Sen. Ira I. Silverstein
Filed: 3/10/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1927




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    AMENDMENT NO. ______. Amend Senate Bill 1927 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Emergency Medical Services (EMS) Systems 
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Act is amended  by adding Section 32.6 as follows:
 
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    (210 ILCS 50/32.6  new)
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    Sec. 32.6. Freestanding Emergency Center; patient 
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protection from abuse.
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    (a) No administrator, agent, or employee of an FEC 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 FEC administrator, agent, employee, or medical 
13
staff member who has reasonable cause to believe that any 
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patient with whom he or she has direct contact has been 
15
subjected to abuse in the FEC shall promptly report or cause a 
16
report to be made to a designated FEC administrator responsible 
 


 






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for providing such reports to the Department as required by 
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this Section.
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    (c) Retaliation against a person who lawfully and in good 
4
faith makes a report under this Section is prohibited.
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    (d) Upon receiving a report under subsection (b) of this 
6
Section, the FEC shall submit the report to the Department 
7
within 24 hours of obtaining such report.  In the event that the 
8
FEC receives multiple reports involving a single alleged 
9
instance of abuse, the FEC shall submit one report to the 
10
Department.
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    (e) Upon receiving a report under this Section, the FEC 
12
shall promptly conduct an internal review to ensure the alleged 
13
victim's safety.  Measures to protect the alleged victim shall 
14
be taken as deemed necessary by the FEC's administrator and may 
15
include, but are not limited to, removing suspected violators 
16
from further patient contact during the FEC's internal review. 
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If the alleged victim lacks decision-making capacity under the 
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Health Care Surrogate Act and no health care surrogate is 
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available, the FEC may contact the Illinois Guardianship and 
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Advocacy Commission to determine the need for a temporary 
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guardian of that person.
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    (f) All internal FEC reviews shall be conducted by a 
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designated FEC employee or agent who is qualified to detect 
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abuse and is not involved in the alleged victim's treatment.  
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All internal review findings must be documented and filed 
26
according to FEC procedures and shall be made available to the 
 


 






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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 
4
that a patient has been abused in the FEC.
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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 FEC 
7
treating the patient; the age of the patient; the nature of the 
8
patient's condition, including any evidence of previous 
9
injuries or disabilities; and any other information that the 
10
reporter believes might be helpful in establishing the cause of 
11
the reported abuse and the identity of the person believed to 
12
have caused the abuse.
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    (i) Any individual, person, institution, or agency 
14
participating in good faith in the making of a report under 
15
this Section, or in the investigation of such a report or in 
16
making a disclosure of information concerning reports of abuse 
17
under this Section, shall have immunity from any liability, 
18
whether civil, professional, or criminal, that otherwise might 
19
result by reason of such actions. For the purpose of any 
20
proceedings, whether civil, professional, or criminal, the 
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good faith of any persons required to report cases of suspected 
22
abuse under this Section or who disclose information concerning 
23
reports of abuse in compliance with this Section, shall be 
24
presumed.
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    (j) No administrator, agent, or employee of an FEC shall 
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adopt or employ practices or procedures designed to discourage 
 


 






