Full Text of HB0399 94th General Assembly
HB0399ham001 94TH GENERAL ASSEMBLY
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Health Care Availability and Access Committee
Filed: 3/1/2005
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LRB094 05629 DRJ 42684 a |
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| AMENDMENT TO HOUSE BILL 399
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| AMENDMENT NO. ______. Amend House Bill 399 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Health Care Workplace Violence Prevention Act. | 6 |
| Section 5. Findings. The General Assembly finds as follows: | 7 |
| (1) Violence is an escalating problem in many health | 8 |
| care workplaces in this State and across the nation. | 9 |
| (2) The actual incidence of workplace violence in | 10 |
| health care workplaces, in particular, is likely to be | 11 |
| greater than documented because of failure to report such | 12 |
| incidents or failure to maintain records of incidents that | 13 |
| are reported. | 14 |
| (3) Patients, visitors, and health care employees | 15 |
| should be assured a reasonably safe and secure environment | 16 |
| in a health care workplace. | 17 |
| (4) Many health care workplaces have undertaken | 18 |
| efforts to ensure that patients, visitors, and employees | 19 |
| are safe from violence, but additional personnel training | 20 |
| and appropriate safeguards may be needed to prevent | 21 |
| workplace violence and minimize the risk and dangers | 22 |
| affecting people in connection with the delivery of health | 23 |
| care.
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| Section 10. Definitions. In this Act: | 2 |
| "Abuse" means any physical injury, sexual abuse, or mental | 3 |
| injury inflicted on a patient, employee, or visitor at a health | 4 |
| care workplace other than by accidental means. | 5 |
| "Department" means the Department of Labor. | 6 |
| "Director" means the Director of Labor. | 7 |
| "Employee" means any individual who is employed on a | 8 |
| full-time, part-time, or contractual basis by a health care | 9 |
| workplace. | 10 |
| "Health care workplace" means any of the following: | 11 |
| (1) A public or private hospital licensed under the | 12 |
| Hospital Licensing Act or a hospital organized under the | 13 |
| University of Illinois Hospital Act. | 14 |
| (2) A mental health facility or developmental | 15 |
| disability facility as defined in the Mental Health and | 16 |
| Developmental Disabilities Code. | 17 |
| "Imminent danger" means a preliminary determination of | 18 |
| immediate, threatened, or impending risk of physical injury as | 19 |
| determined by the employee. | 20 |
| "Responsible agency" means the State agency that (i) | 21 |
| licenses, certifies, registers, or otherwise regulates or | 22 |
| exercises jurisdiction over a health care workplace or a health | 23 |
| care workplace's activities or (ii) contracts with a health | 24 |
| care workplace for the delivery of health care services.
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| "Violence" or "violent act" means any act by a person that | 26 |
| causes abuse of another person.
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| Section 15. Workplace violence plan. | 28 |
| (a) By July 1, 2006, every health care workplace must adopt | 29 |
| and implement a plan to reasonably prevent and protect | 30 |
| employees from violence at that setting. The plan must address | 31 |
| security considerations related to the following items, as | 32 |
| appropriate to the particular workplace, based on the hazards | 33 |
| identified in the assessment required under subsection (b):
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| (1) The physical attributes of the health care | 2 |
| workplace. | 3 |
| (2) Staffing, including security staffing. | 4 |
| (3) Personnel policies. | 5 |
| (4) First aid and emergency procedures. | 6 |
| (5) The reporting of violent acts. | 7 |
| (6) Employee education and training.
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| (b) Before adopting the plan required under subsection (a), | 9 |
| a health care workplace must conduct a security and safety | 10 |
| assessment to identify existing or potential hazards for | 11 |
| violence and determine the appropriate preventive action to be | 12 |
| taken. The assessment must include, but need not be limited to, | 13 |
| a measure of the frequency of, and an identification of the | 14 |
| causes for and consequences of, violent acts at the workplace | 15 |
| during at least the preceding 5 years or for the years for | 16 |
| which records are available for assessments involving home | 17 |
| health agencies or hospice programs.
