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    AN ACT concerning regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:





 
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    Section 5. The Hospital Licensing Act is amended  by 
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changing Section 9 and  by adding Section 9.6 as follows:
 



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    (210 ILCS 85/9)  (from Ch. 111 1/2, par. 150)



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    Sec. 9. Inspections and investigations. The Department 
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shall make or
cause
to be made such inspections and

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investigations as it deems necessary, except that, subject to 
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appropriation, the Department shall investigate every 
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allegation of abuse of a patient received by the Department. 
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Information received by the
Department through filed reports, 
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inspection, or as otherwise authorized
under this Act shall not 
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be disclosed publicly in such manner as to
identify individuals 
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or hospitals, except (i) in a proceeding involving the
denial, 
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suspension, or revocation of a permit to establish a hospital 
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or a
proceeding involving the denial, suspension, or revocation 
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of a license to
open, conduct, operate, and maintain a 
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hospital, (ii) to the Department of
Children and Family 
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Services in the course of a child abuse or neglect

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investigation conducted by that Department or by the Department 
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of Public
Health, (iii) in accordance with Section 6.14a of 
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this Act, or (iv)
in other circumstances as may be approved by 
 


 






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the Hospital Licensing Board.

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(Source: P.A. 90-608, eff. 6-30-98; 91-242, eff. 1-1-00.)

 
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    (210 ILCS 85/9.6  new)
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    Sec. 9.6. Patient protection from abuse.
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    (a) No administrator, agent, or employee of a hospital or a 
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member of its medical staff may abuse a patient in the 
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hospital.
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    (b) Any hospital administrator, agent, employee, or 
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medical staff member who has reasonable cause to believe that 
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any patient with whom he or she has direct contact has been 
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subjected to abuse in the hospital shall promptly report or 
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cause a report to be made to a designated hospital 
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administrator responsible for providing such reports to the 
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Department as required by this Section.
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    (c) Retaliation against a person who lawfully and in good 
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faith makes a report under this Section is prohibited.
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    (d) Upon receiving a report under subsection (b) of this 
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Section, the hospital shall submit the report to the Department 
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within 24 hours of obtaining such report.  In the event that the 
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hospital receives multiple reports involving a single alleged 
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instance of abuse, the hospital shall submit one report to the 
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Department.
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    (e) Upon receiving a report under this Section, the 
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hospital shall promptly conduct an internal review to ensure 
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the alleged victim's safety.  Measures to protect the alleged 
 


 






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victim shall be taken as deemed necessary by the hospital's 
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administrator and may include, but are not limited to, removing 
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suspected violators from further patient contact during the 
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hospital's internal review. If the alleged victim lacks 
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decision-making capacity under the Health Care Surrogate Act 
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and no health care surrogate is available, the hospital may 
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contact the Illinois Guardianship and Advocacy Commission to 
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determine the need for a temporary guardian of that person.
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    (f) All internal hospital reviews shall be conducted by a 
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designated hospital employee or agent who is qualified to 
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detect abuse and is not involved in the alleged victim's 
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treatment.  All internal review findings must be documented and 
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filed according to hospital procedures and shall be made 
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available to the Department upon request.
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    (g) Any other person may make a report of patient abuse to 
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the Department if that person has reasonable cause to believe 
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that a patient has been abused in the hospital.
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    (h) The report required under this Section shall include: 
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the name of the patient; the name and address of the hospital 
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treating the patient; the age of the patient; the nature of the 
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patient's condition, including any evidence of previous 
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injuries or disabilities; and any other information that the 
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reporter believes might be helpful in establishing the cause of 
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the reported abuse and the identity of the person believed to 
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have caused the abuse.
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    (i) Except for willful or wanton misconduct, any 
 


 






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individual, person, institution, or agency participating in 
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good faith in the making of a report under this Section, or in 
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the investigation of such a report or in making a disclosure of 
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information concerning reports of abuse under this Section, 
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shall have immunity from any liability, whether civil, 
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professional, or criminal, that otherwise might result by 
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reason of such actions. For the purpose of any proceedings, 
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whether civil, professional, or criminal, the good faith of any 
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persons required to report cases of suspected abuse under this 
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Section or who disclose information concerning reports of abuse 
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in compliance with this Section, shall be presumed.
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    (j) No administrator, agent, or employee of a hospital 
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shall adopt or employ practices or procedures designed to 
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discourage good faith reporting of patient abuse under this 
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Section.
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    (k) Every hospital shall ensure that all new and existing 
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employees are trained  in the detection and reporting of abuse 
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of patients and retrained at least  every 2 years thereafter.
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    (l) The Department shall investigate each report of patient 
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abuse made under this Section according to the procedures of 
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the Department, except that a report of abuse which indicates 
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that a patient's life or safety is in imminent danger shall be 
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investigated within 24 hours of such report.  Under no 
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circumstances may a hospital's internal review of an allegation 
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of abuse replace an investigation of the allegation by the 
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Department.
 


 






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    (m) The Department shall keep a continuing record of all 
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reports made pursuant to this Section, including indications of 
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the final determination of any investigation and the final 
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disposition of all reports. The Department shall inform the 
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investigated hospital and any other person making a report 
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under subsection (g) of its final determination or disposition 
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in writing.
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    (n) The Department shall not disclose to the public any 
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information regarding any reports and investigations under 
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this Section unless and until the report of abuse is 
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substantiated following a full and proper investigation.
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    (o) All patient identifiable information in any report or 
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investigation under this Section shall be confidential and 
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shall not be disclosed except as authorized by this Act or 
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other applicable law.
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    (p) Nothing in this Section relieves a hospital 
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administrator, employee, agent, or medical staff member from 
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contacting appropriate law enforcement authorities as required 
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by law.
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    (q) Nothing in this Section shall be construed to mean that 
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a patient is a victim of abuse because of health care services 
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provided or not provided by health care professionals.
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    (r) Nothing in this Section shall require a hospital, 
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including its employees, agents, and medical staff members, to 
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provide any services to a patient in contravention of his or 
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her stated or implied objection thereto upon grounds that such 
 


 






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services conflict with his or her religious beliefs or 
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practices, nor shall such a patient be considered abused under 
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this Section for the exercise of such beliefs or practices.
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    (s) The Department's implementation of this Section is 
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subject to appropriations to the Department for that purpose.
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    (t) As used in this Section, the following terms have the 
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following meanings: 
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    "Abuse" means any physical or mental injury or sexual abuse 
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intentionally inflicted by a hospital employee, agent, or 
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medical staff member on a patient of the hospital and does not 
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include any hospital, medical, health care, or other personal 
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care services done in good faith in the interest of the patient 
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according to established medical and clinical standards of 
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care.
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    "Mental injury" means intentionally caused  emotional 
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distress in a patient from words or gestures that would be 
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considered by a reasonable person to be  humiliating, harassing, 
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or threatening and which causes observable and substantial 
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impairment.
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    "Sexual abuse" means any intentional act of sexual contact 
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or sexual penetration of a patient in the hospital.
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    "Substantiated", with respect to a report of abuse,  means 
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that a preponderance of the evidence indicates that abuse 
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occurred.