Full Text of SB3179 100th General Assembly
SB3179 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3179 Introduced 2/15/2018, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: |
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Amends the Department of Human Services Act. Adds additional duties for the Inspector General for the Department of Human Services. Defines "substantiated" to mean that there is clear and convincing evidence (rather than a preponderance) to support the allegation of abuse, neglect, or financial exploitation. Amends the Mental Health and Developmental Disabilities Administrative Act. Defines "nurse-training". Changes the criteria for non-licensed authorized direct care staff. Provides that within one year after the bill's effective date, the Department shall prepare a report that identifies any efficiencies or improvements in Department operations, the oversight of agencies, and the reduction or elimination of duplicative activities. The report shall include a quality assessment of the feasibility of combining the functions of the Division of Developmental Disabilities' Bureau of Quality Management and the Department's Bureau of Accreditation, Licensure, and Certification. Upon the report's completion, the Department shall post the report on the Department's website and submit it to the General Assembly and Governor. Amends the Community-Integrated Living Arrangements Licensure and
Certification Act. Provides that using contemporary data gathered on reports of allegations of abuse, neglect, and financial exploitation, the Department shall establish a process by which the Department requires responses from agencies that annually report a number of allegations that are 2 or more standard deviations from the mean for all agencies. Provides that if an agency has documented evidence and has determined that the agency cannot adequately staff a community-integrated living arrangement, then the agency may take immediate steps to close the community-integrated living arrangement. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Human Services Act is amended | 5 | | by changing Section 1-17 as follows:
| 6 | | (20 ILCS 1305/1-17)
| 7 | | Sec. 1-17. Inspector General. | 8 | | (a) Nature and purpose. It is the express intent of the | 9 | | General Assembly to ensure the health, safety, and financial | 10 | | condition of individuals receiving services in this State due | 11 | | to mental illness, developmental disability, or both by | 12 | | protecting those persons from acts of abuse, neglect, or both | 13 | | by service providers. To that end, the Office of the Inspector | 14 | | General for the Department of Human Services is created to | 15 | | investigate and report upon allegations of the abuse, neglect, | 16 | | or financial exploitation of individuals receiving services | 17 | | within mental health facilities, developmental disabilities | 18 | | facilities, and community agencies operated, licensed, funded | 19 | | or certified by the Department of Human Services, but not | 20 | | licensed or certified by any other State agency. | 21 | | (b) Definitions. The following definitions apply to this | 22 | | Section: | 23 | | "Adult student with a disability" means an adult student, |
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| 1 | | age 18 through 21, inclusive, with an Individual Education | 2 | | Program, other than a resident of a facility licensed by the | 3 | | Department of Children and Family Services in accordance with | 4 | | the Child Care Act of 1969. For purposes of this definition, | 5 | | "through age 21, inclusive", means through the day before the | 6 | | student's 22nd birthday. | 7 | | "Agency" or "community agency" means (i) a community agency | 8 | | licensed, funded, or certified by the Department, but not | 9 | | licensed or certified by any other human services agency of the | 10 | | State, to provide mental health service or developmental | 11 | | disabilities service, or (ii) a program licensed, funded, or | 12 | | certified by the Department, but not licensed or certified by | 13 | | any other human services agency of the State, to provide mental | 14 | | health service or developmental disabilities service. | 15 | | "Aggravating circumstance" means a factor that is | 16 | | attendant to a finding and that tends to compound or increase | 17 | | the culpability of the accused. | 18 | | "Allegation" means an assertion, complaint, suspicion, or | 19 | | incident involving any of the following conduct by an employee, | 20 | | facility, or agency against an individual or individuals: | 21 | | mental abuse, physical abuse, sexual abuse, neglect, or | 22 | | financial exploitation. | 23 | | "Day" means working day, unless otherwise specified. | 24 | | "Deflection" means a situation in which an individual is | 25 | | presented for admission to a facility or agency, and the | 26 | | facility staff or agency staff do not admit the individual. |
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| 1 | | "Deflection" includes triage, redirection, and denial of | 2 | | admission. | 3 | | "Department" means the Department of Human Services. | 4 | | "Developmental disability" means "developmental | 5 | | disability" as defined in the Mental Health and Developmental | 6 | | Disabilities Code. | 7 | | "Egregious neglect" means a finding of neglect as | 8 | | determined by the Inspector General that (i) represents a gross | 9 | | failure to adequately provide for, or a callused indifference | 10 | | to, the health, safety, or medical needs of an individual and | 11 | | (ii) results in an individual's death or other serious | 12 | | deterioration of an individual's physical condition or mental | 13 | | condition. | 14 | | "Employee" means any person who provides services at the | 15 | | facility or agency on-site or off-site. The service | 16 | | relationship can be with the individual or with the facility or | 17 | | agency. Also, "employee" includes any employee or contractual | 18 | | agent of the Department of Human Services or the community | 19 | | agency involved in providing or monitoring or administering | 20 | | mental health or developmental disability services. This | 21 | | includes but is not limited to: owners, operators, payroll | 22 | | personnel, contractors, subcontractors, and volunteers. | 23 | | "Facility" or "State-operated facility" means a mental | 24 | | health facility or developmental disabilities facility | 25 | | operated by the Department. | 26 | | "Financial exploitation" means taking unjust advantage of |