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| (c) In adopting the plan required by subsection (a), a | 19 |
| health care workplace may consider any guidelines on violence | 20 |
| in the workplace or in health care workplaces issued by the | 21 |
| Department of Public Health, the Department of Human Services, | 22 |
| the Department of Labor, the federal Occupational Safety and | 23 |
| Health Administration, Medicare, and health care workplace | 24 |
| accrediting organizations.
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| (d) It is the intent of the General Assembly that any | 26 |
| violence protection and prevention plan developed under this | 27 |
| Act be appropriate to the setting in which it is to be | 28 |
| implemented. To that end, the General Assembly recognizes that | 29 |
| not all health care services are provided in a facility or | 30 |
| other formal setting, such as a hospital. Many health care | 31 |
| services are provided in other, less formal settings. The | 32 |
| General Assembly finds that it may inappropriate and | 33 |
| impractical for all health care workplaces to address workplace | 34 |
| violence in the same manner. When enforcing this Act, the |
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| Department shall allow a health care workplace sufficient | 2 |
| flexibility in recognition of the unique circumstances in which | 3 |
| the health care workplace may deliver services. | 4 |
| (e) Promptly after adopting a plan under subsection (a), a | 5 |
| health care workplace must file a copy of its plan with the | 6 |
| Department. The Department shall then forward a copy of the | 7 |
| plan to the appropriate responsible agency. | 8 |
| (f) A health care workplace must review its plan at least | 9 |
| once every 3 years and must report each such review to the | 10 |
| Department, together with any changes to the plan adopted by | 11 |
| the health care workplace. If a health care workplace does not | 12 |
| adopt any changes to its plan in response to such a review, it | 13 |
| must report that fact to the Department. A health care | 14 |
| workplace must promptly report to the Department all changes to | 15 |
| the health care workplace's plan, regardless of whether those | 16 |
| changes were adopted in response to a periodic review required | 17 |
| under this subsection. The Department shall then forward a copy | 18 |
| of the review report and changes, if any, to the appropriate | 19 |
| responsible agency. | 20 |
| (g) A health care workplace that is required to submit | 21 |
| written documentation of active safety and violence prevention | 22 |
| plans to comply with national accreditation standards shall be | 23 |
| deemed to be in compliance with subsections (a), (b), (c), and | 24 |
| (f) of this Section when the health care workplace forwards a | 25 |
| copy of that documentation to the Department. | 26 |
| Section 20. Violence prevention training. By July 1, 2007, | 27 |
| and on a regular basis thereafter, as set forth in the plan | 28 |
| adopted under Section 15, a health care workplace must provide | 29 |
| violence prevention training to all its affected employees as | 30 |
| determined by the plan. For temporary employees, training must | 31 |
| take into account unique circumstances. A health care workplace | 32 |
| also shall provide periodic follow-up training for its | 33 |
| employees as appropriate. The training may vary by the plan and |
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| may include, but need not be limited to, classes, videotapes, | 2 |
| brochures, verbal training, or other verbal or written training | 3 |
| that is determined to be appropriate under the plan. The | 4 |
| training must address the following topics, as appropriate to | 5 |
| the particular health care workplace and to the duties and | 6 |
| responsibilities of the particular employee being trained, | 7 |
| based on the hazards identified in the assessment required | 8 |
| under Section 15:
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| (1) General safety procedures. | 10 |
| (2) Personal safety procedures. | 11 |
| (3) The violence escalation cycle. | 12 |
| (4) Violence-predicting factors. | 13 |
| (5) Obtaining patient history from a patient with a | 14 |
| history of violent behavior. | 15 |
| (6) Verbal and physical techniques to de-escalate and | 16 |
| minimize violent behavior. | 17 |
| (7) Strategies to avoid physical harm. | 18 |
| (8) Restraining techniques. | 19 |
| (9) Appropriate use of medications to reduce violent | 20 |
| behavior. | 21 |
| (10) Documenting and reporting incidents of violence. | 22 |
| (11) The process whereby employees affected by a | 23 |
| violent act may debrief. | 24 |
| (12) Any resources available to employees for coping | 25 |
| with violence. | 26 |
| (13) The workplace violence prevention plan adopted | 27 |
| under Section 15.
