * *27
D. The director or secretary authorized to make such appointments may28
suspend or terminate any appointment made pursuant to this Section at any time.29 SB NO. 762
SLS 12RS-2906 ENGROSSED
Page 3 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Separation from the employ of the adult protection agency shall automatically1
terminate the powers of such an ex officio notary public.2
Section 4. R.S. 36:258(F) is hereby amended and reenacted to read as follows:3
§258. Offices; purposes and functions4
* * *5
F. The office of aging and adult services shall be responsible for the programs6
and functions of the Department of Health and Hospitals related to the long-term7
care services to of the elderly and the protection and long-term care of persons with8
adult onset disabilities. It shall administer the residential state-operated nursing9
homes, the Villa Feliciana Medical Complex, the protection services program of10
adults from ages aged eighteen to fifty-nine, and older or an emancipated minor,11
the department's long-term support and services programs, the State Personal12
Assistance Services program, the Community and Family Support Program, the13
Traumatic Head and Spinal Cord Injury Trust Fund, as well as other related14
programs within the department.15
* * *16
Section 5. R.S. 46:56(A), (B)(1), and (F)(4)(b), 61(A)(1) and (C), 932(10), and17
2136.2(F) are hereby amended and reenacted to read as follows:18
§56. Applications and client case records; definitions; confidentiality; waiver;19
penalty20
A. Applications for assistance and information contained in case records of21
clients of the Department of Health and Hospitals, or the Department of Children22
and Family Services, or the Office of Elderly Affairs, for the purpose of adult23
protective services, shall be confidential and, except as otherwise provided, it shall24
be unlawful for any person to solicit, disclose, receive, make use of, or to authorize,25
knowingly permit, participate in, or acquiesce in the use of applications or client case26
records or the information contained therein for any purpose not directly connected27
with the administration of the programs of the department.28
B.(1) For the purposes of this Section, "department" means the Department29 SB NO. 762
SLS 12RS-2906 ENGROSSED
Page 4 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of Health and Hospitals, and the Department of Children and Family Services, and1
the adult protection agency as provided in R.S. 15:1503(4). It is the express intent2
of this Section that the Department of Health and Hospitals, and the Department of3
Children and Family Services , and, for the purpose of adult protective services, the4
Office of Elderly Affairs share access to each other's case records to the extent that5
such access is not prohibited by any contrary provision of federal law or regulation.6
* * *7
F. The following information shall not be subject to waiver and shall not be8
released to applicants, recipients, or outside sources, except those outside sources9
engaged in the administration of the programs of the department:10
* * *11
(4)(a) * * *12
(b) In addition, the department may release information to other agencies of13
state government that are engaged in rendering services or treatment to a department14
recipient or former recipient. The agency receiving the information from the15
department under this Paragraph shall be bound by the same confidentiality standard16
as prescribed in this Section with regard to release of this information to the17
recipient, the client's legal representative, or an outside source. The Department of18
Health and Hospitals, and the Department of Children and Family Services, and, for19
the purpose of adult protective services, the Office of Elderly Affairs may release20
information to each other for the purpose of furthering services or treatment to21
clients or recipients of services of either department. Information subject to release22
under this Section that is covered by federal statutes or regulations restricting release23
of the information shall be released only in accordance with the federal statutes or24
regulations.25
* * *26
§61. Elderly abuse; release of information27
A.(1) The Department of Health and Hospitals shall, following an28
investigation by the department, the Office of Elderly Affairs, the office of the29 SB NO. 762
SLS 12RS-2906 ENGROSSED
Page 5 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
attorney general, or a local law enforcement agency, of any report of elderly abuse1
and the conviction of any person investigated for such abuse or the entering of a plea2
of guilty or nolo contendere by any person so investigated who is accused of such3
abuse, make available to any health care facility licensed by the department, upon4
request, the name and a photograph of any such person who has been convicted of5
or pled guilty or nolo contendere to a crime involving elderly abuse.6
* * *7
C. The department, in consultation with the Office of Elderly Affairs, shall8
adopt and promulgate rules and regulations in accordance with the Administrative9
Procedure Act to implement the provisions of this Section, including provisions10
which establish procedures under which the department shall request information11
