{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1606.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1606.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1606.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1606.html"}],"law_id":62445,"edition_id":1,"section_id":62445,"structure_id":15884,"section_number":"63.2-1606","catch_line":"Protection of aged or incapacitated adults; mandated and voluntary reporting","history":"1977, c. 547, \u00a7 63.1-55.3; 1984, c. 628; 1986, cc. 448, 487; 1990, c. 308; 1991, c. 33; 1994, c. 891; 1997, c. 687; 1999, c. 749; 2001, c. 191; 2002, c. 747; 2004, cc. 749, 1011; 2008, c. 539; 2009, c. 538; 2012, cc. 803, 835; 2013, cc. 72, 331; 2015, c. 108; 2017, c. 195; 2019, cc. 339, 420, 421; 2020, c. 931; 2021, Sp. Sess. I, cc. 207, 208; 2022, cc. 743, 766.","full_text":"A\n\nMatters giving reason to suspect the abuse, neglect or exploitation of adults shall be reported immediately upon the reporting person’s determination that there is such reason to suspect. Medical facilities inspectors of the Department of Health are exempt from reporting suspected abuse immediately while conducting federal inspection surveys in accordance with \u00a7 1864 of Title XVIII and Title XIX of the Social Security Act, as amended, of certified nursing facilities as defined in \u00a7 32.1-123. Reports shall be made to the local department or the adult protective services hotline in accordance with requirements of this section by the following persons acting in their professional capacity:1\n\nAny person licensed, certified, or registered by health regulatory boards listed in § 54.1-2503, with the exception of persons licensed by the Board of Veterinary Medicine;2\n\nAny mental health services provider as defined in § 54.1-2400.1;3\n\nAny emergency medical services provider certified by the Board of Health pursuant to § 32.1-111.5, unless such provider immediately reports the suspected abuse, neglect or exploitation directly to the attending physician at the hospital to which the adult is transported, who shall make such report forthwith;4\n\nAny guardian or conservator of an adult;5\n\nAny person employed by or contracted with a public or private agency or facility and working with adults in an administrative, supportive or direct care capacity;6\n\nAny person providing full, intermittent or occasional care to an adult for compensation, including, but not limited to, companion, chore, homemaker, and personal care workers;7\n\nAny law-enforcement officer; and8\n\nAny person who engages in the practice of behavior analysis, as defined in § 54.1-2900.B\n\nThe report shall be made in accordance with subsection A to the local department of the county or city wherein the adult resides or wherein the adult abuse, neglect or exploitation is believed to have occurred or to the adult protective services hotline. Nothing in this section shall be construed to eliminate or supersede any other obligation to report as required by law. If a person required to report under this section receives information regarding abuse, neglect or exploitation while providing professional services in a hospital, nursing facility or similar institution, then he may, in lieu of reporting, notify the person in charge of the institution or his designee, who shall report such information, in accordance with the institution’s policies and procedures for reporting such matters, immediately upon his determination that there is reason to suspect abuse, neglect or exploitation. Any person required to make the report or notification required by this subsection shall do so either orally or in writing and shall disclose all information that is the basis for the suspicion of adult abuse, neglect or exploitation. Upon request, any person required to make the report shall make available to the adult protective services worker and the local department investigating the reported case of adult abuse, neglect or exploitation any information, records or reports which document the basis for the report. All persons required to report suspected adult abuse, neglect or exploitation shall cooperate with the investigating adult protective services worker of a local department and shall make information, records and reports which are relevant to the investigation available to such worker to the extent permitted by state and federal law. Criminal investigative reports received from law-enforcement agencies shall not be further disseminated by the investigating agency nor shall they be subject to public disclosure; such reports may, however, be disclosed to the Adult Fatality Review Team as provided in § 32.1-283.5 or to a local or regional adult fatality review team as provided in § 32.1-283.6 and, if reviewed by the Team or a local or regional adult fatality review team, shall be subject to applicable confidentiality requirements of the Team or a local or regional adult fatality review team.C\n\nAny financial institution staff who suspects that an adult has been exploited financially may report such suspected financial exploitation and provide supporting information and records to the local department of the county or city wherein the adult resides or wherein the exploitation is believed to have occurred or to the adult protective services hotline.D\n\nAny person other than those specified in subsection A who suspects that an adult is an abused, neglected or exploited adult may report the matter to the local department of the county or city wherein the adult resides or wherein the abuse, neglect or exploitation is believed to have occurred or to the adult protective services hotline.E\n\nAny person who makes a report or provides records or information pursuant to subsection A, C, or D, or who testifies in any judicial proceeding arising from such report, records or information, or who takes or causes to be taken with the adult’s or the adult’s legal representative’s informed consent photographs, video recordings, or appropriate medical imaging of the adult who is subject of a report shall be immune from any civil or criminal liability on account of such report, records, information, photographs, video recordings, appropriate medical imaging or testimony, unless such person acted in bad faith or with a malicious purpose.F\n\nAn employer of a mandated reporter shall not prohibit a mandated reporter from reporting directly to