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| Section 25. Record of violent acts; reporting of violent | 29 |
| acts. | 30 |
| (a) Beginning no later than July 1, 2006, every health care | 31 |
| workplace must keep a record of any violent act against an | 32 |
| employee, a patient, or a visitor occurring at the workplace. | 33 |
| At a minimum, the record must include the following:
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| (1) The health care workplace's name and address. | 2 |
| (2) The date, time, and specific location at the health | 3 |
| care workplace where the violent act occurred. | 4 |
| (3) The name, job title, department or ward assignment, | 5 |
| and staff identification or other identifier of the victim, | 6 |
| if the victim was an employee. | 7 |
| (4) A description of the person against whom the | 8 |
| violent act was committed as one of the following:
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| (A) A patient. | 10 |
| (B) A visitor. | 11 |
| (C) An employee. | 12 |
| (D) Other. | 13 |
| (5) A description of the person committing the violent | 14 |
| act as one of the following:
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| (A) A patient. | 16 |
| (B) A visitor. | 17 |
| (C) An employee. | 18 |
| (D) Other. | 19 |
| (6) A description of the type of abuse as one of the | 20 |
| following:
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| (A) A verbal or physical threat that presents | 22 |
| imminent danger to an employee. | 23 |
| (B) A physical assault with mild soreness, surface | 24 |
| abrasions, scratches, or small bruises. | 25 |
| (C) A physical assault with major soreness, cuts, | 26 |
| or large bruises. | 27 |
| (D) A physical assault with severe lacerations, a | 28 |
| bone fracture, or a head injury. | 29 |
| (E) A physical assault with loss of limb or death. | 30 |
| (7) An identification of any body part injured. | 31 |
| (8) A description of any weapon used. | 32 |
| (9) The number of employees in the vicinity of the | 33 |
| violent act when it occurred. | 34 |
| (10) A description of actions taken by employees and |
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| the health care workplace in response to the violent act. | 2 |
| (b) A health care workplace must immediately report the | 3 |
| occurrence of a violent act to the Department and to the | 4 |
| appropriate law enforcement agency. The Department shall | 5 |
| promptly forward a copy of the report of a violent act to the | 6 |
| appropriate responsible agency. In addition, in the case of a | 7 |
| report of a violent act occurring at a State-operated mental | 8 |
| health or developmental disability facility under the | 9 |
| jurisdiction of the Department of Human Services, the | 10 |
| Department shall promptly forward a copy of the report to the | 11 |
| Department of State Police and to the Inspector General | 12 |
| appointed under Section 6.2 of the Abused and Neglected Long | 13 |
| Term Care Facility Residents Reporting Act.
The Department of | 14 |
| State Police shall
investigate any report indicating a possible | 15 |
| murder, rape, or other felony.
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| The health care workplace must
also make each report of a | 17 |
| violent act in writing within
24 hours after the occurrence of | 18 |
| a violent act. | 19 |
| (c) The Department or other appropriate responsible agency
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| shall initiate an investigation of each report of a violent | 21 |
| act. A report of a violent act that
indicates that a patient's | 22 |
| life or safety is in imminent danger must be
investigated | 23 |
| within 24 hours after the Department or other responsible | 24 |
| agency receives the report. The Department or other responsible | 25 |
| agency may delegate to a
law enforcement agency or other public | 26 |
| agency the duty to perform an
investigation under this | 27 |
| subsection. Nothing in this Section diminishes the duty of law | 28 |
| enforcement officers to respond to and investigate incidents of | 29 |
| possible criminal conduct.
