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SB807 • 2025

An Act amending the act of November 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, in administration, further providing for immunity from civil and criminal liability; in reporting suspected abuse by employees, further providing for reports to department and coroner, for restrictions on employees, for confidentiality of and access to confidential reports and for penalties; providing for Older Adult Abuse Registry; and imposing penalties.

An Act amending the act of November 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, in administration, further providing for immunity from civil and criminal liability; in reporting suspected abuse by employees, further providing for reports to department and coroner, for restrictions on employees, for confidentiality of and access to confidential reports and for penalties; providing for Older Adult Abuse Registry; and imposing penalties.

Labor
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
CULVER
Last action
2026-06-18
Official status
Referred to AGING AND YOUTH, June 18, 2026
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

An Act amending the act of November 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, in administration, further providing for immunity from civil and criminal liability; in reporting suspected abuse by employees, further providing for reports to department and coroner, for restrictions on employees, for confidentiality of and access to confidential reports and for penalties; providing for Older Adult Abuse Registry; and imposing penalties.

An Act amending the act of November 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, in administration, further providing for immunity from civil and criminal liability; in reporting suspected abuse by employees, further providing for reports to department and coroner, for restrictions on employees, for confidentiality of and access to confidential reports and for penalties; providing for Older Adult Abuse Registry; and imposing penalties.

What This Bill Does

  • An Act amending the act of November 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, in administration, further providing for immunity from civil and criminal liability; in reporting suspected abuse by employees, further providing for reports to department and coroner, for restrictions on employees, for confidentiality of and access to confidential reports and for penalties; providing for Older Adult Abuse Registry; and imposing penalties.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-06-18 AGING AND YOUTH

    Referred to AGING AND YOUTH, June 18, 2026

Official Summary Text

An Act amending the act of November 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, in administration, further providing for immunity from civil and criminal liability; in reporting suspected abuse by employees, further providing for reports to department and coroner, for restrictions on employees, for confidentiality of and access to confidential reports and for penalties; providing for Older Adult Abuse Registry; and imposing penalties.