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good faith reporting of patient abuse under this Section.
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    (k) Every FEC shall ensure that all new and existing 
3
employees are trained  in the detection and reporting of abuse 
4
of patients and retrained at least  every 2 years thereafter.
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    (l) The Department shall investigate each report of patient 
6
abuse made under this Section according to the procedures of 
7
the Department, except that a report of abuse which indicates 
8
that a patient's life or safety is in imminent danger shall be 
9
investigated within 24 hours of such report.  Under no 
10
circumstances may an FEC's internal review of an allegation of 
11
abuse replace an investigation of the allegation by the 
12
Department.
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    (m) The Department shall keep a continuing record of all 
14
reports made pursuant to this Section, including indications of 
15
the final determination of any investigation and the final 
16
disposition of all reports. The Department shall inform the 
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investigated FEC and any other person making a report under 
18
subsection (g) of its final determination or disposition in 
19
writing.
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    (n) The Department shall not disclose to the public any 
21
information regarding any reports and investigations under 
22
this Section unless and until the report of abuse is 
23
substantiated following a full and proper investigation.
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    (o) All patient identifiable information in any report or 
25
investigation under this Section shall be confidential and 
26
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 an FEC administrator, 
3
employee, agent, or medical staff member from contacting 
4
appropriate law enforcement authorities as required 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 
7
provided or not provided by health care professionals.
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    (r) Nothing in this Section shall require an FEC, including 
9
its employees, agents, and medical staff members, to provide 
10
any services to a patient in contravention of his or her stated 
11
or implied objection thereto upon grounds that such services 
12
conflict with his or her religious beliefs or practices, nor 
13
shall such a patient be considered abused under this Section 
14
for the exercise of such beliefs or practices.
15
    (s) As used in this Section, the following terms have the 
16
following meanings:
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    "Abuse" means any physical or mental injury or sexual abuse 
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intentionally inflicted by an FEC employee, agent, or medical 
19
staff member on a patient of the FEC and does not include any 
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FEC, medical, health care, or other personal care services done 
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in good faith in the interest of the patient according to 
22
established medical and clinical standards of care.
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    "FEC" means a Freestanding Emergency Center licensed under 
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Section 32.5. 
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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, 
2
or threatening and which causes observable and substantial 
3
impairment.
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    "Sexual abuse" means any intentional act of sexual contact 
5
or sexual penetration of a patient in the hospital.
6
    "Substantiated", with respect to a report of abuse, means 
7
that a preponderance of the evidence indicates that abuse 
8
occurred.
 
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    Section 10. 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 the 
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Department shall investigate every allegation of abuse of a 
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patient received by the Department. Information received by the

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Department through filed reports, inspection, or as otherwise 
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authorized
under this Act shall not be disclosed publicly in 
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such manner as to
identify individuals or hospitals, except (i) 
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in a proceeding involving the
denial, suspension, or revocation 
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of a permit to establish a hospital or a
proceeding involving 
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the denial, suspension, or revocation of a license to
open, 
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conduct, operate, and maintain a hospital, (ii) to the 
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Department of
Children and Family Services in the course of a 
 


 






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child abuse or neglect
investigation conducted by that 
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Department or by the Department of Public
Health, (iii) in 
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accordance with Section 6.14a of this Act, or (iv)
in other 
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circumstances as may be approved by the Hospital Licensing 
5
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 
10
member of its medical staff may abuse a patient in the 
11
hospital.
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    (b) Any hospital administrator, agent, employee, or 
13
medical staff member who has reasonable cause to believe that 
14
any patient with whom he or she has direct contact has been 
15
subjected to abuse in the hospital shall promptly report or 
16
cause a report to be made to a designated hospital 
17
administrator responsible for providing such reports to the 
18
Department as required by this Section.
19
    (c) Retaliation against a person who lawfully and in good 
20
faith makes a report under this Section is prohibited.
21
    (d) Upon receiving a report under subsection (b) of this 
22
Section, the hospital shall submit the report to the Department 
23
within 24 hours of obtaining such report.  In the event that the 
24
hospital receives multiple reports involving a single alleged 
25
instance of abuse, the hospital shall submit one report to the 
 


 






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Department.
2
    (e) Upon receiving a report under this Section, the 
3
hospital shall promptly conduct an internal review to ensure 
4
the alleged victim's safety.  Measures to protect the alleged 
5
victim shall be taken as deemed necessary by the hospital's 
6
administrator and may include, but are not limited to, removing 
7
suspected violators from further patient contact during the 
8
hospital's internal review. If the alleged victim lacks 
9
decision-making capacity under the Health Care Surrogate Act 
10
and no health care surrogate is available, the hospital may 
11
contact the Illinois Guardianship and Advocacy Commission to 
12
determine the need for a temporary guardian of that person.
13
    (f) All internal hospital reviews shall be conducted by a 
14
designated hospital employee or agent who is qualified to 
15
detect abuse and is not involved in the alleged victim's 
16
treatment.  All internal review findings must be documented and 
17
filed according to hospital procedures and shall be made 
18
available to the Department upon request.
19
    (g) Any other person may make a report of patient abuse to 
20
the Department if that person has reasonable cause to believe 
21
that a patient has been abused in the hospital.
22
    (h) The report required under this Section shall include: 
23
the name of the patient; the name and address of the hospital 
24
treating the patient; the age of the patient; the nature of the 
25
patient's condition, including any evidence of previous 
26
injuries or disabilities; and any other information that the 
 


