AB 40 Summary

• Defines "serious bodily injury" as injury involving extreme physical pain, substantial risk of death, protracted loss or impairment of bodily function, or requiring medical intervention such as hospitalization or surgery.

• Requires mandated reporters to report suspected physical abuse in long-term care facilities to local law enforcement by telephone within 2 hours if serious bodily injury results, or within 24 hours if no serious bodily injury occurs, with written reports to the local ombudsman, licensing agency, and law enforcement within the same timeframes.

• Permits non-mandated reporters to report suspected abuse in long-term care facilities to either a long-term care ombudsman program or local law enforcement agency.

• Removes the local ombudsman from the list of persons to whom mandated reporters may report abuse occurring in state mental hospitals or state developmental centers.

• Increases penalties for failure to report elder or dependent adult abuse, making it a misdemeanor punishable by up to 6 months in jail and $1,000 fine, or up to 1 year in jail and $5,000 fine if the abuse results in death or great bodily injury.