the local department or to the adult protective services hotline. Employers whose employees are mandated reporters shall notify employees upon hiring of the requirement to report.G\n\nAny person 14 years of age or older who makes or causes to be made a report of adult abuse, neglect, or exploitation that he knows to be false is guilty of a Class 4 misdemeanor. Any subsequent conviction of this provision is a Class 2 misdemeanor.H\n\nAny person who fails to make a required report or notification pursuant to subsection A shall be subject to a civil penalty of not more than $500 for the first failure and not less than $100 nor more than $1,000 for any subsequent failures. Civil penalties under subdivision A 7 shall be determined by a court of competent jurisdiction, in its discretion. All other civil penalties under this section shall be determined by the Commissioner for Aging and Rehabilitative Services or his designee. The Commissioner for Aging and Rehabilitative Services shall establish by regulation a process for imposing and collecting civil penalties, and a process for appeal of the imposition of such penalty pursuant to § 2.2-4026 of the Administrative Process Act.I\n\nAny mandated reporter who has reasonable cause to suspect that an adult died as a result of abuse or neglect shall immediately report such suspicion to the appropriate medical examiner and to the appropriate law-enforcement agency, notwithstanding the existence of a death certificate signed by a licensed physician. The medical examiner and the law-enforcement agency shall receive the report and determine if an investigation is warranted. The medical examiner may order an autopsy. If an autopsy is conducted, the medical examiner shall report the findings to law enforcement, as appropriate, and to the local department or to the adult protective services hotline.J\n\nNo person or entity shall be obligated to report any matter if the person or entity has actual knowledge that the same matter has already been reported to the local department or to the adult protective services hotline.K\n\nAll law-enforcement departments and other state and local departments, agencies, authorities and institutions shall cooperate with each adult protective services worker of a local department in the detection, investigation and prevention of adult abuse, neglect and exploitation.L\n\nFinancial institution staff may refuse to execute a transaction, may delay a transaction, or may refuse to disburse funds if the financial institution staff (i) believes in good faith that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an adult or (ii) makes, or has actual knowledge that another person has made, a report to the local department or adult protective services hotline stating a good faith belief that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an adult. The financial institution staff may continue to refuse to execute a transaction, delay a transaction, or refuse to disburse funds for a period no longer than 30 business days after the date upon which such transaction or disbursement was initially requested based on a good faith belief that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an adult, unless otherwise ordered by a court of competent jurisdiction. Upon refusing to execute a transaction, delaying a transaction, or refusing to disburse funds, the financial institution shall report such refusal or delay within five business days to the local department or the adult protective services hotline. Upon request, and to the extent permitted by state and federal law, financial institution staff may report any information or records relevant to a report or investigation to the local department of social services or to a court-appointed guardian ad litem for the adult who is the subject of the investigation. Absent gross negligence or willful misconduct, the financial institution and its staff shall be immune from civil or criminal liability for (a) providing information or records to the local department of social services or to a court-appointed guardian ad litem or (b) refusing to execute a transaction, delaying a transaction, or refusing to disburse funds pursuant to this subsection. The authority of a financial institution staff to refuse to execute a transaction, to delay a transaction, or to refuse to disburse funds pursuant to this subsection shall not be contingent upon whether financial institution staff has reported suspected financial exploitation of the adult pursuant to subsection C.","order_by":null,"text":{"0":{"id":227717,"text":"Matters giving reason to suspect the abuse, neglect or exploitation of adults shall be reported immediately upon the reporting person’s determination that there is such reason to suspect. Medical facilities inspectors of the Department of Health are exempt from reporting suspected abuse immediately while conducting federal inspection surveys in accordance with \u00a7 1864 of Title XVIII and Title XIX of the Social Security Act, as amended, of certified nursing facilities as defined in \u00a7 32.1-123. Reports shall be made to the local department or the adult protective services hotline in accordance with requirements of this section by the following persons acting in their professional capacity:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":227718,"text":"Any person licensed, certified, or registered by health regulatory boards listed in § 54.1-2503, with the exception of persons licensed by the Board of Veterinary Medicine;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":227719,"text":"Any mental health services provider as defined in § 54.1-2400.1;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":227720,"text":"Any emergency medical services provider certified by the Board of Health pursuant to § 32.1-111.5, unless such provider immediately reports the suspected abuse, neglect or exploitation directly to the attending physician at the hospital to which the adult is transported, who shall make such report forthwith;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":227721,"text":"Any guardian or conservator of an adult;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":227722,"text":"Any person employed by or contracted with a public or private agency or facility and working with adults in an administrative, supportive or direct care capacity;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":227723,"text":"Any person providing full, intermittent or occasional care to an adult for compensation, including, but not limited to, companion, chore, homemaker, and personal care workers;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":227724,"text":"Any law-enforcement officer; and","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":227725,"text":"Any person who engages in the practice of behavior analysis, as defined in § 54.1-2900.