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| (d) A health care workplace must annually forward a copy of | 31 |
| each such record of a violent act to the Department of Labor, | 32 |
| which in turn shall forward a copy to the appropriate | 33 |
| responsible agency. | 34 |
| (e) A health care workplace must keep each record of a |
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| violent act for at least 5 years following the occurrence of | 2 |
| the violent act. During that time, the record must be available | 3 |
| for inspection by the Department or by the appropriate | 4 |
| responsible agency, upon request and subject to client | 5 |
| confidentiality. The Department and each responsible agency | 6 |
| must also make the record available to the General Assembly | 7 |
| upon request, so long as the release of the record to the | 8 |
| General Assembly does not violate client confidentiality. | 9 |
| Section 30. Assistance in complying with Act. A health care | 10 |
| workplace that needs assistance in complying with this Act may | 11 |
| contact the federal Department of Labor or the Illinois | 12 |
| Department of Labor for assistance. The Illinois departments of | 13 |
| Labor, Human Services, and Public Health shall collaborate with | 14 |
| representatives of health care workplaces to develop technical | 15 |
| assistance and training seminars on developing and | 16 |
| implementing a workplace violence plan as required under | 17 |
| Section 15. Those departments shall coordinate their | 18 |
| assistance to health care workplaces. | 19 |
| Section 35. Noncompliance with Act; order to comply; civil | 20 |
| penalty. | 21 |
| (a) If the Director determines that a health care workplace | 22 |
| has violated this Act or the rules implementing this Act, the | 23 |
| Director shall issue an order directing the health care | 24 |
| workplace to comply with the Act or rules. | 25 |
| (b) If a health care workplace fails to comply with an | 26 |
| order of the Director issued under subsection (a), the Director | 27 |
| may impose a civil penalty against the health care workplace in | 28 |
| an amount set by rule. The Director may impose a civil penalty | 29 |
| under this subsection only after the Director provides the | 30 |
| following to the health care workplace: | 31 |
| (1) Written notice of the alleged failure to comply | 32 |
| with the Director's order. |
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| (2) Written notice of the health care workplace's right | 2 |
| to request an administrative hearing on the question of the | 3 |
| alleged failure to comply. | 4 |
| (3) An opportunity to present evidence, orally or in | 5 |
| writing or both, on the question of the alleged failure to | 6 |
| comply before an impartial hearing examiner appointed by | 7 |
| the Director. | 8 |
| (4) A written decision from the Director, based on the | 9 |
| evidence introduced at the hearing and the hearing | 10 |
| examiner's recommendations, finding that the health care | 11 |
| workplace failed to comply with the Director's order and | 12 |
| imposing the civil penalty.
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| The Attorney General may bring an action in the circuit | 14 |
| court to enforce the collection of a civil penalty imposed | 15 |
| under this subsection. | 16 |
| (c) The penalties authorized by this Section are in | 17 |
| addition to any other penalties authorized by law, including | 18 |
| administrative action with respect to a health care workplace's | 19 |
| license, certification, or registration by a regulatory | 20 |
| agency.
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| Section 40. Rules. The Department shall adopt rules to | 22 |
| implement this Act.
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| Section 45. Hospitals; when deemed in compliance. | 24 |
| Notwithstanding any other provision of this Act, a hospital | 25 |
| licensed under the Hospital Licensing Act or organized under | 26 |
| the University of Illinois Hospital Act shall be deemed to be | 27 |
| in compliance with this Act if the hospital: | 28 |
| (1) has a written plan to manage the safety of | 29 |
| patients, staff, and visitors that is consistent with the | 30 |
| requirements of a national accreditation organization and | 31 |
| submits a copy of that plan to the Department of Public | 32 |
| Health; and |
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| (2) completes reports of incidents of violence to | 2 |
| patients, staff, and visitors that are available for review | 3 |
| by the Department of Public Health. | 4 |
| Section 900. The Illinois State Auditing Act is amended by | 5 |
| changing Section 3-2 as follows: | 6 |
| (30 ILCS 5/3-2) (from Ch. 15, par. 303-2)
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| Sec. 3-2. Mandatory and directed post audits. The Auditor | 8 |
| General
shall conduct a financial audit, a compliance audit, or | 9 |
| other attestation
engagement, as is appropriate to the agency's | 10 |
| operations under generally
accepted
government auditing | 11 |
| standards, of each State agency except the Auditor
General or | 12 |
| his office at least once
during every biennium, except as is | 13 |
| otherwise provided in regulations
adopted under Section 3-8. | 14 |
| The general direction and supervision of the
financial audit | 15 |
| program may be delegated only to an individual who is a
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| Certified Public Accountant and a payroll employee of the | 17 |
| Office of the
Auditor General. In the conduct of financial | 18 |
| audits, compliance audits, and
other attestation engagements, | 19 |
| the
Auditor General may inquire into and report upon matters | 20 |
| properly within
the scope of a performance audit, provided that
| 21 |
| such inquiry
shall be limited to matters arising during the | 22 |
| ordinary course of the
financial audit.