from law enforcement officials and district attorneys and which establish procedures12
under which health care facilities may request information concerning whether or not13
a person has been convicted of or pled guilty or nolo contendere to a crime listed in14
R.S. 14:403.2.15
* * *16
§932. Powers and duties17
The office shall have the following powers and duties:18
* * *19
(10) To perform the functions of the state which are designed to meet the20
social and community needs of Louisiana residents sixty years of age or older,21
including but not limited to the provision of such comprehensive social programs as22
homemaker services, home repair and maintenance services, employment and23
training services, recreational and transportation services, counseling, information24
and referral services, protective services under R.S. 15:1501 et seq., and health-25
related outreach; but excluding the transportation program for the elderly and the26
handicapped program administered by the Department of Transportation and27
Development under Section 16(b)(2) of the Federal Urban Mass Transportation Act28
of 1964 as amended and other such programs and services assigned to departments29 SB NO. 762
SLS 12RS-2906 ENGROSSED
Page 6 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of state government as provided in Title 36 of the Louisiana Revised Statutes of1
1950.2
* * *3
§2136.2. Louisiana Protective Order Registry4
* * *5
F. The judicial administrator's office shall make the Louisiana Protective6
Order Registry available to state and local law enforcement agencies, district7
attorney offices, the Department of Children and Family Services, office of children8
and family services, support enforcement services, office of community services, the9
Department of Health and Hospitals, bureau of protective services, the Governor's10
Office of Elderly Affairs, elderly protective services, the office of the attorney11
general, and the courts.12
Section 6. R.S. 46:936 is hereby repealed.13
Section 7. All employees engaged in the performance of duties relating to the14
functions of the programs and services transferred from the office of elderly affairs in the15
office of the governor to the Department of Health and Hospitals, office of aging and adult16
services, are hereby transferred to the office of aging and adult services to carry out the17
functions of the office of aging and adult services.18
Section 8. In order to ensure continuity of services, all office of elderly affairs19
contracts and leases related to the operation and administration of its adult protective service20
programs transferred to the Department of Health and Hospitals, office of aging and adult21
services shall be deemed to have been transferred and assigned to the Department of Health22
and Hospitals upon the effective date of this Act without the necessity of amendment of the23
lease or contract, and the Department of Health and Hospitals shall be solely responsible for24
all related obligations and liabilities arising on or after that effective date.25
Section 9. The administrative rules contained in the Louisiana Administrative Code26
promulgated by the office of elderly affairs of the office of the governor which govern or are27
applicable to the programs and operations transferred from the office of elderly affairs in the28
of the office of the governor to the Department of Health and Hospitals, office of aging and29 SB NO. 762
SLS 12RS-2906 ENGROSSED
Page 7 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
adult services by this Act shall continue to be effective, and the office of state register shall1
change all applicable references to the office of elderly affairs to the office of aging and2
adult services and redesignate and renumber, as the need may be, all applicable provisions3
as are necessary to maintain continuity in the Louisiana Administrative Code.4
Section 10. This Act shall become effective on July1, 2012; if vetoes by the governor5
and subsequently approved by the legislature, this Act shall become effective on July 1,6
2012, or on the day following such approval by the legislature, whichever is later.7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Proposed law transfers the adult protection services of the office of elderly affairs in the
office of the governor to the Department of Health and Hospitals, office of aging and adult
services.
Proposed law provides for the transfer of employees from the office of elderly affairs in the
office of the governor to the Department of Health and Hospitals, office of aging and adult
services.
Proposed law provides for the transfer of leases and contracts from the office of elderly
affairs in the office of the governor to the Department of Health and Hospitals, office of
aging and adult services.
Proposed law provides for the transfer of administrative rules from the office of elderly
affairs in the office of the governor to the Department of Health and Hospitals, office of
aging and adult services.
Effective July 1, 2012.
(Amends R.S. 14:35.1(A)(3), R.S. 15:1503(4), R.S. 35:406(A) and (D), R.S. 36:258(F), R.S.
46:56(A), (B)(1), and (F)(4)(b), 61(A)(1) and (C), 932(10), and 2136.2(F); repeals R.S.
46:936)