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":227726,"text":"The report shall be made in accordance with subsection A to the local department of the county or city wherein the adult resides or wherein the adult abuse, neglect or exploitation is believed to have occurred or to the adult protective services hotline. Nothing in this section shall be construed to eliminate or supersede any other obligation to report as required by law. If a person required to report under this section receives information regarding abuse, neglect or exploitation while providing professional services in a hospital, nursing facility or similar institution, then he may, in lieu of reporting, notify the person in charge of the institution or his designee, who shall report such information, in accordance with the institution’s policies and procedures for reporting such matters, immediately upon his determination that there is reason to suspect abuse, neglect or exploitation. Any person required to make the report or notification required by this subsection shall do so either orally or in writing and shall disclose all information that is the basis for the suspicion of adult abuse, neglect or exploitation. Upon request, any person required to make the report shall make available to the adult protective services worker and the local department investigating the reported case of adult abuse, neglect or exploitation any information, records or reports which document the basis for the report. All persons required to report suspected adult abuse, neglect or exploitation shall cooperate with the investigating adult protective services worker of a local department and shall make information, records and reports which are relevant to the investigation available to such worker to the extent permitted by state and federal law. Criminal investigative reports received from law-enforcement agencies shall not be further disseminated by the investigating agency nor shall they be subject to public disclosure; such reports may, however, be disclosed to the Adult Fatality Review Team as provided in § 32.1-283.5 or to a local or regional adult fatality review team as provided in § 32.1-283.6 and, if reviewed by the Team or a local or regional adult fatality review team, shall be subject to applicable confidentiality requirements of the Team or a local or regional adult fatality review team.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8","next_prefix":"C"},"10":{"id":227727,"text":"Any financial institution staff who suspects that an adult has been exploited financially may report such suspected financial exploitation and provide supporting information and records to the local department of the county or city wherein the adult resides or wherein the exploitation is believed to have occurred or to the adult protective services hotline.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"11":{"id":227728,"text":"Any person other than those specified in subsection A who suspects that an adult is an abused, neglected or exploited adult may report the matter to the local department of the county or city wherein the adult resides or wherein the abuse, neglect or exploitation is believed to have occurred or to the adult protective services hotline.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"12":{"id":227729,"text":"Any person who makes a report or provides records or information pursuant to subsection A, C, or D, or who testifies in any judicial proceeding arising from such report, records or information, or who takes or causes to be taken with the adult’s or the adult’s legal representative’s informed consent photographs, video recordings, or appropriate medical imaging of the adult who is subject of a report shall be immune from any civil or criminal liability on account of such report, records, information, photographs, video recordings, appropriate medical imaging or testimony, unless such person acted in bad faith or with a malicious purpose.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"13":{"id":227730,"text":"An employer of a mandated reporter shall not prohibit a mandated reporter from reporting directly to the local department or to the adult protective services hotline. Employers whose employees are mandated reporters shall notify employees upon hiring of the requirement to report.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"14":{"id":227731,"text":"Any person 14 years of age or older who makes or causes to be made a report of adult abuse, neglect, or exploitation that he knows to be false is guilty of a Class 4 misdemeanor. Any subsequent conviction of this provision is a Class 2 misdemeanor.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"15":{"id":227732,"text":"Any person who fails to make a required report or notification pursuant to subsection A shall be subject to a civil penalty of not more than $500 for the first failure and not less than $100 nor more than $1,000 for any subsequent failures. Civil penalties under subdivision A 7 shall be determined by a court of competent jurisdiction, in its discretion. All other civil penalties under this section shall be determined by the Commissioner for Aging and Rehabilitative Services or his designee. The Commissioner for Aging and Rehabilitative Services shall establish by regulation a process for imposing and collecting civil penalties, and a process for appeal of the imposition of such penalty pursuant to § 2.2-4026 of the Administrative Process Act.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"16":{"id":227733,"text":"Any mandated reporter who has reasonable cause to suspect that an adult died as a result of abuse or neglect shall immediately report such suspicion to the appropriate medical examiner and to the appropriate law-enforcement agency, notwithstanding the existence of a death certificate signed by a licensed physician. The medical examiner and the law-enforcement agency shall receive the report and determine if an investigation is warranted. The medical examiner may order an autopsy. If an autopsy is conducted, the medical examiner shall report the findings to law enforcement, as appropriate, and to the local department or to the adult protective services hotline.