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| 1 | | an individual's assets, property, or financial resources | 2 | | through deception, intimidation, or conversion for the | 3 | | employee's, facility's, or agency's own advantage or benefit. | 4 | | "Finding" means the Office of Inspector General's | 5 | | determination regarding whether an allegation is | 6 | | substantiated, unsubstantiated, or unfounded. | 7 | | "Health Care Worker Registry" or "Registry" means the | 8 | | Health Care Worker Registry under the Health Care Worker | 9 | | Background Check Act. | 10 | | "Individual" means any person receiving mental health | 11 | | service, developmental disabilities service, or both from a | 12 | | facility or agency, while either on-site or off-site. | 13 | | "Mental abuse" means the use of demeaning, intimidating, or | 14 | | threatening words, signs, gestures, or other actions by an | 15 | | employee about an individual and in the presence of an | 16 | | individual or individuals that results in emotional distress or | 17 | | maladaptive behavior, or could have resulted in emotional | 18 | | distress or maladaptive behavior, for any individual present. | 19 | | "Mental illness" means "mental illness" as defined in the | 20 | | Mental Health and Developmental Disabilities Code. | 21 | | "Mentally ill" means having a mental illness. | 22 | | "Mitigating circumstance" means a condition that (i) is | 23 | | attendant to a finding, (ii) does not excuse or justify the | 24 | | conduct in question, but (iii) may be considered in evaluating | 25 | | the severity of the conduct, the culpability of the accused, or | 26 | | both the severity of the conduct and the culpability of the |
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| 1 | | accused. | 2 | | "Neglect" means an employee's, agency's, or facility's | 3 | | failure to provide adequate medical care, personal care, or | 4 | | maintenance and that, as a consequence, (i) causes an | 5 | | individual pain, injury, or emotional distress, (ii) results in | 6 | | either an individual's maladaptive behavior or the | 7 | | deterioration of an individual's physical condition or mental | 8 | | condition, or (iii) places the individual's health or safety at | 9 | | substantial risk. | 10 | | "Person with a developmental disability" means a person | 11 | | having a developmental disability. | 12 | | "Physical abuse" means an employee's non-accidental and | 13 | | inappropriate contact with an individual that causes bodily | 14 | | harm. "Physical abuse" includes actions that cause bodily harm | 15 | | as a result of an employee directing an individual or person to | 16 | | physically abuse another individual. | 17 | | "Recommendation" means an admonition, separate from a | 18 | | finding, that requires action by the facility, agency, or | 19 | | Department to correct a systemic issue, problem, or deficiency | 20 | | identified during an investigation. | 21 | | "Required reporter" means any employee who suspects, | 22 | | witnesses, or is informed of an allegation of any one or more | 23 | | of the following: mental abuse, physical abuse, sexual abuse, | 24 | | neglect, or financial exploitation. | 25 | | "Secretary" means the Chief Administrative Officer of the | 26 | | Department. |
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| 1 | | "Sexual abuse" means any sexual contact or intimate | 2 | | physical contact between an employee and an individual, | 3 | | including an employee's coercion or encouragement of an | 4 | | individual to engage in sexual behavior that results in sexual | 5 | | contact, intimate physical contact, sexual behavior, or | 6 | | intimate physical behavior. Sexual abuse also includes (i) an | 7 | | employee's actions that result in the sending or showing of | 8 | | sexually explicit images to an individual via computer, | 9 | | cellular phone, electronic mail, portable electronic device, | 10 | | or other media with or without contact with the individual or | 11 | | (ii) an employee's posting of sexually explicit images of an | 12 | | individual online or elsewhere whether or not there is contact | 13 | | with the individual. | 14 | | "Sexually explicit images" includes, but is not limited to, | 15 | | any material which depicts nudity, sexual conduct, or | 16 | | sado-masochistic abuse, or which contains explicit and | 17 | | detailed verbal descriptions or narrative accounts of sexual | 18 | | excitement, sexual conduct, or sado-masochistic abuse. | 19 | | "Substantiated" means there is clear and convincing a | 20 | | preponderance of the evidence to support the allegation. | 21 | | "Unfounded" means there is not a preponderance of no | 22 | | credible evidence to support the allegation. | 23 | | "Unsubstantiated" means there is a preponderance of | 24 | | credible evidence, but less than clear and convincing a | 25 | | preponderance of evidence to support the allegation. | 26 | | (c) Appointment. The Governor shall appoint, and the Senate |
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| 1 | | shall confirm, an Inspector General. The Inspector General | 2 | | shall be appointed for a term of 4 years and shall function | 3 | | within the Department of Human Services and report to the | 4 | | Secretary and the Governor. | 5 | | (d) Operation and appropriation. The Inspector General | 6 | | shall function independently within the Department with | 7 | | respect to the operations of the Office, including the | 8 | | performance of investigations and issuance of findings and | 9 | | recommendations. The appropriation for the Office of Inspector | 10 | | General shall be separate from the overall appropriation for | 11 | | the Department. | 12 | | (e) Powers and duties. The Inspector General shall | 13 | | investigate reports of suspected mental abuse, physical abuse, | 14 | | sexual abuse, neglect, or financial exploitation of | 15 | | individuals in any mental health or developmental disabilities | 16 | | facility or agency and shall have authority to take immediate | 17 | | action to prevent any one or more of the following from | 18 | | happening to individuals under its jurisdiction: mental abuse, | 19 | | physical abuse, sexual abuse, neglect, or financial | 20 | | exploitation. Upon written request of an agency of this State, | 21 | | the Inspector General may assist another agency of the State in | 22 | | investigating reports of the abuse, neglect, or abuse and | 23 | | neglect of persons with mental illness, persons with | 24 | | developmental disabilities, or persons with both. To comply | 25 | | with the requirements of subsection (k) of this Section, the | 26 | | Inspector General shall also review all reportable deaths for |