Current Bill Text

Read the full stored bill text
PRINTER'S NO. 1823
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 807
Session of
2026
INTRODUCED BY CULVER, MASTRIANO, FONTANA, KIM, TARTAGLIONE,
VOGEL, KANE, BAKER, STEFANO AND DUSH, JUNE 18, 2026
REFERRED TO AGING AND YOUTH, JUNE 18, 2026
AN ACT
Amending the act of November 6, 1987 (P.L.381, No.79), entitled
"An act relating to the protection of the abused, neglected,
exploited or abandoned elderly; establishing a uniform
Statewide reporting and investigative system for suspected
abuse, neglect, exploitation or abandonment of the elderly;
providing protective services; providing for funding; and
making repeals," in administration, further providing for
immunity from civil and criminal liability; in reporting
suspected abuse by employees, further providing for reports
to department and coroner, for restrictions on employees, for
confidentiality of and access to confidential reports and for
penalties; providing for Older Adult Abuse Registry; and
imposing penalties.
This act may be referred to as Alice's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The General Assembly finds and declares that
there is a compelling State interest to protect older adults
from abuse, neglect, exploitation and abandonment. To further
this interest, it is necessary to establish an Older Adult Abuse
Registry to document incidents of abuse and prohibit individuals
who have harmed older adults from being employed in settings
serving vulnerable populations. Maintaining such records is
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essential to public safety and justifiably outweighs competing
privacy concerns, as limited and regulated disclosure plays a
critical role in safeguarding older adults from harm.
Section 2. Section 305 of the act of November 6, 1987
(P.L.381, No.79), known as the Older Adults Protective Services
Act, is amended to read:
Section 305. Immunity from civil and criminal liability.
In the absence of willful misconduct or gross negligence, the
agency, the director, employees of the agency, protective
services workers or employees of the department shall not be
civilly or criminally liable for any decision or action or
resulting consequence of decisions or action when acting under
and according to the provisions of this chapter and Chapter 9.
Section 3. Section 702(a) of the act is amended by adding a
paragraph to read:
Section 702. Reports to department and coroner.
(a) Department.--
* * *
(3) Beginning upon the establishment of the Older Adult
Abuse Registry, upon receipt of a report under paragraph (1),
the department shall place the name of the alleged
perpetrator who is an employee on the Older Adult Abuse
Registry as provided for under Chapter 9.
* * *
Section 4. Section 704(b) of the act is amended to read:
Section 704. Restrictions on employees.
* * *
(b) [Prohibition] Suspension and termination.--
(1) Upon the filing of criminal charges against an
employee, the Commonwealth agency which licenses the facility
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shall order the facility to immediately [prohibit that
employee from having access to recipients at the facility. If
that employee is a director, operator, administrator or
supervisor, that employee shall be subject to restrictions
deemed appropriate by the Commonwealth agency which licenses
the facility to assure the safety of recipients of the
facility.] suspend the employee and, if convicted, terminate
the employee.
(2) Upon accessing the Older Adult Abuse Registry under
section 903(a)(2), if a facility or temporary health care
services agency finds that a current employee has a profile
on the registry, the facility shall terminate the employee.
Section 5. Section 705(a), (c) and (e) of the act are
amended and subsection (b) is amended by adding a paragraph to
read:
Section 705. Confidentiality of and access to confidential
reports.
(a) General rule.--Except as provided in subsection (b) and
Chapter 9, a report under this chapter shall be confidential.
(b) Exceptions.--A report under this chapter shall be made
available to all of the following:
* * *
(11) The department as provided for under Chapter 9.
(c) Excision of certain names.--[The] Except as provided
under Chapter 9, the name of the person suspected of committing
the abuse shall be excised from a report made available under
subsection (b)(4), (5) and (10).
* * *
(e) Protecting identity of person making report.--Except as
provided under Chapter 9 and for reports to law enforcement
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officials, the release of data that would identify the
individual who made a report under this chapter or an individual
who cooperated in a subsequent investigation is prohibited. Law
enforcement officials shall treat all reporting sources as
confidential information.
Section 6. Section 706 of the act is amended to read:
Section 706. Penalties.
(a) Administrative.--
(1) An administrator who intentionally or willfully
fails to comply or obstructs compliance with the provisions
of this chapter or who intimidates or commits a retaliatory
act against an employee who complies in good faith with the
provisions of this chapter commits a violation of this
chapter and shall be subject to an administrative penalty
under paragraph (3).
(2) A facility owner that intentionally or willfully
fails to comply with or obstructs compliance with this