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"17":{"id":227734,"text":"No person or entity shall be obligated to report any matter if the person or entity has actual knowledge that the same matter has already been reported to the local department or to the adult protective services hotline.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"18":{"id":227735,"text":"All law-enforcement departments and other state and local departments, agencies, authorities and institutions shall cooperate with each adult protective services worker of a local department in the detection, investigation and prevention of adult abuse, neglect and exploitation.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"19":{"id":227736,"text":"Financial institution staff may refuse to execute a transaction, may delay a transaction, or may refuse to disburse funds if the financial institution staff (i) believes in good faith that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an adult or (ii) makes, or has actual knowledge that another person has made, a report to the local department or adult protective services hotline stating a good faith belief that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an adult. The financial institution staff may continue to refuse to execute a transaction, delay a transaction, or refuse to disburse funds for a period no longer than 30 business days after the date upon which such transaction or disbursement was initially requested based on a good faith belief that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an adult, unless otherwise ordered by a court of competent jurisdiction. Upon refusing to execute a transaction, delaying a transaction, or refusing to disburse funds, the financial institution shall report such refusal or delay within five business days to the local department or the adult protective services hotline. Upon request, and to the extent permitted by state and federal law, financial institution staff may report any information or records relevant to a report or investigation to the local department of social services or to a court-appointed guardian ad litem for the adult who is the subject of the investigation. Absent gross negligence or willful misconduct, the financial institution and its staff shall be immune from civil or criminal liability for (a) providing information or records to the local department of social services or to a court-appointed guardian ad litem or (b) refusing to execute a transaction, delaying a transaction, or refusing to disburse funds pursuant to this subsection. The authority of a financial institution staff to refuse to execute a transaction, to delay a transaction, or to refuse to disburse funds pursuant to this subsection shall not be contingent upon whether financial institution staff has reported suspected financial exploitation of the adult pursuant to subsection C.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K"}},"ancestry":[{"id":15884,"edition_id":1,"name":"Adult Protective Services","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14920,"metadata":{},"date_created":"2026-06-26 04:01:12","date_modified":"2026-06-26 04:01:12","permalink":{"id":271909,"object_type":"structure","relational_id":15884,"identifier":"2","token":"63.2\/III\/16\/2","url":"\/63.2\/III\/16\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14920,"edition_id":1,"name":"Adult Services","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:50:47","date_modified":"2026-06-26 03:50:47","permalink":{"id":271885,"object_type":"structure","relational_id":14920,"identifier":"16","token":"63.2\/III\/16","url":"\/63.2\/III\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61453,"structure_id":15884,"section_number":"63.2-1603","catch_line":"Protection of adults; definitions","url":"\/63.2-1603\/","token":"63.2\/III\/16\/2\/63.2-1603","metadata":false},{"id":72575,"structure_id":15884,"section_number":"63.2-1604","catch_line":"Repealed","url":"\/63.2-1604\/","token":"63.2\/III\/16\/2\/63.2-1604","metadata":false},{"id":84089,"structure_id":15884,"section_number":"63.2-1605","catch_line":"Protective services for adults by local departments","url":"\/63.2-1605\/","token":"63.2\/III\/16\/2\/63.2-1605","metadata":false},{"id":62445,"structure_id":15884,"section_number":"63.2-1606","catch_line":"Protection of aged or incapacitated adults; mandated and voluntary reporting","url":"\/63.2-1606\/","token":"63.2\/III\/16\/2\/63.2-1606","metadata":false},{"id":83192,"structure_id":15884,"section_number":"63.2-1606.1","catch_line":"Photographs, X-rays and medical imaging of incapacitated persons; use as evidence","url":"\/63.2-1606.1\/","token":"63.2\/III\/16\/2\/63.2-1606.1","metadata":false},{"id":71782,"structure_id":15884,"section_number":"63.2-1607","catch_line":"Repealed","url":"\/63.2-1607\/","token":"63.2\/III\/16\/2\/63.2-1607","metadata":false},{"id":77550,"structure_id":15884,"section_number":"63.2-1608","catch_line":"Involuntary adult protective services","url":"\/63.2-1608\/","token":"63.2\/III\/16\/2\/63.2-1608","metadata":false},{"id":64804,"structure_id":15884,"section_number":"63.2-1609","catch_line":"Emergency order for adult protective services","url":"\/63.2-1609\/","token":"63.2\/III\/16\/2\/63.2-1609","metadata":false},{"id":77528,"structure_id":15884,"section_number":"63.2-1610","catch_line":"Voluntary adult protective services","url":"\/63.2-1610\/","token":"63.2\/III\/16\/2\/63.2-1610","metadata":false}],"previous_section":{"id":84089,"structure_id":15884,"section_number":"63.2-1605","catch_line":"Protective services for adults by local departments","url":"\/63.2-1605\/","token":"63.2\/III\/16\/2\/63.2-1605","metadata":false},"next_section":{"id":83192,"structure_id":15884,"section_number":"63.2-1606.1","catch_line":"Photographs, X-rays and medical imaging of incapacitated persons; use as evidence","url":"\/63.2-1606.1\/","token":"63.2\/III\/16\/2\/63.2-1606.