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| 1 | | which there is no allegation of abuse or neglect. Nothing in | 2 | | this Section shall preempt any duties of the Medical Review | 3 | | Board set forth in the Mental Health and Developmental | 4 | | Disabilities Code. The Inspector General shall have no | 5 | | authority to investigate alleged violations of the State | 6 | | Officials and Employees Ethics Act. Allegations of misconduct | 7 | | under the State Officials and Employees Ethics Act shall be | 8 | | referred to the Office of the Governor's Executive Inspector | 9 | | General for investigation. | 10 | | (f) Limitations. The Inspector General shall not conduct an | 11 | | investigation within an agency or facility if that | 12 | | investigation would be redundant to or interfere with an | 13 | | investigation conducted by another State agency. The Inspector | 14 | | General shall have no supervision over, or involvement in, the | 15 | | routine programmatic, licensing, funding, or certification | 16 | | operations of the Department. Nothing in this subsection limits | 17 | | investigations by the Department that may otherwise be required | 18 | | by law or that may be necessary in the Department's capacity as | 19 | | central administrative authority responsible for the operation | 20 | | of the State's mental health and developmental disabilities | 21 | | facilities. | 22 | | (g) Rulemaking authority. The Inspector General shall | 23 | | promulgate rules establishing minimum requirements for | 24 | | reporting allegations as well as for initiating, conducting, | 25 | | and completing investigations based upon the nature of the | 26 | | allegation or allegations. The rules shall clearly establish |
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| 1 | | that if 2 or more State agencies could investigate an | 2 | | allegation, the Inspector General shall not conduct an | 3 | | investigation that would be redundant to, or interfere with, an | 4 | | investigation conducted by another State agency. The rules | 5 | | shall further clarify the method and circumstances under which | 6 | | the Office of Inspector General may interact with the | 7 | | licensing, funding, or certification units of the Department in | 8 | | preventing further occurrences of mental abuse, physical | 9 | | abuse, sexual abuse, neglect, egregious neglect, and financial | 10 | | exploitation. | 11 | | (h) Training programs. The Inspector General shall (i) | 12 | | establish a comprehensive program to ensure that every person | 13 | | authorized to conduct investigations receives ongoing training | 14 | | relative to investigation techniques, communication skills, | 15 | | community models of providing long-term services and supports | 16 | | for persons with intellectual or developmental disabilities | 17 | | and serious mental illnesses, and the appropriate means of | 18 | | interacting with persons with intellectual disabilities, | 19 | | developmental disabilities, or mental illnesses who are | 20 | | receiving services in a community setting receiving treatment | 21 | | for mental illness, developmental disability, or both mental | 22 | | illness and developmental disability , and (ii) establish and | 23 | | conduct periodic training programs for facility and agency | 24 | | employees concerning the prevention and reporting of any one or | 25 | | more of the following: mental abuse, physical abuse, sexual | 26 | | abuse, neglect, egregious neglect, or financial exploitation. |
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| 1 | | The Inspector General shall ensure all investigators are | 2 | | trained on the role of nurses as provided in 59 Ill. Adm. Code | 3 | | 116. Nothing in this Section shall be deemed to prevent the | 4 | | Office of Inspector General from conducting any other training | 5 | | as determined by the Inspector General to be necessary or | 6 | | helpful. | 7 | | (i) Duty to cooperate. | 8 | | (1) The Inspector General shall at all times be granted | 9 | | access to any facility or agency for the purpose of | 10 | | investigating any allegation, conducting unannounced site | 11 | | visits, monitoring compliance with a written response, or | 12 | | completing any other statutorily assigned duty. The | 13 | | Inspector General shall conduct unannounced site visits to | 14 | | each facility at least annually for the purpose of | 15 | | reviewing and making recommendations on systemic issues | 16 | | relative to preventing, reporting, investigating, and | 17 | | responding to all of the following: mental abuse, physical | 18 | | abuse, sexual abuse, neglect, egregious neglect, or | 19 | | financial exploitation. | 20 | | (2) Any employee who fails to cooperate with an Office | 21 | | of the Inspector General investigation is in violation of | 22 | | this Act. Failure to cooperate with an investigation | 23 | | includes, but is not limited to, any one or more of the | 24 | | following: (i) creating and transmitting a false report to | 25 | | the Office of the Inspector General hotline, (ii) providing | 26 | | false information to an Office of the Inspector General |
