Full Text of SB0799 98th General Assembly
SB0799sam002 98TH GENERAL ASSEMBLY | Sen. Mattie Hunter Filed: 4/1/2014
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| 1 | | AMENDMENT TO SENATE BILL 799
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 799 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Adult Protective Services Act is amended by | 5 | | changing 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 | 8 | | context
requires otherwise:
| 9 | | (a) "Abuse" means causing any physical, mental or sexual | 10 | | injury to an
eligible adult, including exploitation of such | 11 | | adult's financial resources.
| 12 | | Nothing in this Act shall be construed to mean that an | 13 | | eligible adult is a
victim of abuse, neglect, or self-neglect | 14 | | for the sole reason that he or she is being
furnished with or | 15 | | relies upon treatment by spiritual means through prayer
alone, | 16 | | in accordance with the tenets and practices of a recognized |
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| 1 | | church
or religious denomination.
| 2 | | Nothing in this Act shall be construed to mean that an | 3 | | eligible adult is a
victim of abuse because of health care | 4 | | services provided or not provided by
licensed health care | 5 | | professionals.
| 6 | | (a-5) "Abuser" means a person who abuses, neglects, or | 7 | | financially
exploits an eligible adult.
| 8 | | (a-6) "Adult with disabilities" means a person aged 18 | 9 | | through 59 who resides in a domestic living situation and whose | 10 | | disability impairs his or her ability to seek or obtain | 11 | | protection from abuse, neglect, or exploitation. | 12 | | (a-7) "Caregiver" means a person who either as a result of | 13 | | a family
relationship, voluntarily, or in exchange for | 14 | | compensation has assumed
responsibility for all or a portion of | 15 | | the care of an eligible adult who needs
assistance with | 16 | | activities of daily
living.
| 17 | | (b) "Department" means the Department on Aging of the State | 18 | | of Illinois.
| 19 | | (c) "Director" means the Director of the Department.
| 20 | | (c-5) "Disability" means a physical or mental disability, | 21 | | including, but not limited to, a developmental disability, an | 22 | | intellectual disability, a mental illness as defined under the | 23 | | Mental Health and Developmental Disabilities Code, or dementia | 24 | | as defined under the Alzheimer's Disease Assistance Act. | 25 | | (d) "Domestic living situation" means a residence where the | 26 | | eligible
adult at the time of the report lives alone or with |
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| 1 | | his or her family or a caregiver, or others,
or other | 2 | | community-based unlicensed facility, but
is not:
| 3 | | (1) A licensed facility as defined in Section 1-113 of | 4 | | the Nursing Home
Care Act;
| 5 | | (1.5) A facility licensed under the ID/DD Community | 6 | | Care Act; | 7 | | (1.7) A facility licensed under the Specialized Mental | 8 | | Health Rehabilitation Act of 2013;
| 9 | | (2) A "life care facility" as defined in the Life Care | 10 | | Facilities Act;
| 11 | | (3) A home, institution, or other place operated by the | 12 | | federal
government or agency thereof or by the State of | 13 | | Illinois;
| 14 | | (4) A hospital, sanitarium, or other institution, the | 15 | | principal activity
or business of which is the diagnosis, | 16 | | care, and treatment of human illness
through the | 17 | | maintenance and operation of organized facilities | 18 | | therefor,
which is required to be licensed under the | 19 | | Hospital Licensing Act;
| 20 | | (5) A "community living facility" as defined in the | 21 | | Community Living
Facilities Licensing Act;
| 22 | | (6) (Blank);
| 23 | | (7) A "community-integrated living arrangement" as | 24 | | defined in
the Community-Integrated Living Arrangements | 25 | | Licensure and Certification Act or a "community | 26 | | residential alternative" as licensed under that Act;
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| 1 | | (8) An assisted living or shared housing establishment | 2 | | as defined in the Assisted Living and Shared Housing Act; | 3 | | or
| 4 | | (9) A supportive living facility as described in | 5 | | Section 5-5.01a of the Illinois Public Aid Code.
| 6 | | (e) "Eligible adult" means either an adult with | 7 | | disabilities aged 18 through 59 or a person aged 60 or older | 8 | | who
resides in a domestic living situation and is, or is | 9 | | alleged
to be, abused, neglected, or financially exploited by | 10 | | another individual or who neglects himself or herself.
| 11 | | (f) "Emergency" means a situation in which an eligible | 12 | | adult is living
in conditions presenting a risk of death or | 13 | | physical, mental or sexual
injury and the provider agency has | 14 | | reason to believe the eligible adult is
unable to
consent to | 15 | | services which would alleviate that risk.