chapter or that intimidates or commits a retaliatory act
against an employee who complies in good faith with this
chapter commits a violation of this chapter and shall be
subject to an administrative penalty under paragraph (3).
(3) The Commonwealth agency or Commonwealth agencies
which regulate the facility have jurisdiction to determine
violations of this chapter and may issue an order assessing a
civil penalty of not more than [$2,500] $10,000. An order
under this paragraph is subject to 2 Pa.C.S. Ch. 5 Subch. A
(relating to practice and procedure of Commonwealth agencies)
and Ch. 7 Subch. A (relating to judicial review of
Commonwealth agency action).
(b) Criminal.--
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(1) An administrator who intentionally or willfully
fails to comply or obstructs compliance with this chapter
commits a misdemeanor of the [third] second degree and shall,
upon conviction, be sentenced to pay a fine of [$2,500]
$10,000 or to imprisonment for not more than [one year] two
years, or both.
(2) A facility owner that intentionally or willfully
fails to comply with or obstructs compliance with this
chapter commits a misdemeanor of the [third] second degree
and shall, upon conviction, be sentenced to pay a fine of
[$2,500] $10,000 or to imprisonment for not more than [one
year] two years, or both.
(c) Penalties for failure to report.--A person required
under this chapter to report a case of suspected abuse who
willfully fails to do so commits a [summary offense] misdemeanor
of the second degree for the first violation and a [misdemeanor]
felony of the third degree for a second or subsequent violation.
Section 7. The act is amended by adding a chapter to read:
CHAPTER 9
OLDER ADULT ABUSE REGISTRY
Section 901. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Crime against a recipient." The commission of any of the
following offenses where the victim is a recipient and the
perpetrator is an employee:
(1) An offense under 18 Pa.C.S. Ch. 27 (relating to
assault).
(2) An offense under 18 Pa.C.S. Ch. 31 (relating to
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sexual offenses).
(3) 18 Pa.C.S. § 3701 (relating to robbery).
(4) 18 Pa.C.S. § 3922.1 (relating to financial
exploitation of an older adult or care-dependent person).
"Recipient abuse." The alleged or substantiated abuse,
neglect, exploitation or abandonment of a recipient by an
employee.
"Registry." The Older Adult Abuse Registry established under
section 902.
"Temporary health care services agency." A person engaged
for hire in the business of providing or procuring temporary
employment in facilities.
Section 902. Older Adult Abuse Registry.
(a) Establishment and administration.--
(1) The department shall establish the Older Adult Abuse
Registry within 180 days of the effective date of this
paragraph. Upon establishment, the department shall transmit
notice of the establishment to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin.
(2) The department shall operate and maintain the
registry, including a case file and a profile for each
individual meeting the criteria for placement on the
registry, or shall enter into a contract with a third-party
entity for the operation and maintenance of the registry.
(b) Access to profiles.--The department shall establish a
procedure to provide administrators of facilities and temporary
health care services agencies with continuous access to profiles
on the registry through the use of log-in credentials.
(c) Criteria for profile.--The registry shall include a
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profile for individuals who:
(1) Are the subject of a protective report under section
302(a) pending investigation.
(2) Are the subject of a substantiated report under
section 303(d).
(3) Are on a plan of supervision or suspended, pending
investigation of recipient abuse.
(4) Have been terminated from the facility or temporary
health care services agency as the result of alleged or
substantiated recipient abuse.
(5) Are under investigation by law enforcement for an
alleged crime against a recipient.
(6) Have been convicted of a crime against a recipient.
(d) Content of profiles.--
(1) Each profile shall include:
(i) The following personal information:
(A) Full legal name.
(B) The last four digits of the individual's
Social Security number.
(C) Age.
(D) Race.
(E) Sex.
(F) Home address.
(G) Current or former employee job title.
(H) A recent photograph.
(ii) A notation indicating:
(A) Each criterion under subsection (c) that
applies to the individual.
(B) For criteria under subsection (c)(1), (3)
and (5), the current status of the investigations.
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(C) Next to the associated criteria listed, if
there was a finding of a false report under
subsection (e)(2)(ii).
(D) If an appeal is filed under subsection (h),
"Appeal pending" until the appeal process is
concluded.
(iii) The date or dates associated with each
criteria listed.
(iv) The county in which the alleged or
substantiated recipient abuse or crime against a
recipient occurred.
(2) Final dispositions and report statuses must remain
on a profile permanently, unless the finding was made in
error, the individual was found not guilty in a court of
competent jurisdiction or the department is notified of the
individual's death.
(e) Case files and access.--
(1) The registry shall include a permanent case file,