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| 1 | | Investigator during an investigation, (iii) colluding with | 2 | | other employees to cover up evidence, (iv) colluding with | 3 | | other employees to provide false information to an Office | 4 | | of the Inspector General investigator, (v) destroying | 5 | | evidence, (vi) withholding evidence, or (vii) otherwise | 6 | | obstructing an Office of the Inspector General | 7 | | investigation. Additionally, any employee who, during an | 8 | | unannounced site visit or written response compliance | 9 | | check, fails to cooperate with requests from the Office of | 10 | | the Inspector General is in violation of this Act. | 11 | | (j) Subpoena powers. The Inspector General shall have the | 12 | | power to subpoena witnesses and compel the production of all | 13 | | documents and physical evidence relating to his or her | 14 | | investigations and any hearings authorized by this Act. This | 15 | | subpoena power shall not extend to persons or documents of a | 16 | | labor organization or its representatives insofar as the | 17 | | persons are acting in a representative capacity to an employee | 18 | | whose conduct is the subject of an investigation or the | 19 | | documents relate to that representation. Any person who | 20 | | otherwise fails to respond to a subpoena or who knowingly | 21 | | provides false information to the Office of the Inspector | 22 | | General by subpoena during an investigation is guilty of a | 23 | | Class A misdemeanor. | 24 | | (k) Reporting allegations and deaths. | 25 | | (1) Allegations. If an employee witnesses, is told of, | 26 | | or has reason to believe an incident of mental abuse, |
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| 1 | | physical abuse, sexual abuse, neglect, or financial | 2 | | exploitation has occurred, the employee, agency, or | 3 | | facility shall report the allegation by phone to the Office | 4 | | of the Inspector General hotline according to the agency's | 5 | | or facility's procedures, but in no event later than 4 | 6 | | hours after the initial discovery of the incident, | 7 | | allegation, or suspicion of any one or more of the | 8 | | following: mental abuse, physical abuse, sexual abuse, | 9 | | neglect, or financial exploitation. A required reporter as | 10 | | defined in subsection (b) of this Section who knowingly or | 11 | | intentionally fails to comply with these reporting | 12 | | requirements is guilty of a Class A misdemeanor. | 13 | | (2) Deaths. Absent an allegation, a required reporter | 14 | | shall, within 24 hours after initial discovery, report by | 15 | | phone to the Office of the Inspector General hotline each | 16 | | of the following: | 17 | | (i) Any death of an individual occurring within 14 | 18 | | calendar days after discharge or transfer of the | 19 | | individual from a residential program or facility. | 20 | | (ii) Any death of an individual occurring within 24 | 21 | | hours after deflection from a residential program or | 22 | | facility. | 23 | | (iii) Any other death of an individual occurring at | 24 | | an agency or facility or at any Department-funded site. | 25 | | (3) Retaliation. It is a violation of this Act for any | 26 | | employee or administrator of an agency or facility to take |
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| 1 | | retaliatory action against an employee who acts in good | 2 | | faith in conformance with his or her duties as a required | 3 | | reporter. | 4 | | (l) Reporting to law enforcement. | 5 | | (1) Reporting criminal acts. Within 24 hours after | 6 | | determining that there is credible evidence indicating | 7 | | that a criminal act may have been committed or that special | 8 | | expertise may be required in an investigation, the | 9 | | Inspector General shall notify the Department of State | 10 | | Police or other appropriate law enforcement authority, or | 11 | | ensure that such notification is made. The Department of | 12 | | State Police shall investigate any report from a | 13 | | State-operated facility indicating a possible murder, | 14 | | sexual assault, or other felony by an employee. All | 15 | | investigations conducted by the Inspector General shall be | 16 | | conducted in a manner designed to ensure the preservation | 17 | | of evidence for possible use in a criminal prosecution. | 18 | | (2) Reporting allegations of adult students with | 19 | | disabilities. Upon receipt of a reportable allegation | 20 | | regarding an adult student with a disability, the | 21 | | Department's Office of the Inspector General shall | 22 | | determine whether the allegation meets the criteria for the | 23 | | Domestic Abuse Program under the Abuse of Adults with | 24 | | Disabilities Intervention Act. If the allegation is | 25 | | reportable to that program, the Office of the Inspector | 26 | | General shall initiate an investigation. If the allegation |
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| 1 | | is not reportable to the Domestic Abuse Program, the Office | 2 | | of the Inspector General shall make an expeditious referral | 3 | | to the respective law enforcement entity. If the alleged | 4 | | victim is already receiving services from the Department, | 5 | | the Office of the Inspector General shall also make a | 6 | | referral to the respective Department of Human Services' | 7 | | Division or Bureau. | 8 | | (m) Investigative reports. Upon completion of an | 9 | | investigation, the Office of Inspector General shall issue an | 10 | | investigative report identifying whether the allegations are | 11 | | substantiated, unsubstantiated, or unfounded. Within 10 | 12 | | business days after the transmittal of a completed | 13 | | investigative report substantiating an allegation, finding an | 14 | | allegation is unsubstantiated, or if a recommendation is made, | 15 | | the Inspector General shall provide the investigative report on | 16 | | the case to the Secretary and to the director of the facility | 17 | | or agency where any one or more of the following occurred: | 18 | | mental abuse, physical abuse, sexual abuse, neglect, egregious | 19 | | neglect, or financial exploitation. The director of the | 20 | | facility or agency shall be responsible for maintaining the | 21 | | confidentiality of the investigative report consistent with | 22 | | State and federal law. In a substantiated case, the | 23 | | investigative report shall include any mitigating or | 24 | | aggravating circumstances that were identified during the | 25 | | investigation. In an unsubstantiated case, the Inspector | 26 | | General shall not issue recommendations to the director of the |
