Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
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Alaska Stat. § 47.30.915(13).
Alaska Stat. § 47.24.900 (11), (21).
Alaska Stat. § 45.56.430(a), (e), (h), (j)(2), (j)(3).
Alaska Stat. § 47.24.120(a).
(Mandated? Permissive?)
A broker-dealer, investment adviser, or qualified individual. (Mandated)
Any other person. (Permissive)
(Y/N)
Yes, a broker-dealer or investment adviser may delay. Alaska Stat. § 45.56.430(d).
Expires when the earlier of the following events occurs: (1) the broker-dealer or investment adviser determines that the disbursement will not result in financial exploitation of the covered adult; (2) 15 business days after the date on which the broker-dealer or investment adviser first delayed the disbursement, unless (A) adult protective services or the administrator requests that the broker-dealer or investment adviser extend the delay, in which case the delay expires 25 business days after the date on which the broker-dealer or investment adviser first delayed disbursement; or (B) adult protective services, the administrator, or the superior court terminates the delay. Alaska Stat. § 45.56.430(e).
A physician or other licensed health care provider, a mental health professional as defined in §AS 47.30.915(1), including a marital and family therapist licensed under AS §08.63; a pharmacist; an administrator of a nursing home, residential care or health care facility; a guardian or conservator; a police officer; a village public safety officer; a village health aide; a social worker; a member of the clergy; a staff employee of a project funded by the Department of Administration for the provision of services to older Alaskans, the Department of Health and Social Services, or the Council on Domestic Violence and Sexual Assault; an employee of a personal care or home health aide program; an emergency medical technician or a mobile intensive care paramedic; a caregiver of the vulnerable adult; a certified nurse aide; an educator or administrative staff member of a public or private educational institution. Alaska Stat. § 47.24.010(a).
Mental Health Professional: A psychiatrist or physician licensed by the State Medical Board to practice in this state or is employed by the federal government, a clinical psychologist licensed by the state Board of Psychologist and Psychological Associate Examiners, a psychological associate trained in clinical psychology and licensed by the Board of Psychologist and Psychological Associate Examiners; a registered nurse with a master’s degree in psychiatric nursing, licensed by the State Board of Nursing; a marital and family therapist licensed by the Board of Marital and Family Therapy; a professional counselor licensed by the Board of Professional Counselors; a clinical social worker licensed by the Board of Social Work Examiners; and a person who (A) has a master’s degree in the field of mental health; (B) has at least 12 months of post-masters working experience in the field of mental illness; and (C) is working under the supervision of a type of licensee listed in this paragraph. Alaska Stat. § 47.30.915(13).
This section does not prohibit a person listed in (a) of this section, or any other person, from reporting cases of undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult that have come to the person’s attention in the person’s nonoccupational capacity. This section does not prohibit any other person from reporting a harm under this section. Alaska Stat. § 47.24.010(d).
If a broker-dealer, investment adviser, or qualified individual reasonably believes that the financial exploitation of a covered adult may have occurred, may have been attempted, or is being attempted, the broker-dealer, investment adviser, or qualified individual shall notify adult protective services and the administrator not later than five days after the broker-dealer, investment adviser, or qualified individual develops the reasonable belief that the financial exploitation or attempted financial exploitation has or may have occurred, or is being attempted, except that the broker-dealer, investment adviser, or qualified individual shall notify adult protective services and the administrator immediately upon confirmation of the financial exploitation or attempted financial exploitation of the covered adult. Alaska Stat. § 45.56.430(a)
Qualified Individual: An agent, investment adviser representative, or other person who is acting in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. Alaska Stat. § 45.56.430(j)(3).
Incapacitated Person: A person whose ability to receive and evaluate information or to communicate decisions is impaired to the extent that the person lacks the ability to provide or arrange for the essential requirements for the person’s physical health or safety without court-ordered assistance. Alaska Stat. § 47.24.900(11).
Vulnerable Adult: A person 18 years of age or older who, because of incapacity, mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, fraud, confinement, or disappearance, is unable to meet the person’s own needs or to seek help without assistance. Alaska Stat. § 47.24.900(21).
Covered Adult: A natural person who is (A) 60 years of age or older or (B) a vulnerable adult. Alaska Stat. § 45.56.430(j)(2).
Yes.
A person who in good faith makes a report under AS 47.24.010, regardless of whether the person is required to do so, is immune from civil or criminal liability that might otherwise be incurred or imposed for making the report. Alaska Stat. § 47.24.120(a).
A broker-dealer, investment adviser, or qualified individual acting in good faith and exercising reasonable care under (a) – (g) of this section is immune from administrative or civil liability for a notification, disclosure, disbursement delay, or record sharing under (a) – (g) of this section. Alaska Stat. § 45.56.430(h).
** Senior Safe Act
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