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1 | AN ACT concerning aging.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Elder Abuse and Neglect Act is amended by | |||||||||||||||||||
5 | changing Section 2 as follows:
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6 | (320 ILCS 20/2) (from Ch. 23, par. 6602) | |||||||||||||||||||
7 | (Text of Section after amendment by P.A. 96-339 ) | |||||||||||||||||||
8 | Sec. 2. Definitions. As used in this Act, unless the | |||||||||||||||||||
9 | context
requires otherwise:
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10 | (a) "Abuse" means causing any physical, mental or sexual | |||||||||||||||||||
11 | injury to an
eligible adult, including exploitation of such | |||||||||||||||||||
12 | adult's financial resources.
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13 | Nothing in this Act shall be construed to mean that an | |||||||||||||||||||
14 | eligible adult is a
victim of abuse, neglect, or self-neglect | |||||||||||||||||||
15 | for the sole reason that he or she is being
furnished with or | |||||||||||||||||||
16 | relies upon treatment by spiritual means through prayer
alone, | |||||||||||||||||||
17 | in accordance with the tenets and practices of a recognized | |||||||||||||||||||
18 | church
or religious denomination.
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19 | Nothing in this Act shall be construed to mean that an | |||||||||||||||||||
20 | eligible adult is a
victim of abuse because of health care | |||||||||||||||||||
21 | services provided or not provided by
licensed health care | |||||||||||||||||||
22 | professionals.
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23 | (a-5) "Abuser" means a person who abuses, neglects, or |
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1 | financially
exploits an eligible adult.
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2 | (a-7) "Caregiver" means a person who either as a result of | ||||||
3 | a family
relationship, voluntarily, or in exchange for | ||||||
4 | compensation has assumed
responsibility for all or a portion of | ||||||
5 | the care of an eligible adult who needs
assistance with | ||||||
6 | activities of daily
living.
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7 | (b) "Department" means the Department on Aging of the State | ||||||
8 | of Illinois.
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9 | (c) "Director" means the Director of the Department.
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10 | (d) "Domestic living situation" means a residence where the | ||||||
11 | eligible
adult lives alone or with his or her family or a | ||||||
12 | caregiver, or others,
or a board and care home or other | ||||||
13 | community-based unlicensed facility, but
is not:
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14 | (1) A licensed facility as defined in Section 1-113 of | ||||||
15 | the Nursing Home
Care Act;
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16 | (1.5) A facility licensed under the MR/DD Community | ||||||
17 | Care Act;
| ||||||
18 | (2) A "life care facility" as defined in the Life Care | ||||||
19 | Facilities Act;
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20 | (3) A home, institution, or other place operated by the | ||||||
21 | federal
government or agency thereof or by the State of | ||||||
22 | Illinois;
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23 | (4) A hospital, sanitarium, or other institution, the | ||||||
24 | principal activity
or business of which is the diagnosis, | ||||||
25 | care, and treatment of human illness
through the | ||||||
26 | maintenance and operation of organized facilities |
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1 | therefor,
which is required to be licensed under the | ||||||
2 | Hospital Licensing Act;
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3 | (5) A "community living facility" as defined in the | ||||||
4 | Community Living
Facilities Licensing Act;
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5 | (6) (Blank);
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6 | (7) A "community-integrated living arrangement" as | ||||||
7 | defined in
the Community-Integrated Living Arrangements | ||||||
8 | Licensure and Certification Act;
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9 | (8) An assisted living or shared housing establishment | ||||||
10 | as defined in the Assisted Living and Shared Housing Act; | ||||||
11 | or
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12 | (9) A supportive living facility as described in | ||||||
13 | Section 5-5.01a of the Illinois Public Aid Code.
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14 | (e) "Eligible adult" means a person 60 years of age or | ||||||
15 | older who
resides in a domestic living situation and is, or is | ||||||
16 | alleged
to be, abused, neglected, or financially exploited by | ||||||
17 | another individual or who neglects himself or herself.
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18 | (f) "Emergency" means a situation in which an eligible | ||||||
19 | adult is living
in conditions presenting a risk of death or | ||||||
20 | physical, mental or sexual
injury and the provider agency has | ||||||
21 | reason to believe the eligible adult is
unable to
consent to | ||||||
22 | services which would alleviate that risk.