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| 1 | | facility or the agency. If the case involves substantiated | 2 | | neglect, the investigative report shall also state whether | 3 | | egregious neglect was found. An investigative report may also | 4 | | set forth recommendations. All investigative reports prepared | 5 | | by the Office of the Inspector General shall be considered | 6 | | confidential and shall not be released except as provided by | 7 | | the law of this State or as required under applicable federal | 8 | | law. Unsubstantiated and unfounded reports shall not be | 9 | | disclosed except as allowed under Section 6 of the Abused and | 10 | | Neglected Long Term Care Facility Residents Reporting Act. Raw | 11 | | data used to compile the investigative report shall not be | 12 | | subject to release unless required by law or a court order. | 13 | | "Raw data used to compile the investigative report" includes, | 14 | | but is not limited to, any one or more of the following: the | 15 | | initial complaint, witness statements, photographs, | 16 | | investigator's notes, police reports, or incident reports. If | 17 | | the allegations are substantiated, the accused shall be | 18 | | provided with a redacted copy of the investigative report. | 19 | | Death reports where there was no allegation of abuse or neglect | 20 | | shall only be released pursuant to applicable State or federal | 21 | | law or a valid court order. In all final reports, the | 22 | | facility's or agency's director shall be given the opportunity | 23 | | to provide written evaluations of the investigative process. | 24 | | (n) Written responses and reconsideration requests. | 25 | | (1) Written responses. Within 30 calendar days from | 26 | | receipt of a substantiated investigative report or an |
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| 1 | | investigative report which contains recommendations, | 2 | | absent a reconsideration request, the facility or agency | 3 | | shall file a written response that addresses, in a concise | 4 | | and reasoned manner, the actions taken to: (i) protect the | 5 | | individual; (ii) prevent recurrences; and (iii) eliminate | 6 | | the problems identified. The response shall include the | 7 | | implementation and completion dates of such actions. If the | 8 | | facility's or agency's director have recommendations that | 9 | | differ from or are not identical to the recommendations | 10 | | provided in the investigative report, then the Inspector | 11 | | General must review and consider how these recommendations | 12 | | might accomplish the actions required in this Section. If | 13 | | the written response is not filed within the allotted 30 | 14 | | calendar day period, the Secretary shall determine the | 15 | | appropriate corrective action to be taken. | 16 | | (1.5) If, in a final investigative report, the | 17 | | Inspector General recommends that the facility's or | 18 | | agency's director assign or hire additional staff, and if, | 19 | | in the written response, the director indicates additional | 20 | | staff cannot be assigned or hired, then the director may | 21 | | take immediate steps to close the facility or agency. | 22 | | (2) Reconsideration requests. The facility, agency, | 23 | | victim or guardian, or the subject employee may request | 24 | | that the Office of Inspector General reconsider or clarify | 25 | | its finding based upon additional information. | 26 | | (n-5) If an investigative report under this Section is |
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| 1 | | submitted as evidence during the appeals process provided in | 2 | | the Unemployment Insurance Act, then the investigator that | 3 | | completed the report must attend all appeal hearings and Board | 4 | | of Review hearings. | 5 | | (o) Disclosure of the finding by the Inspector General. The | 6 | | Inspector General shall disclose the finding of an | 7 | | investigation to the following persons: (i) the Governor, (ii) | 8 | | the Secretary, (iii) the director of the facility or agency, | 9 | | (iv) the alleged victims and their guardians, (v) the | 10 | | complainant, and (vi) the accused. This information shall | 11 | | include whether the allegations were deemed substantiated, | 12 | | unsubstantiated, or unfounded. | 13 | | (p) Secretary review. Upon review of the Inspector | 14 | | General's investigative report and any agency's or facility's | 15 | | written response, the Secretary shall accept or reject the | 16 | | written response and notify the Inspector General of that | 17 | | determination. The Secretary may further direct that other | 18 | | administrative action be taken, including, but not limited to, | 19 | | any one or more of the following: (i) additional site visits, | 20 | | (ii) training, (iii) provision of technical assistance | 21 | | relative to administrative needs, licensure or certification, | 22 | | or (iv) the imposition of appropriate sanctions. | 23 | | (q) Action by facility or agency. Within 30 days of the | 24 | | date the Secretary approves the written response or directs | 25 | | that further administrative action be taken, the facility or | 26 | | agency shall provide an implementation report to the Inspector |
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| 1 | | General that provides the status of the action taken. The | 2 | | facility or agency shall be allowed an additional 30 days to | 3 | | send notice of completion of the action or to send an updated | 4 | | implementation report. If the action has not been completed | 5 | | within the additional 30-day 30 day period, the facility or | 6 | | agency shall send updated implementation reports every 60 days | 7 | | until completion. The Inspector General shall conduct a review | 8 | | of any implementation plan that takes more than 120 days after | 9 | | approval to complete, and shall monitor compliance through a | 10 | | random review of approved written responses, which may include, | 11 | | but are not limited to: (i) site visits, (ii) telephone | 12 | | contact, and (iii) requests for additional documentation | 13 | | evidencing compliance. | 14 | | (r) Sanctions. Sanctions, if imposed by the Secretary under | 15 | | Subdivision (p)(iv) of this Section, shall be designed to | 16 | | prevent further acts of mental abuse, physical abuse, sexual | 17 | | abuse, neglect, egregious neglect, or financial exploitation | 18 | | or some combination of one or more of those acts at a facility | 19 | | or agency, and may include any one or more of the following: | 20 | | (1) Appointment of on-site monitors. | 21 | | (2) Transfer or relocation of an individual or | 22 | | individuals. | 23 | | (3) Closure of units. | 24 | | (4) Termination of any one or more of the following: | 25 | | (i) Department licensing, (ii) funding, or (iii) | 26 | | certification. |