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| In any year the Auditor General shall conduct any special | 24 |
| audits as may
be necessary to form an opinion on the financial | 25 |
| statements of
this State, as
prepared by the Comptroller, and | 26 |
| to certify that this presentation is in
accordance with | 27 |
| generally accepted accounting principles for government.
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| Simultaneously with the biennial compliance audit of the
| 29 |
| Department of
Human Services, the
Auditor General shall
conduct | 30 |
| a program audit of each facility under the jurisdiction of that
| 31 |
| Department that is described in Section 4 of the
Mental Health
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| and Developmental Disabilities Administrative Act. The program |
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| audit
shall include an examination of the records of each | 2 |
| facility concerning
(i) reports of suspected abuse or neglect | 3 |
| of any patient or resident of the
facility and (ii) reports of | 4 |
| suspected abuse of facility staff by patients or residents . The | 5 |
| Auditor General shall report the findings of the program
audit | 6 |
| to the Governor and the General Assembly, including findings
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| concerning patterns or trends relating to (i) abuse or neglect | 8 |
| of facility
patients and residents or (ii) abuse of facility | 9 |
| staff . However, for any year for which the Inspector
General | 10 |
| submits a report to the Governor and General Assembly as | 11 |
| required under
Section 6.7 of the Abused and Neglected Long | 12 |
| Term Care Facility Residents
Reporting Act, the Auditor General | 13 |
| need not conduct the program audit otherwise
required under | 14 |
| this paragraph.
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| The Auditor General shall conduct a performance
audit of a
| 16 |
| State agency when so directed by the Commission, or by either | 17 |
| house of
the General Assembly, in a resolution identifying the | 18 |
| subject, parties
and scope. Such a directing resolution may:
| 19 |
| (a) require the Auditor General to examine and report | 20 |
| upon specific
management efficiencies or cost | 21 |
| effectiveness proposals specified therein;
| 22 |
| (b) in the case of a program audit, set forth specific | 23 |
| program
objectives, responsibilities or duties or may | 24 |
| specify the program
performance standards or program | 25 |
| evaluation standards to be the basis of
the program audit;
| 26 |
| (c) be directed at particular procedures or functions | 27 |
| established by
statute, by administrative regulation or by | 28 |
| precedent; and
| 29 |
| (d) require the Auditor General to examine and report | 30 |
| upon specific
proposals relating to state programs | 31 |
| specified in the resolution.
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| The Commission may by resolution clarify, further direct, | 33 |
| or limit
the scope of any audit directed by a resolution of the | 34 |
| House or Senate,
provided that any such action by the |
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| Commission must be consistent with
the terms of the directing | 2 |
| resolution.
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| (Source: P.A. 93-630, eff. 12-23-03.)
| 4 |
| Section 905. The Community Living Facilities Licensing Act | 5 |
| is amended by changing Section 11 as follows:
| 6 |
| (210 ILCS 35/11) (from Ch. 111 1/2, par. 4191)
| 7 |
| Sec. 11. Grounds for denial or revocation of a license. The | 8 |
| Department
may deny or begin proceedings to revoke a license if | 9 |
| the applicant or licensee
has been convicted of a felony or 2 | 10 |
| or more misdemeanors involving moral
turpitude, as shown by a | 11 |
| certified copy of the court of conviction; if the
Department | 12 |
| determines after investigation that such person has not been
| 13 |
| sufficiently rehabilitated to warrant the public trust; or upon | 14 |
| other satisfactory
evidence that the moral
character of the | 15 |
| applicant or licensee is not reputable. In addition, the
| 16 |
| Department may deny or begin proceedings to revoke a license at | 17 |
| any time
if the licensee:
| 18 |
| (1) Submits false information either on Department | 19 |
| licensure forms or
during an inspection;
| 20 |
| (2) Refuses to allow an inspection to occur;
| 21 |
| (3) Violates this Act or rules and regulations promulgated | 22 |
| under this Act;
| 23 |
| (4) Violates the rights of its residents;
| 24 |
| (5) Fails to submit or implement a plan of correction | 25 |
| within the specified
time period. | 26 |
| The Department also may begin proceedings to revoke a | 27 |
| license if the Department determines that a licensee (i) has | 28 |
| failed to file a workplace violence prevention plan, or a | 29 |
| review of such a plan or changes made to such a plan, as | 30 |
| required under the Health Care Workplace Violence Prevention | 31 |
| Act or (ii) has failed to report a violent act as required | 32 |
| under that Act.