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23 | (f-5) "Mandated reporter" means any of the following | ||||||
24 | persons
while engaged in carrying out their professional | ||||||
25 | duties:
| ||||||
26 | (1) a professional or professional's delegate while |
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1 | engaged in: (i) social
services, (ii) law enforcement, | ||||||
2 | (iii) education, (iv) the care of an eligible
adult or | ||||||
3 | eligible adults, or (v) any of the occupations required to | ||||||
4 | be licensed
under
the Clinical Psychologist Licensing Act, | ||||||
5 | the Clinical Social Work and Social
Work Practice Act, the | ||||||
6 | Illinois Dental Practice Act, the Dietetic and Nutrition
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7 | Services Practice Act, the Marriage and Family Therapy | ||||||
8 | Licensing Act, the
Medical Practice Act of 1987, the | ||||||
9 | Naprapathic Practice Act, the
Nurse Practice Act, the | ||||||
10 | Nursing Home
Administrators Licensing and
Disciplinary | ||||||
11 | Act, the Illinois Occupational Therapy Practice Act, the | ||||||
12 | Illinois
Optometric Practice Act of 1987, the Pharmacy | ||||||
13 | Practice Act, the
Illinois Physical Therapy Act, the | ||||||
14 | Physician Assistant Practice Act of 1987,
the Podiatric | ||||||
15 | Medical Practice Act of 1987, the Respiratory Care Practice
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16 | Act,
the Professional Counselor and
Clinical Professional | ||||||
17 | Counselor Licensing Act, the Illinois Speech-Language
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18 | Pathology and Audiology Practice Act, the Veterinary | ||||||
19 | Medicine and Surgery
Practice Act of 2004, and the Illinois | ||||||
20 | Public Accounting Act;
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21 | (2) an employee of a vocational rehabilitation | ||||||
22 | facility prescribed or
supervised by the Department of | ||||||
23 | Human Services;
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24 | (3) an administrator, employee, or person providing | ||||||
25 | services in or through
an unlicensed community based | ||||||
26 | facility;
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1 | (4) any religious practitioner who provides treatment | ||||||
2 | by prayer or spiritual means alone in accordance with the | ||||||
3 | tenets and practices of a recognized church or religious | ||||||
4 | denomination, except as to information received in any | ||||||
5 | confession or sacred communication enjoined by the | ||||||
6 | discipline of the religious denomination to be held | ||||||
7 | confidential;
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8 | (5) field personnel of the Department of Healthcare and | ||||||
9 | Family Services, Department of Public
Health, and | ||||||
10 | Department of Human Services, and any county or
municipal | ||||||
11 | health department;
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12 | (6) personnel of the Department of Human Services, the | ||||||
13 | Guardianship and
Advocacy Commission, the State Fire | ||||||
14 | Marshal, local fire departments, the
Department on Aging | ||||||
15 | and its subsidiary Area Agencies on Aging and provider
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16 | agencies, and the Office of State Long Term Care Ombudsman;
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17 | (7) any employee of the State of Illinois not otherwise | ||||||
18 | specified herein
who is involved in providing services to | ||||||
19 | eligible adults, including
professionals providing medical | ||||||
20 | or rehabilitation services and all
other persons having | ||||||
21 | direct contact with eligible adults;
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22 | (8) a person who performs the duties of a coroner
or | ||||||
23 | medical examiner; or
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24 | (9) a person who performs the duties of a paramedic or | ||||||
25 | an emergency
medical
technician ; .
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26 | (10) any bank, savings and loan, or credit union |
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1 | officer, trustee, or employee; or | ||||||
2 | (11) any ambulatory currency exchange or community | ||||||
3 | currency exchange, as defined in the Currency Exchange Act, | ||||||
4 | or an employee of such a currency exchange. | ||||||
5 | (g) "Neglect" means
another individual's failure to | ||||||
6 | provide an eligible
adult with or willful withholding from an | ||||||
7 | eligible adult the necessities of
life including, but not | ||||||
8 | limited to, food, clothing, shelter or health care.
This | ||||||
9 | subsection does not create any new affirmative duty to provide | ||||||
10 | support to
eligible adults. Nothing in this Act shall be | ||||||
11 | construed to mean that an
eligible adult is a victim of neglect | ||||||
12 | because of health care services provided
or not provided by | ||||||
13 | licensed health care professionals.
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14 | (h) "Provider agency" means any public or nonprofit agency | ||||||
15 | in a planning
and service area appointed by the regional | ||||||
16 | administrative agency with prior
approval by the Department on | ||||||
17 | Aging to receive and assess reports of
alleged or suspected | ||||||
18 | abuse, neglect, or financial exploitation.
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19 | (i) "Regional administrative agency" means any public or | ||||||
20 | nonprofit
agency in a planning and service area so designated | ||||||
21 | by the Department,
provided that the designated Area Agency on | ||||||
22 | Aging shall be designated the
regional administrative agency if | ||||||
23 | it so requests.
The Department shall assume the functions of | ||||||
24 | the regional administrative
agency for any planning and service | ||||||
25 | area where another agency is not so
designated.
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26 | (i-5) "Self-neglect" means a condition that is the result |
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1 | of an eligible adult's inability, due to physical or mental | ||||||
2 | impairments, or both, or a diminished capacity, to perform | ||||||
3 | essential self-care tasks that substantially threaten his or | ||||||
4 | her own health, including: providing essential food, clothing, | ||||||
5 | shelter, and health care; and obtaining goods and services | ||||||
6 | necessary to maintain physical health, mental health, | ||||||
7 | emotional well-being, and general safety. The term includes | ||||||
8 | compulsive hoarding, which is characterized by the acquisition | ||||||
9 | and retention of large quantities of items and materials that | ||||||
10 | produce an extensively cluttered living space, which | ||||||
11 | significantly impairs the performance of essential self-care | ||||||
12 | tasks or otherwise substantially threatens life or safety.
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13 | (j) "Substantiated case" means a reported case of alleged | ||||||
14 | or suspected
abuse, neglect, financial exploitation, or | ||||||
15 | self-neglect in which a provider agency,
after assessment, | ||||||
16 | determines that there is reason to believe abuse,
neglect, or | ||||||
17 | financial exploitation has occurred.
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18 | (Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; | ||||||
19 | 95-876, eff. 8-21-08; 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; | ||||||
20 | 96-572, eff. 1-1-10; revised 9-25-09.)
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