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| 1 | | The Inspector General may seek the assistance of the | 2 | | Illinois Attorney General or the office of any State's Attorney | 3 | | in implementing sanctions. | 4 | | (s) Health Care Worker Registry. | 5 | | (1) Reporting to the Registry. The Inspector General | 6 | | shall report to the Department of Public Health's Health | 7 | | Care Worker Registry, a public registry, the identity and | 8 | | finding of each employee of a facility or agency against | 9 | | whom there is a final investigative report containing a | 10 | | substantiated allegation of physical or sexual abuse, | 11 | | financial exploitation, or egregious neglect of an | 12 | | individual. | 13 | | (2) Notice to employee. Prior to reporting the name of | 14 | | an employee, the employee shall be notified of the | 15 | | Department's obligation to report and shall be granted an | 16 | | opportunity to request an administrative hearing, the sole | 17 | | purpose of which is to determine if the substantiated | 18 | | finding warrants reporting to the Registry. Notice to the | 19 | | employee shall contain a clear and concise statement of the | 20 | | grounds on which the report to the Registry is based, offer | 21 | | the employee an opportunity for a hearing, and identify the | 22 | | process for requesting such a hearing. Notice is sufficient | 23 | | if provided by certified mail to the employee's last known | 24 | | address. If the employee fails to request a hearing within | 25 | | 30 days from the date of the notice, the Inspector General | 26 | | shall report the name of the employee to the Registry. |
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| 1 | | Nothing in this subdivision (s)(2) shall diminish or impair | 2 | | the rights of a person who is a member of a collective | 3 | | bargaining unit under the Illinois Public Labor Relations | 4 | | Act or under any other federal labor statute. | 5 | | (3) Registry hearings. If the employee requests an | 6 | | administrative hearing, the employee shall be granted an | 7 | | opportunity to appear before an administrative law judge to | 8 | | present reasons why the employee's name should not be | 9 | | reported to the Registry. The Department shall bear the | 10 | | burden of presenting evidence that establishes, by a | 11 | | preponderance of the evidence, that the substantiated | 12 | | finding warrants reporting to the Registry. After | 13 | | considering all the evidence presented, the administrative | 14 | | law judge shall make a recommendation to the Secretary as | 15 | | to whether the substantiated finding warrants reporting | 16 | | the name of the employee to the Registry. The Secretary | 17 | | shall render the final decision. The Department and the | 18 | | employee shall have the right to request that the | 19 | | administrative law judge consider a stipulated disposition | 20 | | of these proceedings. | 21 | | (4) Testimony at Registry hearings. A person who makes | 22 | | a report or who investigates a report under this Act shall | 23 | | testify fully in any judicial proceeding resulting from | 24 | | such a report, as to any evidence of abuse or neglect, or | 25 | | the cause thereof. No evidence shall be excluded by reason | 26 | | of any common law or statutory privilege relating to |
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| 1 | | communications between the alleged perpetrator of abuse or | 2 | | neglect, or the individual alleged as the victim in the | 3 | | report, and the person making or investigating the report. | 4 | | Testimony at hearings is exempt from the confidentiality | 5 | | requirements of subsection (f) of Section 10 of the Mental | 6 | | Health and Developmental Disabilities Confidentiality Act. | 7 | | (5) Employee's rights to collateral action. No | 8 | | reporting to the Registry shall occur and no hearing shall | 9 | | be set or proceed if an employee notifies the Inspector | 10 | | General in writing, including any supporting | 11 | | documentation, that he or she is formally contesting an | 12 | | adverse employment action resulting from a substantiated | 13 | | finding by complaint filed with the Illinois Civil Service | 14 | | Commission, or which otherwise seeks to enforce the | 15 | | employee's rights pursuant to any applicable collective | 16 | | bargaining agreement. If an action taken by an employer | 17 | | against an employee as a result of a finding of physical | 18 | | abuse, sexual abuse, or egregious neglect is overturned | 19 | | through an action filed with the Illinois Civil Service | 20 | | Commission or under any applicable collective bargaining | 21 | | agreement and if that employee's name has already been sent | 22 | | to the Registry, the employee's name shall be removed from | 23 | | the Registry. | 24 | | (6) Removal from Registry. At any time after the report | 25 | | to the Registry, but no more than once in any 12-month | 26 | | period, an employee may petition the Department in writing |
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| 1 | | to remove his or her name from the Registry. Upon receiving | 2 | | notice of such request, the Inspector General shall conduct | 3 | | an investigation into the petition. Upon receipt of such | 4 | | request, an administrative hearing will be set by the | 5 | | Department. At the hearing, the employee shall bear the | 6 | | burden of presenting evidence that establishes, by a | 7 | | preponderance of the evidence, that removal of the name | 8 | | from the Registry is in the public interest. The parties | 9 | | may jointly request that the administrative law judge | 10 | | consider a stipulated disposition of these proceedings. | 11 | | (t) Review of Administrative Decisions. The Department | 12 | | shall preserve a record of all proceedings at any formal | 13 | | hearing conducted by the Department involving Health Care | 14 | | Worker Registry hearings. Final administrative decisions of | 15 | | the Department are subject to judicial review pursuant to | 16 | | provisions of the Administrative Review Law. | 17 | | (u) Quality Care Board. There is created, within the Office | 18 | | of the Inspector General, a Quality Care Board to be composed | 19 | | of 7 members appointed by the Governor with the advice and | 20 | | consent of the Senate. One of the members shall be designated | 21 | | as chairman by the Governor. Of the initial appointments made | 22 | | by the Governor, 4 Board members shall each be appointed for a | 23 | | term of 4 years and 3 members shall each be appointed for a | 24 | | term of 2 years. Upon the expiration of each member's term, a | 25 | | successor shall be appointed for a term of 4 years. In the case | 26 | | of a vacancy in the office of any member, the Governor shall |