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1606\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 547 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 19 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1984, chapter 628; in 1986, chapters 448 and 487; in 1990, chapter 308; in 1991, chapter 33; in 1994, chapter 891<\/a>; in 1997, chapter 687<\/a>; in 1999, chapter 749<\/a>; in 2001, chapter 191<\/a>; in 2002, chapter 747<\/a>; in 2004, chapters 749<\/a> and 1011<\/a>; in 2008, chapter 539<\/a>; in 2009, chapter 538<\/a>; in 2012, chapters 803<\/a> and 835<\/a>; in 2013, chapters 72<\/a> and 331<\/a>; in 2015, chapter 108<\/a>; in 2017, chapter 195<\/a>; in 2019, chapters 339<\/a>, 420<\/a>, and 421<\/a>; in 2020, chapter 931<\/a>; in 2022, chapters 743<\/a> and 766<\/a>.<\/p>","references":[{"id":85883,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","order_by":null,"url":"\/32.1-127\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":86142,"section_number":"32.1-162.15:4","catch_line":"Treatment services","order_by":null,"url":"\/32.1-162.15_4\/"},{"id":84089,"section_number":"63.2-1605","catch_line":"Protective services for adults by local departments","order_by":null,"url":"\/63.2-1605\/"},{"id":83472,"section_number":"63.2-1805","catch_line":"Admissions and discharge; mandatory minimum liability insurance","order_by":null,"url":"\/63.2-1805\/"}],"refers_to":[{"id":76087,"section_number":"2.2-4026","catch_line":"Right, forms, venue; date of adoption or readoption for purposes of appeal","order_by":null,"url":"\/2.2-4026\/"},{"id":74243,"section_number":"32.1-111.5","catch_line":"Certification and recertification of emergency medical services providers; appeals process","order_by":null,"url":"\/32.1-111.5\/"},{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":60499,"section_number":"32.1-283.5","catch_line":"Adult Fatality Review Team; duties; membership; confidentiality; penalties; report; etc","order_by":null,"url":"\/32.1-283.5\/"},{"id":66954,"section_number":"32.1-283.6","catch_line":"Local and regional adult fatality review teams established; membership; authority; confidentiality; immunity","order_by":null,"url":"\/32.1-283.6\/"},{"id":69157,"section_number":"54.1-2400.1","catch_line":"Mental health service providers; duty to protect third parties; immunity","order_by":null,"url":"\/54.1-2400.1\/"},{"id":55191,"section_number":"54.1-2503","catch_line":"Boards within Department","order_by":null,"url":"\/54.1-2503\/"}],"permalink":{"id":271923,"object_type":"law","relational_id":62445,"identifier":"63.2-1606","token":"63.2\/III\/16\/2\/63.2-1606","url":"\/63.2-1606\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1606\/","token":"63.2\/III\/16\/2\/63.2-1606","dublin_core":{"Title":"Protection of aged or incapacitated adults; mandated and voluntary reporting","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1606","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Matters giving reason to suspect the abuse, neglect or exploitation of adults<\/span> shall be reported immediately upon the reporting person’s determination that there is such reason to suspect. Medical facilities inspectors of the Department of Health are exempt from reporting suspected abuse immediately while conducting federal inspection surveys in accordance with \u00a7 1864 of Title XVIII and Title XIX of the Social Security Act, as amended, of certified nursing facilities as defined in \u00a7 32.1-123<\/a>. Reports shall be made to the local department<\/span> or the adult protective services<\/span> hotline in accordance with requirements of this section by the following persons acting in their professional capacity: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any person licensed, certified, or registered by health regulatory boards<\/span> listed in § 54.1-2503<\/a>, with the exception of persons licensed by the Board<\/span> of Veterinary Medicine; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any mental health services provider as defined in § 54.1-2400.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any emergency<\/span> medical services provider certified by the Board<\/span> of Health pursuant to § 32.1-111.5<\/a>, unless such provider immediately reports the suspected abuse, neglect or exploitation directly to the attending physician at the hospital to which the adult is transported, who shall make such report forthwith; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any guardian or conservator of an adult; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any person employed by or contracted with a public or private agency or facility and working with adults<\/span> in an administrative, supportive or direct care capacity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any person providing full, intermittent or occasional care to an adult for compensation, including, but not limited to, companion, chore, homemaker, and personal care workers; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any law<\/span>-enforcement officer; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any person who engages in the practice of behavior analysis, as defined in § 54.1-2900<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The report shall be made in accordance with subsection A to the local department<\/span> of the county or city wherein the adult resides or wherein the adult abuse<\/span>, neglect or exploitation is believed to have occurred or to the adult protective services<\/span> hotline. Nothing in this section shall be construed to eliminate or supersede any other obligation to report as required by law<\/span>. If a person required to report under this section receives information regarding abuse, neglect or exploitation while providing professional services in a hospital, nursing facility or similar institution, then he may, in lieu of reporting, notify the person in charge of the institution or his designee, who shall report such information, in accordance with the institution’s policies and procedures for reporting such matters, immediately upon his determination that there is reason to suspect abuse, neglect or exploitation. Any person required to make the report or notification required by this subsection shall do so either orally or in writing and shall disclose all information that is the basis for the suspicion of adult abuse<\/span>, neglect or exploitation. Upon request, any person required to make the report shall make available to the adult