97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0774

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
320 ILCS 20/4  from Ch. 23, par. 6604

    Amends the Elder Abuse and Neglect Act. Makes a technical change in a Section concerning reports of abuse or neglect.


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A BILL FOR

 

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1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Elder Abuse and Neglect Act is amended by
5changing Section 4 as follows:
 
6    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
7    Sec. 4. Reports of abuse or neglect.
8    (a) Any person who suspects the the abuse, neglect,
9financial exploitation, or self-neglect of an eligible adult
10may report this suspicion to an agency designated to receive
11such reports under this Act or to the Department.
12    (a-5) If any mandated reporter has reason to believe that
13an eligible adult, who because of dysfunction is unable to seek
14assistance for himself or herself, has, within the previous 12
15months, been subjected to abuse, neglect, or financial
16exploitation, the mandated reporter shall, within 24 hours
17after developing such belief, report this suspicion to an
18agency designated to receive such reports under this Act or to
19the Department. Whenever a mandated reporter is required to
20report under this Act in his or her capacity as a member of the
21staff of a medical or other public or private institution,
22facility, board and care home, or agency, he or she shall make
23a report to an agency designated to receive such reports under

 

 

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1this Act or to the Department in accordance with the provisions
2of this Act and may also notify the person in charge of the
3institution, facility, board and care home, or agency or his or
4her designated agent that the report has been made. Under no
5circumstances shall any person in charge of such institution,
6facility, board and care home, or agency, or his or her
7designated agent to whom the notification has been made,
8exercise any control, restraint, modification, or other change
9in the report or the forwarding of the report to an agency
10designated to receive such reports under this Act or to the
11Department. The privileged quality of communication between
12any professional person required to report and his or her
13patient or client shall not apply to situations involving
14abused, neglected, or financially exploited eligible adults
15and shall not constitute grounds for failure to report as
16required by this Act.
17    (a-7) A person making a report under this Act in the belief
18that it is in the alleged victim's best interest shall be
19immune from criminal or civil liability or professional
20disciplinary action on account of making the report,
21notwithstanding any requirements concerning the
22confidentiality of information with respect to such eligible
23adult which might otherwise be applicable.
24    (a-9) Law enforcement officers shall continue to report
25incidents of alleged abuse pursuant to the Illinois Domestic
26Violence Act of 1986, notwithstanding any requirements under

 

 

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1this Act.
2    (b) Any person, institution or agency participating in the
3making of a report, providing information or records related to
4a report, assessment, or services, or participating in the
5investigation of a report under this Act in good faith, or
6taking photographs or x-rays as a result of an authorized
7assessment, shall have immunity from any civil, criminal or
8other liability in any civil, criminal or other proceeding
9brought in consequence of making such report or assessment or
10on account of submitting or otherwise disclosing such
11photographs or x-rays to any agency designated to receive
12reports of alleged or suspected abuse or neglect. Any person,
13institution or agency authorized by the Department to provide
14assessment, intervention, or administrative services under
15this Act shall, in the good faith performance of those
16services, have immunity from any civil, criminal or other
17liability in any civil, criminal, or other proceeding brought
18as a consequence of the performance of those services. For the
19purposes of any civil, criminal, or other proceeding, the good
20faith of any person required to report, permitted to report, or
21participating in an investigation of a report of alleged or
22suspected abuse, neglect, financial exploitation, or
23self-neglect shall be presumed.
24    (c) The identity of a person making a report of alleged or
25suspected abuse, neglect, financial exploitation, or
26self-neglect under this Act may be disclosed by the Department

 

 

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1or other agency provided for in this Act only with such
2person's written consent or by court order.
3    (d) The Department shall by rule establish a system for
4filing and compiling reports made under this Act.
5    (e) Any physician who willfully fails to report as required
6by this Act shall be referred to the Illinois State Medical
7Disciplinary Board for action in accordance with subdivision
8(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
9dentist or dental hygienist who willfully fails to report as
10required by this Act shall be referred to the Department of
11Professional Regulation for action in accordance with
12paragraph 19 of Section 23 of the Illinois Dental Practice Act.
13Any optometrist who willfully fails to report as required by
14this Act shall be referred to the Department of Financial and
15Professional Regulation for action in accordance with
16paragraph (15) of subsection (a) of Section 24 of the Illinois
17Optometric Practice Act of 1987. Any other mandated reporter
18required by this Act to report suspected abuse, neglect, or
19financial exploitation who willfully fails to report the same
20is guilty of a Class A misdemeanor.
21(Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10;
2296-1000, eff. 7-2-10.)