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| (Source: P.A. 82-567.)
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| Section 915. The Hospital Licensing Act is amended by | 3 |
| changing Section 7 as follows:
| 4 |
| (210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
| 5 |
| Sec. 7. (a) The Director after notice and opportunity for | 6 |
| hearing to the
applicant or licensee may deny, suspend, or | 7 |
| revoke a permit to establish a
hospital or deny, suspend, or | 8 |
| revoke a license to open, conduct, operate,
and maintain a | 9 |
| hospital in any case in which he finds that there has been a
| 10 |
| substantial failure (i) to comply with the provisions of this | 11 |
| Act or the Hospital
Report Card Act or the standards, rules, | 12 |
| and regulations established by
virtue of either of those Acts | 13 |
| or (ii) to file a workplace violence prevention plan, or a | 14 |
| review of such a plan or changes made to such a plan, as | 15 |
| required under the Health Care Workplace Violence Prevention | 16 |
| Act or to report a violent act as required under that Act .
| 17 |
| (b) Such notice shall be effected by registered mail or by | 18 |
| personal
service setting forth the particular reasons for the | 19 |
| proposed action and
fixing a date, not less than 15 days from | 20 |
| the date of such mailing or
service, at which time the | 21 |
| applicant or licensee shall be given an
opportunity for a | 22 |
| hearing. Such hearing shall be conducted by the Director
or by | 23 |
| an employee of the Department designated in writing by the | 24 |
| Director
as Hearing Officer to conduct the hearing. On the | 25 |
| basis of any such
hearing, or upon default of the applicant or | 26 |
| licensee, the Director shall
make a determination specifying | 27 |
| his findings and conclusions. In case of a
denial to an | 28 |
| applicant of a permit to establish a hospital, such
| 29 |
| determination shall specify the subsection of Section 6 under | 30 |
| which the
permit was denied and shall contain findings of fact | 31 |
| forming the basis of
such denial. A copy of such determination | 32 |
| shall be sent by registered mail
or served personally upon the |
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| applicant or licensee. The decision denying,
suspending, or | 2 |
| revoking a permit or a license shall become final 35 days
after | 3 |
| it is so mailed or served, unless the applicant or licensee, | 4 |
| within
such 35 day period, petitions for review pursuant to | 5 |
| Section 13.
| 6 |
| (c) The procedure governing hearings authorized by this | 7 |
| Section shall be
in accordance with rules promulgated by the | 8 |
| Department and approved by the
Hospital Licensing Board. A full | 9 |
| and complete record shall be kept of all
proceedings, including | 10 |
| the notice of hearing, complaint, and all other
documents in | 11 |
| the nature of pleadings, written motions filed in the
| 12 |
| proceedings, and the report and orders of the Director and | 13 |
| Hearing Officer.
All testimony shall be reported but need not | 14 |
| be transcribed unless the
decision is appealed pursuant to | 15 |
| Section 13. A copy or copies of the
transcript may be obtained | 16 |
| by any interested party on payment of the cost
of preparing | 17 |
| such copy or copies.
