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1 | AN ACT concerning aging. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Adult Protective Services Act is amended by | |||||||||||||||||||
5 | changing Section 4 as follows: | |||||||||||||||||||
6 | (320 ILCS 20/4) (from Ch. 23, par. 6604) | |||||||||||||||||||
7 | Sec. 4. Reports of abuse, abandonment, or neglect. | |||||||||||||||||||
8 | (a) Any person who suspects the the abuse, abandonment, | |||||||||||||||||||
9 | neglect, financial exploitation, or self-neglect of an | |||||||||||||||||||
10 | eligible adult may report this suspicion or information about | |||||||||||||||||||
11 | the suspicious death of an eligible adult to an agency | |||||||||||||||||||
12 | designated to receive such reports under this Act or to the | |||||||||||||||||||
13 | Department. | |||||||||||||||||||
14 | (a-5) If any mandated reporter has reason to believe that | |||||||||||||||||||
15 | an eligible adult, who because of a disability or other | |||||||||||||||||||
16 | condition or impairment is unable to seek assistance for | |||||||||||||||||||
17 | himself or herself, has, within the previous 12 months, been | |||||||||||||||||||
18 | subjected to abuse, abandonment, neglect, or financial | |||||||||||||||||||
19 | exploitation, the mandated reporter shall, within 24 hours | |||||||||||||||||||
20 | after developing such belief, report this suspicion to an | |||||||||||||||||||
21 | agency designated to receive such reports under this Act or to | |||||||||||||||||||
22 | the Department. The agency designated to receive such reports | |||||||||||||||||||
23 | under this Act or the Department may establish a manner in |
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1 | which a mandated reporter can make the required report through | ||||||
2 | an Internet reporting tool. Information sent and received | ||||||
3 | through the Internet reporting tool is subject to the same | ||||||
4 | rules in this Act as other types of confidential reporting | ||||||
5 | established by the designated agency or the Department. | ||||||
6 | Whenever a mandated reporter is required to report under this | ||||||
7 | Act in his or her capacity as a member of the staff of a | ||||||
8 | medical or other public or private institution, facility, or | ||||||
9 | agency, he or she shall make a report to an agency designated | ||||||
10 | to receive such reports under this Act or to the Department in | ||||||
11 | accordance with the provisions of this Act and may also notify | ||||||
12 | the person in charge of the institution, facility, or agency | ||||||
13 | or his or her designated agent that the report has been made. | ||||||
14 | Under no circumstances shall any person in charge of such | ||||||
15 | institution, facility, or agency, or his or her designated | ||||||
16 | agent to whom the notification has been made, exercise any | ||||||
17 | control, restraint, modification, or other change in the | ||||||
18 | report or the forwarding of the report to an agency designated | ||||||
19 | to receive such reports under this Act or to the Department. | ||||||
20 | The privileged quality of communication between any | ||||||
21 | professional person required to report and his or her patient | ||||||
22 | or client shall not apply to situations involving abused, | ||||||
23 | abandoned, neglected, or financially exploited eligible adults | ||||||
24 | and shall not constitute grounds for failure to report as | ||||||
25 | required by this Act. | ||||||
26 | (a-6) If a mandated reporter has reason to believe that |
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1 | the death of an eligible adult may be the result of abuse or | ||||||
2 | neglect, the matter shall be reported to an agency designated | ||||||
3 | to receive such reports under this Act or to the Department for | ||||||
4 | subsequent referral to the appropriate law enforcement agency | ||||||
5 | and the coroner or medical examiner in accordance with | ||||||
6 | subsection (c-5) of Section 3 of this Act. | ||||||
7 | (a-7) A person making a report under this Act in the belief | ||||||
8 | that it is in the alleged victim's best interest shall be | ||||||
9 | immune from criminal or civil liability or professional | ||||||
10 | disciplinary action on account of making the report, | ||||||
11 | notwithstanding any requirements concerning the | ||||||
12 | confidentiality of information with respect to such eligible | ||||||
13 | adult which might otherwise be applicable. | ||||||
14 | (a-9) Law enforcement officers shall continue to report | ||||||
15 | incidents of alleged abuse pursuant to the Illinois Domestic | ||||||
16 | Violence Act of 1986, notwithstanding any requirements under | ||||||
17 | this Act. | ||||||
18 | (b) Any person, institution or agency participating in the | ||||||
19 | making of a report, providing information or records related | ||||||
20 | to a report, assessment, or services, or participating in the | ||||||
21 | investigation of a report under this Act in good faith, or | ||||||
22 | taking photographs or x-rays as a result of an authorized | ||||||
23 | assessment, shall have immunity from any civil, criminal or | ||||||
24 | other liability in any civil, criminal or other proceeding | ||||||
25 | brought in consequence of making such report or assessment or | ||||||
26 | on account of submitting or otherwise disclosing such |
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1 | photographs or x-rays to any agency designated to receive | ||||||
2 | reports of alleged or suspected abuse, abandonment, or | ||||||
3 | neglect. Any person, institution or agency authorized by the | ||||||
4 | Department to provide assessment, intervention, or | ||||||
5 | administrative services under this Act shall, in the good | ||||||
6 | faith performance of those services, have immunity from any | ||||||
7 | civil, criminal or other liability in any civil, criminal, or | ||||||
8 | other proceeding brought as a consequence of the performance | ||||||
9 | of those services. For the purposes of any civil, criminal, or | ||||||
10 | other proceeding, the good faith of any person required to | ||||||
11 | report, permitted to report, or participating in an | ||||||
12 | investigation of a report of alleged or suspected abuse, | ||||||
13 | abandonment, neglect, financial exploitation, or self-neglect | ||||||
14 | shall be presumed. | ||||||
15 | (c) The identity of a person making a report of alleged or | ||||||
16 | suspected abuse, abandonment, neglect, financial exploitation, | ||||||
17 | or self-neglect or a report concerning information about the | ||||||
18 | suspicious death of an eligible adult under this Act may be | ||||||
19 | disclosed by the Department or other agency provided for in | ||||||
20 | this Act only with such person's written consent or by court | ||||||
21 | order, but is otherwise confidential. | ||||||
22 | (d) The Department shall by rule establish a system for | ||||||
23 | filing and compiling reports made under this Act. | ||||||
24 | (e) Any physician who willfully fails to report as | ||||||
25 | required by this Act shall be referred to the Illinois State | ||||||
26 | Medical Disciplinary Board for action in accordance with |
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1 | subdivision (A)(22) of Section 22 of the Medical Practice Act | ||||||
2 | of 1987. Any dentist or dental hygienist who willfully fails | ||||||
3 | to report as required by this Act shall be referred to the | ||||||
4 | Department of Financial and Professional Regulation for | ||||||
5 | possible disciplinary action. Any optometrist who willfully | ||||||
6 | fails to report as required by this Act shall be referred to | ||||||
7 | the Department of Financial and Professional Regulation for | ||||||
8 | action in accordance with paragraph (15) of subsection (a) of | ||||||
9 | Section 24 of the Illinois Optometric Practice Act of 1987. | ||||||
10 | Any other mandated reporter required by this Act to report | ||||||
11 | suspected abuse, abandonment, neglect, or financial | ||||||
12 | exploitation who willfully fails to report the same is guilty | ||||||
13 | of a Class A misdemeanor. | ||||||
14 | (Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24; | ||||||
15 | 103-626, eff. 1-1-25 .) |