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| 1 | | appoint a successor for the remainder of the unexpired term. | 2 | | Members appointed by the Governor shall be qualified by | 3 | | professional knowledge or experience in the area of law, | 4 | | investigatory techniques, or in the area of care of the | 5 | | mentally ill or care of persons with developmental | 6 | | disabilities. Two members appointed by the Governor shall be | 7 | | persons with a disability or a parent of a person with a | 8 | | disability. Members shall serve without compensation, but | 9 | | shall be reimbursed for expenses incurred in connection with | 10 | | the performance of their duties as members. | 11 | | The Board shall meet quarterly, and may hold other meetings | 12 | | on the call of the chairman. Four members shall constitute a | 13 | | quorum allowing the Board to conduct its business. The Board | 14 | | may adopt rules and regulations it deems necessary to govern | 15 | | its own procedures. | 16 | | The Board shall monitor and oversee the operations, | 17 | | policies, and procedures of the Inspector General to ensure the | 18 | | prompt and thorough investigation of allegations of neglect and | 19 | | abuse. In fulfilling these responsibilities, the Board may do | 20 | | the following: | 21 | | (1) Provide independent, expert consultation to the | 22 | | Inspector General on policies and protocols for | 23 | | investigations of alleged abuse, neglect, or both abuse and | 24 | | neglect. | 25 | | (2) Review existing regulations relating to the | 26 | | operation of facilities. |
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| 1 | | (3) Advise the Inspector General as to the content of | 2 | | training activities authorized under this Section. | 3 | | (4) Recommend policies concerning methods for | 4 | | improving the intergovernmental relationships between the | 5 | | Office of the Inspector General and other State or federal | 6 | | offices. | 7 | | (v) Annual report. The Inspector General shall provide to | 8 | | the General Assembly and the Governor, no later than January 1 | 9 | | of each year, a summary of reports and investigations made | 10 | | under this Act for the prior fiscal year with respect to | 11 | | individuals receiving mental health or developmental | 12 | | disabilities services. The report shall detail the imposition | 13 | | of sanctions, if any, and the final disposition of any | 14 | | corrective or administrative action directed by the Secretary. | 15 | | The summaries shall not contain any confidential or identifying | 16 | | information of any individual, but shall include objective data | 17 | | identifying any trends in the number of reported allegations, | 18 | | the timeliness of the Office of the Inspector General's | 19 | | investigations, and their disposition, for each facility and | 20 | | Department-wide, for the most recent 3-year time period. The | 21 | | report shall also identify, by facility, the staff-to-patient | 22 | | ratios taking account of direct care staff only. The report | 23 | | shall also include detailed recommended administrative actions | 24 | | and matters for consideration by the General Assembly. | 25 | | (w) Program audit. The Auditor General shall conduct a | 26 | | program audit of the Office of the Inspector General on an |
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| 1 | | as-needed basis, as determined by the Auditor General. The | 2 | | audit shall specifically include the Inspector General's | 3 | | compliance with the Act and effectiveness in investigating | 4 | | reports of allegations occurring in any facility or agency. The | 5 | | Auditor General shall conduct the program audit according to | 6 | | the provisions of the Illinois State Auditing Act and shall | 7 | | report its findings to the General Assembly no later than | 8 | | January 1 following the audit period.
| 9 | | (x) Nothing in this Section shall be construed to mean that | 10 | | an individual is a victim of abuse or neglect because of health | 11 | | care services appropriately provided or not provided by health | 12 | | care professionals. | 13 | | (y) Nothing in this Section shall require a facility, | 14 | | including its employees, agents, medical staff members, and | 15 | | health care professionals, to provide a service to an | 16 | | individual in contravention of that individual's stated or | 17 | | implied objection to the provision of that service on the | 18 | | ground that that service conflicts with the individual's | 19 | | religious beliefs or practices, nor shall the failure to | 20 | | provide a service to an individual be considered abuse under | 21 | | this Section if the individual has objected to the provision of | 22 | | that service based on his or her religious beliefs or | 23 | | practices.
| 24 | | (Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15; | 25 | | 99-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff. | 26 | | 8-25-17; revised 9-27-17.)
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| 1 | | Section 10. The Mental Health and Developmental | 2 | | Disabilities Administrative Act is amended by changing Section | 3 | | 15.4 and by adding Section 18.8 as follows:
| 4 | | (20 ILCS 1705/15.4)
| 5 | | Sec. 15.4. Authorization for nursing delegation to permit | 6 | | direct care
staff to
administer medications. | 7 | | (a) This Section applies to (i) all residential programs | 8 | | for persons
with a
developmental disability in settings of 16 | 9 | | persons or fewer that are funded or
licensed by the Department | 10 | | of Human
Services and that distribute or administer | 11 | | medications, (ii) all
intermediate care
facilities for persons | 12 | | with developmental disabilities with 16 beds or fewer that are
| 13 | | licensed by the
Department of Public Health, and (iii) all day | 14 | | programs certified to serve persons with developmental | 15 | | disabilities by the Department of Human Services. The | 16 | | Department of Human Services shall develop a
training program | 17 | | for authorized direct care staff to administer
medications | 18 | | under the
supervision and monitoring of a registered | 19 | | professional nurse.
