Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB3317 Enrolled / Bill

Filed 04/18/2024

                    An Act 
ENROLLED HOUSE 
BILL NO. 3317 	By: Bashore, Cantrell, Hill, 
and May of the House 
 
   and 
 
  Green and Stephens of the 
Senate 
 
 
 
 
 
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: 
 
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 v ulnerable 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: 
  ENR. H. B. NO. 3317 	Page 2 
1.  Mental health professionals licensed pursuant to the law s of 
this state or licensed professional counselors; 
 
2.  Police officers or other law enforcement agents whose duties 
include, or who have experience or traini ng in, elder and vulnerable 
adult abuse and neglect investigation; 
 
3.  Medical personnel with exp erience 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 as sistant 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 si gned 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 prosecut ion of abuse and neglect  ENR. H. B. NO. 3317 	Page 3 
cases committed against elderl y 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 conduct ing investigations and 
interviews of elder or vulnerable adult abuse victims 
shall be trained in th e multidisciplinary team 
approach, conduction of legally sound developmentally 
and age-appropriate interviews, effective 
investigation techniques and joint i nvestigations as 
provided through the State Department of Health, the 
District Attorneys Council, t he Department of Human 
Services, or other resources.  At least one team 
member or those conducting investi gations and 
interviews of elder or vulnerable adult abuse victi ms 
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 provi sion 
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 a dults shall be conducted 
by appropriate personnel using the p rotocols 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  ENR. H. B. NO. 3317 	Page 4 
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 a ll 
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 interviewe r. 
 
D.  A multidisciplinary elder or vulnerable adu lt abuse team 
shall have full access to any service or treatment plan and an y 
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.  ENR. H. B. NO. 3317 	Page 5 
 
Passed the House of Representatives the 7th day of March, 2024. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the 17th day of April, 2024. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________