| 18 |
| (d) The Director or Hearing Officer shall upon his own | 19 |
| motion, or on the
written request of any party to the | 20 |
| proceeding, issue subpoenas requiring
the attendance and the | 21 |
| giving of testimony by witnesses, and subpoenas
duces tecum | 22 |
| requiring the production of books, papers, records, or
| 23 |
| memoranda. All subpoenas and subpoenas duces tecum issued under | 24 |
| the terms
of this Act may be served by any person of full age. | 25 |
| The fees of witnesses
for attendance and travel shall be the | 26 |
| same as the fees of witnesses before
the Circuit Court of this | 27 |
| State, such fees to be paid when the witness is
excused from | 28 |
| further attendance. When the witness is subpoenaed at the
| 29 |
| instance of the Director, or Hearing Officer, such fees shall | 30 |
| be paid in
the same manner as other expenses of the Department, | 31 |
| and when the witness
is subpoenaed at the instance of any other | 32 |
| party to any such proceeding the
Department may require that | 33 |
| the cost of service of the subpoena or subpoena
duces tecum and | 34 |
| the fee of the witness be borne by the party at whose
instance |
|
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| 1 |
| the witness is summoned. In such case, the Department in its
| 2 |
| discretion, may require a deposit to cover the cost of such | 3 |
| service and
witness fees. A subpoena or subpoena duces tecum | 4 |
| issued as aforesaid shall
be served in the same manner as a | 5 |
| subpoena issued out of a court.
| 6 |
| (e) Any Circuit Court of this State upon the application of | 7 |
| the
Director, or upon the application of any other party to the | 8 |
| proceeding,
may, in its discretion, compel the attendance of | 9 |
| witnesses, the production
of books, papers, records, or | 10 |
| memoranda and the giving of testimony before
the Director or | 11 |
| Hearing Officer conducting an investigation or holding a
| 12 |
| hearing authorized by this Act, by an attachment for contempt, | 13 |
| or
otherwise, in the same manner as production of evidence may | 14 |
| be compelled
before the court.
| 15 |
| (f) The Director or Hearing Officer, or any party in an | 16 |
| investigation or
hearing before the Department, may cause the | 17 |
| depositions of witnesses
within the State to be taken in the | 18 |
| manner prescribed by law for like
depositions in civil actions | 19 |
| in courts of this State, and to that end
compel the attendance | 20 |
| of witnesses and the production of books, papers,
records, or | 21 |
| memoranda.
| 22 |
| (Source: P.A. 93-563, eff. 1-1-04.)
| 23 |
| Section 920. The Community-Integrated Living Arrangements | 24 |
| Licensure and
Certification Act is amended by changing Section | 25 |
| 6 as follows:
| 26 |
| (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
| 27 |
| Sec. 6. (a) The Department shall deny an application for a | 28 |
| license,
or revoke or refuse to renew the license of a | 29 |
| community mental health or
developmental services agency, or | 30 |
| refuse to issue a license to the holder
of a temporary permit, | 31 |
| if the Department determines that the applicant,
agency or | 32 |
| permit holder has not complied with a provision of this Act, |
|
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| the
Mental Health and Developmental Disabilities Code, or | 2 |
| applicable Department
rules and regulations. Specific grounds | 3 |
| for denial or revocation of a
license, or refusal to renew a | 4 |
| license or to
issue a license to the holder of a temporary | 5 |
| permit, shall include but not be limited to:
| 6 |
| (1) Submission of false information either on Department | 7 |
| licensure forms
or during an inspection;
| 8 |
| (2) Refusal to allow an inspection to occur;
| 9 |
| (3) Violation of this Act or rules and regulations | 10 |
| promulgated under this Act;
| 11 |
| (4) Violation of the rights of a recipient; or
| 12 |
| (5) Failure to submit or implement a plan of correction | 13 |
| within the
specified time period ; or | 14 |
| (6) Failure (i) to file a workplace violence prevention | 15 |
| plan, or a review of such a plan or changes made to such a plan, | 16 |
| as required under the Health Care Workplace Violence Prevention | 17 |
| Act or (ii) to report a violent act as required under that Act .
| 18 |
| (b) If the Department determines that the operation of a | 19 |
| community mental health
or developmental services agency or one | 20 |
| or more of the programs or
placements certified by the agency | 21 |
| under this Act jeopardizes the health,
safety or welfare of the | 22 |
| recipients served by the agency, the Department
may immediately | 23 |
| revoke the agency's license and may direct the agency to
| 24 |
| withdraw recipients from any such program or placement.
| 25 |
| (Source: P.A. 85-1250.)
| 26 |
| Section 999. Effective date. This Act takes effect upon | 27 |
| becoming law.".
|
|