which shall only be accessible by the department, for an
individual who is the subject of any of the following:
(i) A protective services report made under section
302(a).
(ii) A substantiated report under section 303(d).
(iii) An unsubstantiated report made under section
303.
(iv) A report to law enforcement officials relating
to recipient abuse:
(A) Under section 701(b).
(B) Made by a department, agency, facility or
temporary health care services agency about an
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employee.
(C) Made by an individual.
(v) A court record associated with an arrest for a
crime against a recipient. The status of a criminal
proceeding brought on the basis of a report under
subsection (c).
(vi) A disciplinary action taken by facilities or
temporary health care service agencies against the
individual for alleged or substantiated recipient abuse.
(2) The case file shall include:
(i) The source of each report or record.
(ii) False reports of recipient abuse or crimes
where the victim is a recipient pursuant to a conviction
under 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities) or 4906 (relating to false
reports to law enforcement authorities) for the purpose
of identifying and tracking patterns of intentionally
making false reports relating to recipient abuse.
(iii) A record of any request to release, amend or
expunge information retained by the department or appeal
made by an individual on the registry.
(iv) Final and binding disciplinary actions taken by
a facility, temporary health care services agency, agency
or department against the individual, including
imposition of probationary or other conditions related to
employment.
(f) Mandatory reporting and time requirements.--
(1) Each facility, temporary health care services
agency, agency, law enforcement official and court shall
submit the names of individuals who meet the criteria under
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subsection (e)(1) to the department within 48 hours of
creation of a report or record, taking disciplinary action,
opening a criminal investigation or arrest for or conviction
of a crime against a recipient as provided for under
subsection (e)(1).
(2) Within five days of receipt of a submission under
paragraph (1), the department shall create a case file and,
if applicable, a profile on the registry for the subject of
the report or record.
(g) Notification.--
(1) If an individual meets the criteria for placement of
a profile on the registry under subsection (c), the
department shall notify the individual and the individual's
legal counsel, if applicable, within five days of the
individual's profile being placed on the registry that the
individual's name has been placed on the registry and provide
the form described under paragraph (2) by:
(i) certified and registered mail; and
(ii) if electronic contact information is available,
electronically.
(2) Upon receipt of notification under paragraph (1),
the individual must provide and verify to the department the
information required under subsection (d)(1)(i) on a form
prescribed by the department within five days of receipt of
the form. The form prescribed by the department shall include
a statement that a false statement made by an individual on
the form is punishable under the applicable provisions of 18
Pa.C.S. Ch. 49 (relating to falsification and intimidation).
(3) Once an individual's profile is placed on the
registry, the department shall notify the following of the
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individual's placement on the registry:
(i) The administrator of the facility or temporary
health care services agency where the individual was most
recently employed.
(ii) The administrator of the facility, temporary
health care services agency or agency who reported the
recipient abuse.
(iii) Except for an individual under subparagraph
(i) or (ii), the individual who reported the recipient
abuse.
(iv) The older adult or guardian of the older adult
who was the victim of recipient abuse or crime against a
recipient.
(h) Appeals.--
(1) An individual notified of placement of a profile on
the registry under subsection (g)(1) may appeal the placement
within 90 days of the date of the notification.
(2) If an individual placed on the registry files an
appeal within 90 days of notification of the placement, the
department shall review the placement within 60 days of the
filing date of the appeal, unless the individual waives the
administrative review process.
(3) After administrative review, the appeal shall be
conducted as provided under 2 Pa.C.S. Chs. 5 Subch. A
(relating to practice and procedure of Commonwealth agencies)
and 7 Subch. A (relating to judicial review of Commonwealth
agency action).
(4) The department shall notify the individual and the
individual's legal counsel, if applicable, of the
determination of the appeal:
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(i) by certified and registered mail; and
(ii) if electronic contact information is available,
by electronic mail.
(5) If an appeal is granted, the department must remove
the appealed information on the profile or, if applicable,
the individual's profile from the registry and notify the
individual of the removal with five days of the final
determination.
(i) Additional duties.--
(1) Each individual on the registry shall:
(i) Notify the department of a change of home
address of the individual within 10 days of moving out of
