H. B. 3016
(By Delegates Beane, G. White, Paxton,
Mezzatesta and Stalnaker)
[Passed March 6, 2003; in effect ninety days from passage.]
AN ACT to amend and reenact section eight, article six, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to the confidentiality of
adult protective service records; changing the current
requirement that the adult protective service agency destroy
the records in two years to thirty years.
Be it enacted by the Legislature of West Virginia:
That section eight, article six, chapter nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 6. SOCIAL SERVICES FOR ADULTS.
§9-6-8. Confidentiality of records.
(a) Except as otherwise provided in this section, all records
of the department, state and regional long-term care ombudsmen,
nursing home or facility administrators, the office of health facility licensure and certification and all protective services
agencies concerning an adult or facility resident under this
article shall be confidential and shall not be released, except in
accordance with the provisions of section eleven of this article.
(b) Unless the adult concerned is receiving adult protective
services or unless there are pending proceedings with regard to the
adult, the records maintained by the adult protective services
agency shall be destroyed thirty years following their preparation.
A circuit court or the supreme court of appeals may subpoena such
records, but shall, before permitting their use in connection with
any court proceeding, review the same for relevancy and materiality
to the issues in the proceeding, and may issue such order to limit
the examination and use of such records or any part thereof, having
due regard for the purposes of this article and the requirements of
the litigation as shall be just.