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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 2 as follows:
6    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
7    Sec. 2. Definitions. As used in this Act, unless the
8context requires otherwise:
9    (a) "Abuse" means causing any physical, mental or sexual
10injury to an eligible adult, including exploitation of such
11adult's financial resources.
12    Nothing in this Act shall be construed to mean that an
13eligible adult is a victim of abuse, neglect, or self-neglect
14for the sole reason that he or she is being furnished with or
15relies upon treatment by spiritual means through prayer alone,
16in accordance with the tenets and practices of a recognized
17church or religious denomination.
18    Nothing in this Act shall be construed to mean that an
19eligible adult is a victim of abuse because of health care
20services provided or not provided by licensed health care
22    (a-5) "Abuser" means a person who abuses, neglects, or
23financially exploits an eligible adult.



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1    (a-7) "Caregiver" means a person who either as a result of
2a family relationship, voluntarily, or in exchange for
3compensation has assumed responsibility for all or a portion of
4the care of an eligible adult who needs assistance with
5activities of daily living.
6    (b) "Department" means the Department on Aging of the State
7of Illinois.
8    (c) "Director" means the Director of the Department.
9    (d) "Domestic living situation" means a residence where the
10eligible adult at the time of the report lives alone or with
11his or her family or a caregiver, or others, or a board and
12care home or other community-based unlicensed facility, but is
14        (1) A licensed facility as defined in Section 1-113 of
15    the Nursing Home Care Act;
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;
20        (3) A home, institution, or other place operated by the
21    federal government or agency thereof or by the State of
22    Illinois;
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;
3        (5) A "community living facility" as defined in the
4    Community Living Facilities Licensing Act;
5        (6) (Blank);
6        (7) A "community-integrated living arrangement" as
7    defined in the Community-Integrated Living Arrangements
8    Licensure and Certification Act;
9        (8) An assisted living or shared housing establishment
10    as defined in the Assisted Living and Shared Housing Act;
11    or
12        (9) A supportive living facility as described in
13    Section 5-5.01a of the Illinois Public Aid Code.
14    (e) "Eligible adult" means a person 60 years of age or
15older who resides in a domestic living situation and is, or is
16alleged to be, abused, neglected, or financially exploited by
17another individual or who neglects himself or herself.
18    (f) "Emergency" means a situation in which an eligible
19adult is living in conditions presenting a risk of death or
20physical, mental or sexual injury and the provider agency has
21reason to believe the eligible adult is unable to consent to
22services which would alleviate that risk.
23    (f-5) "Mandated reporter" means any of the following
24persons while engaged in carrying out their professional
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
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
16    Act, the Professional Counselor and Clinical Professional
17    Counselor Licensing Act, the Illinois Speech-Language
18    Pathology and Audiology Practice Act, the Veterinary
19    Medicine and Surgery Practice Act of 2004, and the Illinois
20    Public Accounting Act;
21        (2) an employee of a vocational rehabilitation
22    facility prescribed or supervised by the Department of
23    Human Services;
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;
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;
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
16    agencies, and the Office of State Long Term Care Ombudsman;
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;
22        (8) a person who performs the duties of a coroner or
23    medical examiner; or
24        (9) a person who performs the duties of a paramedic or
25    an emergency medical technician.
26    (g) "Neglect" means another individual's failure to



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1provide an eligible adult with or willful withholding from an
2eligible adult the necessities of life including, but not
3limited to, food, clothing, shelter or health care. This
4subsection does not create any new affirmative duty to provide
5support to eligible adults. Nothing in this Act shall be
6construed to mean that an eligible adult is a victim of neglect
7because of health care services provided or not provided by
8licensed health care professionals.
9    (h) "Provider agency" means any public or nonprofit agency
10in a planning and service area appointed by the regional
11administrative agency with prior approval by the Department on
12Aging to receive and assess reports of alleged or suspected
13abuse, neglect, or financial exploitation.
14    (i) "Regional administrative agency" means any public or
15nonprofit agency in a planning and service area so designated
16by the Department, provided that the designated Area Agency on
17Aging shall be designated the regional administrative agency if
18it so requests. The Department shall assume the functions of
19the regional administrative agency for any planning and service
20area where another agency is not so designated.
21    (i-5) "Self-neglect" means a condition that is the result
22of an eligible adult's inability, due to physical or mental
23impairments, or both, or a diminished capacity, to perform
24essential self-care tasks that substantially threaten his or
25her own health, including: providing essential food, clothing,
26shelter, and health care; and obtaining goods and services



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1necessary to maintain physical health, mental health,
2emotional well-being, and general safety. The term includes
3compulsive hoarding, which is characterized by the acquisition
4and retention of large quantities of items and materials that
5produce an extensively cluttered living space, which
6significantly impairs the performance of essential self-care
7tasks or otherwise substantially threatens life or safety.
8    (j) "Substantiated case" means a reported case of alleged
9or suspected abuse, neglect, financial exploitation, or
10self-neglect in which a provider agency, after assessment,
11determines that there is reason to believe abuse, neglect, or
12financial exploitation has occurred.
13(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;
1495-876, eff. 8-21-08; 96-339, eff. 7-1-10; 96-526, eff. 1-1-10;
1596-572, eff. 1-1-10; 96-1000, eff. 7-2-10.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.