the home address listed on the registry.
(ii) Annually attest, on a form prescribed by the
department, to the accuracy of the information under
subsection (d)(1) and submit a photo of the individual
taken in the last 30 days on a form prescribed by the
department. The form prescribed by the department shall
include a statement that a false statement made by an
individual on the form is punishable under the applicable
provisions of 18 Pa.C.S. Ch. 49.
(2) The department shall:
(i) Verify the information attested to under
paragraph (1)(ii).
(ii) Establish a procedure by which an individual
may send an electronic request to the department to
review a summary of information on the profile for the
sole purpose of ensuring that an individual being
considered for employment or employed by the applicant to
provide care to an older adult not associated with a
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facility or temporary health care services agency does
not have a profile on the registry.
(iii) Require each applicant under subparagraph (ii)
to sign an attestation on a form prescribed by the
department stating that the information requested is for
the sole purpose of ensuring that an individual being
considered for employment or employed by the applicant to
provide care to an older adult not associated with a
facility or temporary health care services agency does
not have a profile on the registry. The form prescribed
by the department shall include a statement that a false
statement made by an individual on the form is punishable
under the applicable provisions of 18 Pa.C.S. Ch. 49.
Section 903. Prohibitions and requirements.
(a) Prohibition and requirements for facilities and
temporary health care services agencies.--Beginning upon the
establishment of the registry, a facility or a temporary health
care services agency:
(1) prior to employing an individual, shall access the
registry to determine if the individual has a profile on the
registry;
(2) shall access the registry to determine if
individuals currently employed have a profile on the
registry; and
(3) may not employ or otherwise engage individuals who
have a profile on the registry.
(b) Requirements for employees and prospective employees.--
Beginning on the effective date of this subsection and prior to
the establishment of the registry, the administrator of a
facility or a temporary health care services agency shall
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require current and prospective employees to sign an attestation
on a form prescribed by the department stating that the
information provided to the administrator by the individual is
true and complete and that the individual does not meet any of
the criteria under section 902(c). The form prescribed by the
department shall include a statement that a false statement made
by an individual on the form is punishable under the applicable
provisions of 18 Pa.C.S. Ch. 49 (relating to falsification and
intimidation).
Section 904. Penalties.
(a) Facilities and temporary health care services
agencies.--The department may issue an order assessing a civil
penalty of not more than $10,000 to a facility or a temporary
health care services agency owner or administrator that
intentionally or willfully fails to comply with or obstructs
compliance with this chapter or that intimidates or commits a
retaliatory act against an employee who complies in good faith
with this chapter.
(b) Individuals on registry.--
(1) The department may issue an order assessing a civil
penalty to an individual who intentionally or willfully fails
to comply with the provisions of section 902(i)(1)(i) as
follows:
(i) $100 for noncompliance for 60 days or less.
(ii) $500 for noncompliance for more than 60 days
but less than 180 days.
(2) An individual who intentionally or willfully fails
to comply with the provisions of section 902(i)(1)(i) for
more than 180 days or provides false information to the
department under section 902(i)(1)(i) commits a misdemeanor
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of the second degree and shall be sentenced to pay a fine of
$1,000 or to imprisonment for not more than one year, or
both.
(c) Applicable provisions.--An order under this section is
subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
procedure of Commonwealth agencies).
Section 905. Temporary regulations.
(a) Authority.--In order to facilitate the prompt
implementation of this chapter, the department shall promulgate
temporary regulations that shall expire no later than two years
following the publication of the temporary regulations. The
department may promulgate temporary regulations not subject to:
(1) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(4) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(b) Expiration.--The department's authority to adopt
temporary regulations under subsection (a) shall expire six
months after the effective date of this section. Regulations
adopted after this period shall be promulgated as provided by
law.
Section 8. The act of February 14, 2008 (P.L.6, No.3), known
as the Right-to-Know Law, shall not apply to the provisions of
Chapter 9 of the act.
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Section 9. This act shall apply to contracts entered into
before, on or after the effective date of this section.
Section 10. This act shall take effect in 60 days.
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