Washington SB 5115: Clarifying what constitutes mental abuse of vulnerable adults.

Bill Text

AN ACT Relating to clarifying what constitutes mental abuse of 1
vulnerable adults; and amending RCW 74.34.020.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 74.34.020 and 2021 c 215 s 162 are each amended to 4
read as follows:5
The definitions in this section apply throughout this chapter 6
unless the context clearly requires otherwise.7
(1) "Abandonment" means action or inaction by a person or entity 8
with a duty of care for a vulnerable adult that leaves the vulnerable 9
person without the means or ability to obtain necessary food, 10
clothing, shelter, or health care.11
(2) "Abuse" means the intentional, willful, or reckless action or 12
inaction that inflicts injury, unreasonable confinement, 13
intimidation, or punishment on a vulnerable adult. In instances of 14
abuse of a vulnerable adult who is unable to express or demonstrate 15
physical harm, pain, or mental anguish, the abuse is presumed to 16
cause physical harm, pain, or mental anguish. Abuse includes sexual 17
abuse, mental abuse, physical abuse, and personal exploitation of a 18
vulnerable adult, and improper use of restraint against a vulnerable 19
adult which have the following meanings:20
S-0233.1
SENATE BILL 5115
State of Washington 68th Legislature 2023 Regular Session
By Senators Hunt and C. Wilson
Prefiled 12/30/22. Read first time 01/09/23. Referred to Committee
on Law & Justice.
p. 1 SB 5115

(a) "Sexual abuse" means any form of nonconsensual sexual 1
conduct, including but not limited to unwanted or inappropriate 2
touching, rape, molestation, indecent liberties, sexual coercion, 3
sexually explicit photographing or recording, voyeurism, indecent 4
exposure, and sexual harassment. Sexual abuse also includes any 5
sexual conduct between a staff person, who is not also a resident or 6
client, of a facility or a staff person of a program authorized under 7
chapter 71A.12 RCW, and a vulnerable adult living in that facility or 8
receiving service from a program authorized under chapter 71A.12 RCW, 9
whether or not it is consensual.10
(b) "Physical abuse" means the intentional, willful, or reckless 11
action of inflicting bodily injury or physical mistreatment. Physical 12
abuse includes, but is not limited to, striking with or without an 13
object, slapping, pinching, choking, kicking, shoving, or prodding.14
(c) "Mental abuse" means an intentional, willful, or reckless 15
verbal or nonverbal action that threatens, humiliates, harasses, 16
coerces, intimidates, isolates, unreasonably confines, or punishes a 17
vulnerable adult. Mental abuse may include ridiculing, yelling, 18
((or)) swearing, or an action by an agent under power of attorney to 19
unreasonably confine a vulnerable adult to a care facility.20
(d) "Personal exploitation" means an act of forcing, compelling, 21
or exerting undue influence over a vulnerable adult causing the 22
vulnerable adult to act in a way that is inconsistent with relevant 23
past behavior, or causing the vulnerable adult to perform services 24
for the benefit of another.25
(e) "Improper use of restraint" means the inappropriate use of 26
chemical, physical, or mechanical restraints for convenience or 27
discipline or in a manner that: (i) Is inconsistent with federal or 28
state licensing or certification requirements for facilities, 29
hospitals, or programs authorized under chapter 71A.12 RCW; (ii) is 30
not medically authorized; or (iii) otherwise constitutes abuse under 31
this section.32
(3) "Chemical restraint" means the administration of any drug to 33
manage a vulnerable adult's behavior in a way that reduces the safety 34
risk to the vulnerable adult or others, has the temporary effect of 35
restricting the vulnerable adult's freedom of movement, and is not 36
standard treatment for the vulnerable adult's medical or psychiatric 37
condition.38
(4) "Consent" means express written consent granted after the 39
vulnerable adult or his or her legal representative has been fully 40
p. 2 SB 5115

informed of the nature of the services to be offered and that the 1
receipt of services is voluntary.2
(5) "Department" means the department of social and health 3
services.4
(6) "Facility" means a residence licensed or required to be 5
licensed under chapter 18.20 RCW, assisted living facilities; chapter 6
18.51 RCW, nursing homes; chapter 70.128 RCW, adult family homes; 7
chapter 72.36 RCW, soldiers' homes; chapter 71A.20 RCW, residential 8
habilitation centers; or any other facility licensed or certified by 9
the department.10
(7) "Financial exploitation" means the illegal or improper use, 11
control over, or withholding of the property, income, resources, or 12
trust funds of the vulnerable adult by any person or entity for any 13
person's or entity's profit or advantage other than for the 14
vulnerable adult's profit or advantage. "Financial exploitation" 15
includes, but is not limited to:16
(a) The use of deception, intimidation, or undue influence by a 17
person or entit