protective services<\/span> worker and the local department<\/span> investigating the reported case of adult abuse<\/span>, neglect or exploitation any information, records or reports which document the basis for the report. All persons required to report suspected adult abuse<\/span>, neglect or exploitation shall cooperate with the investigating adult protective services<\/span> worker of a local department<\/span> and shall make information, records and reports which are relevant to the investigation available to such worker to the extent permitted by state and federal law<\/span>. Criminal investigative reports received from law<\/span>-enforcement agencies shall not be further disseminated by the investigating agency nor shall they be subject to public disclosure; such reports may, however, be disclosed to the Adult Fatality Review Team as provided in § 32.1-283.5<\/a> or to a local or regional adult fatality review team as provided in § 32.1-283.6<\/a> and, if reviewed by the Team or a local or regional adult fatality review team, shall be subject to applicable confidentiality requirements of the Team or a local or regional adult fatality review team. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any financial institution staff<\/span> who suspects that an adult has been exploited financially may report such suspected financial exploitation<\/span> and provide supporting information and records to the local department<\/span> of the county or city wherein the adult resides or wherein the exploitation is believed to have occurred or to the adult protective services<\/span> hotline. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person other than those specified in subsection A who suspects that an adult is an abused, neglected or exploited adult may report the matter to the local department<\/span> of the county or city wherein the adult resides or wherein the abuse, neglect or exploitation is believed to have occurred or to the adult protective services<\/span> hotline. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any person who makes a report or provides records or information pursuant to subsection A, C, or D, or who testifies in any judicial proceeding arising from such report, records or information, or who takes or causes to be taken with the adult’s or the adult’s legal representative’s informed consent photographs, video recordings, or appropriate medical imaging of the adult who is subject of a report shall be immune from any civil or criminal liability on account of such report, records, information, photographs, video recordings, appropriate medical imaging or testimony<\/span>, unless such person acted in bad faith or with a malicious<\/span> purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> An employer of a mandated reporter shall not prohibit a mandated reporter from reporting directly to the local department<\/span> or to the adult protective services<\/span> hotline. Employers whose employees are mandated reporters shall notify employees upon hiring of the requirement to report. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any person 14 years of age or older who makes or causes to be made a report of adult abuse<\/span>, neglect, or exploitation that he knows to be false is guilty of a Class 4 misdemeanor<\/span>. Any subsequent conviction<\/span> of this provision is a Class 2 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any person who fails to make a required report or notification pursuant to subsection A shall be subject to a civil penalty<\/span> of not more than $500 for the first failure and not less than $100 nor more than $1,000 for any subsequent failures. Civil penalties under subdivision A 7 shall be determined by a court<\/span> of competent jurisdiction<\/span>, in its discretion. All other civil penalties under this section shall be determined by the Commissioner<\/span> for Aging and Rehabilitative Services or his designee. The Commissioner<\/span> for Aging and Rehabilitative Services shall establish by regulation a process for imposing and collecting civil penalties, and a process for appeal<\/span> of the imposition of such penalty<\/span> pursuant to § 2.2-4026<\/a> of the Administrative Process Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Any mandated reporter who has reasonable cause to suspect that an adult died as a result of abuse or neglect shall immediately report such suspicion to the appropriate medical examiner and to the appropriate law<\/span>-enforcement agency, notwithstanding the existence of a death certificate signed by a licensed physician. The medical examiner and the law<\/span>-enforcement agency shall receive the report and determine if an investigation is warranted. The medical examiner may order<\/span> an autopsy. If an autopsy is conducted, the medical examiner shall report the findings<\/span> to law<\/span> enforcement, as appropriate, and to the local department<\/span> or to the adult protective services<\/span> hotline. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> No person or entity shall be obligated to report any matter if the person or entity has actual knowledge that the same matter has already been reported to the local department<\/span> or to the adult protective services<\/span> hotline. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> All law<\/span>-enforcement departments and other state and local departments<\/span>, agencies, authorities and institutions shall cooperate with each adult protective services<\/span> worker of a local department<\/span> in the detection, investigation and prevention of adult abuse<\/span>, neglect and exploitation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Financial institution staff<\/span> may refuse to execute a transaction, may delay a transaction, or may refuse to disburse funds if the financial institution staff<\/span> (i) believes in good faith that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation<\/span> of an adult or (ii) makes, or has actual knowledge that another person has made, a report to the local department<\/span> or adult protective services<\/span> hotline stating a good faith belief that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation<\/span> of an adult. The financial institution staff<\/span> may continue to refuse to execute a transaction, delay a transaction, or