 






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1
reporter believes might be helpful in establishing the cause of 
2
the reported abuse and the identity of the person believed to 
3
have caused the abuse.
4
    (i) Any individual, person, institution, or agency 
5
participating in good faith in the making of a report under 
6
this Section, or in the investigation of such a report or in 
7
making a disclosure of information concerning reports of abuse 
8
under this Section, shall have immunity from any liability, 
9
whether civil, professional, or criminal, that otherwise might 
10
result by reason of such actions. For the purpose of any 
11
proceedings, whether civil, professional, or criminal, the 
12
good faith of any persons required to report cases of suspected 
13
abuse under this Section or who disclose information concerning 
14
reports of abuse in compliance with this Section, shall be 
15
presumed.
16
    (j) No administrator, agent, or employee of a hospital 
17
shall adopt or employ practices or procedures designed to 
18
discourage good faith reporting of patient abuse under this 
19
Section.
20
    (k) Every hospital shall ensure that all new and existing 
21
employees are trained  in the detection and reporting of abuse 
22
of patients and retrained at least  every 2 years thereafter.
23
    (l) The Department shall investigate each report of patient 
24
abuse made under this Section according to the procedures of 
25
the Department, except that a report of abuse which indicates 
26
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 
2
circumstances may a hospital's internal review of an allegation 
3
of abuse replace an investigation of the allegation by the 
4
Department.
5
    (m) The Department shall keep a continuing record of all 
6
reports made pursuant to this Section, including indications of 
7
the final determination of any investigation and the final 
8
disposition of all reports. The Department shall inform the 
9
investigated hospital and any other person making a report 
10
under subsection (g) of its final determination or disposition 
11
in writing.
12
    (n) The Department shall not disclose to the public any 
13
information regarding any reports and investigations under 
14
this Section unless and until the report of abuse is 
15
substantiated following a full and proper investigation.
16
    (o) All patient identifiable information in any report or 
17
investigation under this Section shall be confidential and 
18
shall not be disclosed except as authorized by this Act or 
19
other applicable law.
20
    (p) Nothing in this Section relieves a hospital 
21
administrator, employee, agent, or medical staff member from 
22
contacting appropriate law enforcement authorities as required 
23
by law.
24
    (q) Nothing in this Section shall be construed to mean that 
25
a patient is a victim of abuse because of health care services 
26
provided or not provided by health care professionals.
 


 






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    (r) Nothing in this Section shall require a hospital, 
2
including its employees, agents, and medical staff members, to 
3
provide any services to a patient in contravention of his or 
4
her stated or implied objection thereto upon grounds that such 
5
services conflict with his or her religious beliefs or 
6
practices, nor shall such a patient be considered abused under 
7
this Section for the exercise of such beliefs or practices.
8
    (s) As used in this Section, the following terms have the 
9
following meanings:
10
    "Abuse" means any physical or mental injury or sexual abuse 
11
intentionally inflicted by a hospital employee, agent, or 
12
medical staff member on a patient of the hospital and does not 
13
include any hospital, medical, health care, or other personal 
14
care services done in good faith in the interest of the patient 
15
according to established medical and clinical standards of 
16
care.
17
    "Mental injury" means intentionally caused  emotional 
18
distress in a patient from words or gestures that would be 
19
considered by a reasonable person to be  humiliating, harassing, 
20
or threatening and which causes observable and substantial 
21
impairment.
22
    "Sexual abuse" means any intentional act of sexual contact 
23
or sexual penetration of a patient in the hospital.
24
    "Substantiated", with respect to a report of abuse,  means 
25
that a preponderance of the evidence indicates that abuse 
26
occurred.".