H. B. 3016
(By Delegates Beane, G. White, Paxton,
Mezzatesta and Stalnaker)
[Introduced February 14, 2003; referred to the
Committee on Government Organization then the Judiciary.]
A BILL 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
two 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would