refuse to disburse funds for a period no longer than 30 business days after the date upon which such transaction or disbursement was initially requested based on a good faith belief that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation<\/span> of an adult, unless otherwise ordered by a court<\/span> of competent jurisdiction<\/span>. Upon refusing to execute a transaction, delaying a transaction, or refusing to disburse funds, the financial institution shall report such refusal or delay within five business days to the local department<\/span> or the adult protective services<\/span> hotline. Upon request, and to the extent permitted by state and federal law<\/span>, financial institution staff<\/span> may report any information or records relevant to a report or investigation to the local department<\/span> of social services<\/span> or to a court<\/span>-appointed guardian ad litem<\/span> for the adult who is the subject of the investigation. Absent gross negligence<\/span> or willful misconduct, the financial institution and its staff shall be immune from civil or criminal liability for (a) providing information or records to the local department<\/span> of social services<\/span> or to a court<\/span>-appointed guardian ad litem<\/span> or (b) refusing to execute a transaction, delaying a transaction, or refusing to disburse funds pursuant to this subsection. The authority of a financial institution staff<\/span> to refuse to execute a transaction, to delay a transaction, or to refuse to disburse funds pursuant to this subsection shall not be contingent upon whether financial institution staff<\/span> has reported suspected financial exploitation<\/span> of the adult pursuant to subsection C. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROTECTION OF AGED OR INCAPACITATED ADULTS; MANDATED AND VOLUNTARY REPORTING (\u00a7\n63.2-1606)\n\nA. Matters giving reason to suspect the abuse, neglect or exploitation of adults\nshall be reported immediately upon the reporting person’s determination\nthat there is such reason to suspect. Medical facilities inspectors of the\nDepartment of Health are exempt from reporting suspected abuse immediately while\nconducting federal inspection surveys in accordance with \u00a7 1864 of Title XVIII\nand Title XIX of the Social Security Act, as amended, of certified nursing\nfacilities as defined in \u00a7 32.1-123. Reports shall be made to the local\ndepartment or the adult protective services hotline in accordance with\nrequirements of this section by the following persons acting in their\nprofessional capacity:\n\n 1. Any person licensed, certified, or registered by health regulatory boards\n listed in § 54.1-2503, with the exception of persons licensed by the\n Board of Veterinary Medicine;\n\n 2. Any mental health services provider as defined in § 54.1-2400.1;\n\n 3. Any emergency medical services provider certified by the Board of Health\n pursuant to § 32.1-111.5, unless such provider immediately reports the\n suspected abuse, neglect or exploitation directly to the attending physician\n at the hospital to which the adult is transported, who shall make such report\n forthwith;\n\n 4. Any guardian or conservator of an adult;\n\n 5. Any person employed by or contracted with a public or private agency or\n facility and working with adults in an administrative, supportive or direct\n care capacity;\n\n 6. Any person providing full, intermittent or occasional care to an adult for\n compensation, including, but not limited to, companion, chore, homemaker, and\n personal care workers;\n\n 7. Any law-enforcement officer; and\n\n 8. Any person who engages in the practice of behavior analysis, as defined in\n § 54.1-2900.\n\nB. The report shall be made in accordance with subsection A to the local\ndepartment of the county or city wherein the adult resides or wherein the adult\nabuse, neglect or exploitation is believed to have occurred or to the adult\nprotective services hotline. Nothing in this section shall be construed to\neliminate or supersede any other obligation to report as required by law. If a\nperson required to report under this section receives information regarding\nabuse, neglect or exploitation while providing professional services in a\nhospital, nursing facility or similar institution, then he may, in lieu of\nreporting, notify the person in charge of the institution or his designee, who\nshall report such information, in accordance with the institution’s\npolicies and procedures for reporting such matters, immediately upon his\ndetermination that there is reason to suspect abuse, neglect or exploitation.\nAny person required to make the report or notification required by this\nsubsection shall do so either orally or in writing and shall disclose all\ninformation that is the basis for the suspicion of adult abuse, neglect or\nexploitation. Upon request, any person required to make the report shall make\navailable to the adult protective services worker and the local department\ninvestigating the reported case of adult abuse, neglect or exploitation any\ninformation, records or reports which document the basis for the report. All\npersons required to report suspected adult abuse, neglect or exploitation shall\ncooperate with the investigating adult protective services worker of a local\ndepartment and shall make information, records and reports which are relevant to\nthe investigation available to such worker to the extent permitted by state and\nfederal law. Criminal investigative reports received from law-enforcement\nagencies shall not be further disseminated by the investigating agency nor shall\nthey be subject to public disclosure; such reports may, however, be disclosed to\nthe Adult Fatality Review Team as provided in § 32.1-283.5 or to a local or\nregional adult fatality review team as provided in § 32.1-283.6 and, if\nreviewed by the Team or a local or regional adult fatality review team, shall be\nsubject to applicable confidentiality requirements of the Team or a local or\nregional adult fatality review team.\n\nC. Any financial institution staff who suspects that an adult has been exploited\nfinancially may report such suspected financial exploitation and provide\nsupporting information and records to the local department of the county or city\nwherein the adult resides or wherein the exploitation is believed to have\noccurred or to the adult protective services hotline.