Re: “Shirley’s Law” Elder and Adult in Need of Protective Services Abuse Registry
On January 1, 2023, HB105 became official. This bill requires The Department of Human Resources to establish and maintain a registry of people convicted of certain crimes or abuse, neglect, or misappropriation of property of an elderly person or adult in need of protective services. This registry will be the Alabama Elder and Adult in Need of Protective Services Abuse Registry. Healthcare facilities, including assisted living and specialty care assisted living facilities, will be required to query this registry for current employees hired after January 1, 2023 and all prospective employees.
HB105 will also require assisted living facilities to report abuse, neglect, misappropriation of property or the reasonable suspicion of such, to DHR or local law enforcement. Any healthcare provider or caregiver that fails to report will be guilty of a Class C misdemeanor.
A link to the final bill is included below, as well as the APS Registry Clearance Form and the Emergency Rule to clarify query of current employees.
http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2022RS/PrintFiles/HB105-enr.pdf
https://dhr.alabama.gov/wp-content/uploads/2023/04/APS-Registry-Clearance-Form-4-26-23.pdf