| 16 | | (f-1) "Financial exploitation" means the use of an eligible | 17 | | adult's resources by another to the disadvantage of that adult | 18 | | or the profit or advantage of a person other than that adult. | 19 | | (f-5) "Mandated reporter" means any of the following | 20 | | persons
while engaged in carrying out their professional | 21 | | duties:
| 22 | | (1) a professional or professional's delegate while | 23 | | engaged in: (i) social
services, (ii) law enforcement, | 24 | | (iii) education, (iv) the care of an eligible
adult or | 25 | | eligible adults, or (v) any of the occupations required to | 26 | | be licensed
under
the Clinical Psychologist Licensing Act, |
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| 1 | | the Clinical Social Work and Social
Work Practice Act, the | 2 | | Illinois Dental Practice Act, the Dietitian Nutritionist | 3 | | Practice Act, the Marriage and Family Therapy Licensing | 4 | | Act, the
Medical Practice Act of 1987, the Naprapathic | 5 | | Practice Act, the
Nurse Practice Act, the Nursing Home
| 6 | | Administrators Licensing and
Disciplinary Act, the | 7 | | Illinois Occupational Therapy Practice Act, the Illinois
| 8 | | Optometric Practice Act of 1987, the Pharmacy Practice Act, | 9 | | the
Illinois Physical Therapy Act, the Physician Assistant | 10 | | Practice Act of 1987,
the Podiatric Medical Practice Act of | 11 | | 1987, the Respiratory Care Practice
Act,
the Professional | 12 | | Counselor and
Clinical Professional Counselor Licensing | 13 | | and Practice Act, the Illinois Speech-Language
Pathology | 14 | | and Audiology Practice Act, the Veterinary Medicine and | 15 | | Surgery
Practice Act of 2004, and the Illinois Public | 16 | | Accounting Act;
| 17 | | (1.5) an employee of an entity providing developmental | 18 | | disabilities services or service coordination funded by | 19 | | the Department of Human Services;
| 20 | | (2) an employee of a vocational rehabilitation | 21 | | facility prescribed or
supervised by the Department of | 22 | | Human Services;
| 23 | | (3) an administrator, employee, or person providing | 24 | | services in or through
an unlicensed community based | 25 | | facility;
| 26 | | (4) any religious practitioner who provides treatment |
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| 1 | | by prayer or spiritual means alone in accordance with the | 2 | | tenets and practices of a recognized church or religious | 3 | | denomination, except as to information received in any | 4 | | confession or sacred communication enjoined by the | 5 | | discipline of the religious denomination to be held | 6 | | confidential;
| 7 | | (5) field personnel of the Department of Healthcare and | 8 | | Family Services, Department of Public
Health, and | 9 | | Department of Human Services, and any county or
municipal | 10 | | health department;
| 11 | | (6) personnel of the Department of Human Services, the | 12 | | Guardianship and
Advocacy Commission, the State Fire | 13 | | Marshal, local fire departments, the
Department on Aging | 14 | | and its subsidiary Area Agencies on Aging and provider
| 15 | | agencies, and the Office of State Long Term Care Ombudsman;
| 16 | | (7) any employee of the State of Illinois not otherwise | 17 | | specified herein
who is involved in providing services to | 18 | | eligible adults, including
professionals providing medical | 19 | | or rehabilitation services and all
other persons having | 20 | | direct contact with eligible adults;
| 21 | | (8) a person who performs the duties of a coroner
or | 22 | | medical examiner; or
| 23 | | (9) a person who performs the duties of a paramedic or | 24 | | an emergency
medical
technician ; or .
| 25 | | (10) any employee or officer of a bank, credit union, | 26 | | or savings institution operating in Illinois who has direct |
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| 1 | | customer contact through a face-to-face or telephonic | 2 | | conversation. | 3 | | (g) "Neglect" means
another individual's failure to | 4 | | provide an eligible
adult with or willful withholding from an | 5 | | eligible adult the necessities of
life including, but not | 6 | | limited to, food, clothing, shelter or health care.
This | 7 | | subsection does not create any new affirmative duty to provide | 8 | | support to
eligible adults. Nothing in this Act shall be | 9 | | construed to mean that an
eligible adult is a victim of neglect | 10 | | because of health care services provided
or not provided by | 11 | | licensed health care professionals.
| 12 | | (h) "Provider agency" means any public or nonprofit agency | 13 | | in a planning
and service area that is selected by the | 14 | | Department or appointed by the regional administrative agency | 15 | | with prior
approval by the Department on Aging to receive and | 16 | | assess reports of
alleged or suspected abuse, neglect, or | 17 | | financial exploitation. A provider agency is also referenced as | 18 | | a "designated agency" in this Act.
| 19 | | (i) "Regional administrative agency" means any public or | 20 | | nonprofit
agency in a planning and service area so designated | 21 | | by the Department,
provided that the designated Area Agency on | 22 | | Aging shall be designated the
regional administrative agency if | 23 | | it so requests.
The Department shall assume the functions of | 24 | | the regional administrative
agency for any planning and service | 25 | | area where another agency is not so
designated.
| 26 | | (i-5) "Self-neglect" means a condition that is the result |
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| 1 | | of an eligible adult's inability, due to physical or mental | 2 | | impairments, or both, or a diminished capacity, to perform | 3 | | essential self-care tasks that substantially threaten his or | 4 | | her own health, including: providing essential food, clothing, | 5 | | shelter, and health care; and obtaining goods and services | 6 | | necessary to maintain physical health, mental health, | 7 | | emotional well-being, and general safety. The term includes | 8 | | compulsive hoarding, which is characterized by the acquisition | 9 | | and retention of large quantities of items and materials that | 10 | | produce an extensively cluttered living space, which | 11 | | significantly impairs the performance of essential self-care | 12 | | tasks or otherwise substantially threatens life or safety.
| 13 | | (j) "Substantiated case" means a reported case of alleged | 14 | | or suspected
abuse, neglect, financial exploitation, or | 15 | | self-neglect in which a provider agency,
after assessment, | 16 | | determines that there is reason to believe abuse,
neglect, or | 17 | | financial exploitation has occurred.
| 18 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300, | 19 | | eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12; | 20 | | 97-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff. | 21 | | 7-22-13; revised 9-19-13.)
| 22 | | Section 99. Effective date. This Act takes effect January | 23 | | 1, 2015.".
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