\n\nD. Any person other than those specified in subsection A who suspects that an\nadult is an abused, neglected or exploited adult may report the matter to the\nlocal department of the county or city wherein the adult resides or wherein the\nabuse, neglect or exploitation is believed to have occurred or to the adult\nprotective services hotline.\n\nE. Any person who makes a report or provides records or information pursuant to\nsubsection A, C, or D, or who testifies in any judicial proceeding arising from\nsuch report, records or information, or who takes or causes to be taken with the\nadult’s or the adult’s legal representative’s informed consent\nphotographs, video recordings, or appropriate medical imaging of the adult who\nis subject of a report shall be immune from any civil or criminal liability on\naccount of such report, records, information, photographs, video recordings,\nappropriate medical imaging or testimony, unless such person acted in bad faith\nor with a malicious purpose.\n\nF. An employer of a mandated reporter shall not prohibit a mandated reporter\nfrom reporting directly to the local department or to the adult protective\nservices hotline. Employers whose employees are mandated reporters shall notify\nemployees upon hiring of the requirement to report.\n\nG. Any person 14 years of age or older who makes or causes to be made a report\nof adult abuse, neglect, or exploitation that he knows to be false is guilty of\na Class 4 misdemeanor. Any subsequent conviction of this provision is a Class 2\nmisdemeanor.\n\nH. Any person who fails to make a required report or notification pursuant to\nsubsection A shall be subject to a civil penalty of not more than $500 for the\nfirst failure and not less than $100 nor more than $1,000 for any subsequent\nfailures. Civil penalties under subdivision A 7 shall be determined by a court\nof competent jurisdiction, in its discretion. All other civil penalties under\nthis section shall be determined by the Commissioner for Aging and\nRehabilitative Services or his designee. The Commissioner for Aging and\nRehabilitative Services shall establish by regulation a process for imposing and\ncollecting civil penalties, and a process for appeal of the imposition of such\npenalty pursuant to § 2.2-4026 of the Administrative Process Act.\n\nI. Any mandated reporter who has reasonable cause to suspect that an adult died\nas a result of abuse or neglect shall immediately report such suspicion to the\nappropriate medical examiner and to the appropriate law-enforcement agency,\nnotwithstanding the existence of a death certificate signed by a licensed\nphysician. The medical examiner and the law-enforcement agency shall receive the\nreport and determine if an investigation is warranted. The medical examiner may\norder an autopsy. If an autopsy is conducted, the medical examiner shall report\nthe findings to law enforcement, as appropriate, and to the local department or\nto the adult protective services hotline.\n\nJ. No person or entity shall be obligated to report any matter if the person or\nentity has actual knowledge that the same matter has already been reported to\nthe local department or to the adult protective services hotline.\n\nK. All law-enforcement departments and other state and local departments,\nagencies, authorities and institutions shall cooperate with each adult\nprotective services worker of a local department in the detection, investigation\nand prevention of adult abuse, neglect and exploitation.\n\nL. Financial institution staff may refuse to execute a transaction, may delay a\ntransaction, or may refuse to disburse funds if the financial institution staff\n(i) believes in good faith that the transaction or disbursement may involve,\nfacilitate, result in, or contribute to the financial exploitation of an adult\nor (ii) makes, or has actual knowledge that another person has made, a report to\nthe local department or adult protective services hotline stating a good faith\nbelief that the transaction or disbursement may involve, facilitate, result in,\nor contribute to the financial exploitation of an adult. The financial\ninstitution staff may continue to refuse to execute a transaction, delay a\ntransaction, or refuse to disburse funds for a period no longer than 30 business\ndays after the date upon which such transaction or disbursement was initially\nrequested based on a good faith belief that the transaction or disbursement may\ninvolve, facilitate, result in, or contribute to the financial exploitation of\nan adult, unless otherwise ordered by a court of competent jurisdiction. Upon\nrefusing to execute a transaction, delaying a transaction, or refusing to\ndisburse funds, the financial institution shall report such refusal or delay\nwithin five business days to the local department or the adult protective\nservices hotline. Upon request, and to the extent permitted by state and federal\nlaw, financial institution staff may report any information or records relevant\nto a report or investigation to the local department of social services or to a\ncourt-appointed guardian ad litem for the adult who is the subject of the\ninvestigation. Absent gross negligence or willful misconduct, the financial\ninstitution and its staff shall be immune from civil or criminal liability for\n(a) providing information or records to the local department of social services\nor to a court-appointed guardian ad litem or (b) refusing to execute a\ntransaction, delaying a transaction, or refusing to disburse funds pursuant to\nthis subsection. The authority of a financial institution staff to refuse to\nexecute a transaction, to delay a transaction, or to refuse to disburse funds\npursuant to this subsection shall not be contingent upon whether financial\ninstitution staff has reported suspected financial exploitation of the adult\npursuant to subsection C.\n\nHISTORY: 1977, c. 547, \u00a7 63.1-55.3; 1984, c. 628; 1986, cc. 448, 487; 1990, c.\n308; 1991, c. 33; 1994, c. 891; 1997, c. 687; 1999, c. 749; 2001, c. 191; 2002,\nc. 747; 2004, cc. 749, 1011; 2008, c. 539; 2009, c. 538; 2012, cc. 803, 835;\n2013, cc. 72, 331; 2015, c. 108; 2017, c. 195; 2019, cc. 339, 420, 421; 2020, c.\n931; 2021, Sp. Sess. I, cc. 207, 208; 2022, cc. 743, 766.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}