The training program for authorized direct | 20 | | care staff shall include educational and oversight components | 21 | | for staff who work in day programs that are similar to those | 22 | | for staff who work in residential programs. This training | 23 | | program shall be developed in consultation with professional
| 24 | | associations representing (i) physicians licensed to practice |
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| 1 | | medicine in all
its branches, (ii) registered professional | 2 | | nurses, and (iii) pharmacists.
| 3 | | (b) For the purposes of this Section:
| 4 | | "Authorized direct care staff" means non-licensed persons | 5 | | who have
successfully completed a medication administration | 6 | | training program
approved by the Department of Human Services | 7 | | and conducted by a nurse-trainer.
This authorization is | 8 | | specific to an individual receiving service in
a
specific | 9 | | agency and does not transfer to another agency.
| 10 | | "Medications" means oral and topical medications, insulin | 11 | | in an injectable form, oxygen, epinephrine auto-injectors, and | 12 | | vaginal and rectal creams and suppositories. "Oral" includes | 13 | | inhalants and medications administered through enteral tubes, | 14 | | utilizing aseptic technique. "Topical" includes eye, ear, and | 15 | | nasal medications. Any controlled substances must be packaged | 16 | | specifically for an identified individual. | 17 | | "Insulin in an injectable form" means a subcutaneous | 18 | | injection via an insulin pen pre-filled by the manufacturer. | 19 | | Authorized direct care staff may administer insulin, as ordered | 20 | | by a physician, advanced practice registered nurse, or | 21 | | physician assistant, if: (i) the staff has successfully | 22 | | completed a Department-approved advanced training program | 23 | | specific to insulin administration developed in consultation | 24 | | with professional associations listed in subsection (a) of this | 25 | | Section, and (ii) the staff consults with the registered nurse, | 26 | | prior to administration, of any insulin dose that is determined |
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| 1 | | based on a blood glucose test result. The authorized direct | 2 | | care staff shall not: (i) calculate the insulin dosage needed | 3 | | when the dose is dependent upon a blood glucose test result, or | 4 | | (ii) administer insulin to individuals who require blood | 5 | | glucose monitoring greater than 3 times daily, unless directed | 6 | | to do so by the registered nurse. | 7 | | "Nurse-training" means a registered professional nurse or | 8 | | advanced practice registered nurse who has successfully | 9 | | completed the Department's nurse-trainer training program and | 10 | | is in possession of one year of clinical registered | 11 | | professional nursing experience within the last 5 years, at | 12 | | least 90 days of which shall preferably have been developmental | 13 | | disabilities experience. | 14 | | "Nurse-trainer training program" means a standardized, | 15 | | competency-based
medication administration train-the-trainer | 16 | | program provided by the
Department of Human Services and | 17 | | conducted by a Department of Human
Services master | 18 | | nurse-trainer for the purpose of training nurse-trainers to
| 19 | | train persons employed or under contract to provide direct care | 20 | | or
treatment to individuals receiving services to administer
| 21 | | medications and provide self-administration of medication | 22 | | training to
individuals under the supervision and monitoring of | 23 | | the nurse-trainer. The
program incorporates adult learning | 24 | | styles, teaching strategies, classroom
management, and a | 25 | | curriculum overview, including the ethical and legal
aspects of | 26 | | supervising those administering medications.
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| 1 | | "Self-administration of medications" means an individual | 2 | | administers
his or her own medications. To be considered | 3 | | capable to self-administer
their own medication, individuals | 4 | | must, at a minimum, be able to identify
their medication by | 5 | | size, shape, or color, know when they should take
the | 6 | | medication, and know the amount of medication to be taken each | 7 | | time.
| 8 | | "Training program" means a standardized medication | 9 | | administration
training program approved by the Department of | 10 | | Human Services and
conducted by a registered professional nurse | 11 | | for the purpose of training
persons employed or under contract | 12 | | to provide direct care or treatment to
individuals receiving | 13 | | services to administer medications
and provide | 14 | | self-administration of medication training to individuals | 15 | | under
the delegation and supervision of a nurse-trainer. The | 16 | | program incorporates
adult learning styles, teaching | 17 | | strategies, classroom management,
curriculum overview, | 18 | | including ethical-legal aspects, and standardized
| 19 | | competency-based evaluations on administration of medications | 20 | | and
self-administration of medication training programs.
| 21 | | (c) Training and authorization of non-licensed direct care | 22 | | staff by
nurse-trainers must meet the requirements of this | 23 | | subsection.
| 24 | | (1) Prior to training non-licensed direct care staff to | 25 | | administer
medication, the nurse-trainer shall perform the | 26 | | following for each
individual to whom medication will be |
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| 1 | | administered by non-licensed
direct care staff:
| 2 | | (A) An assessment of the individual's health | 3 | | history and
physical and mental status.
| 4 | | (B) An evaluation of the medications prescribed.
| 5 | | (2) Non-licensed authorized direct care staff shall | 6 | | meet the
following criteria:
| 7 | | (A) Be 18 years of age or older.
| 8 | | (B) Have completed high school or have a high | 9 | | school equivalency certificate.
| 10 | | (C) Have demonstrated functional literacy.
| 11 | | (D) Have successfully completed the 40-hour | 12 | | classroom training for direct care
staff required by | 13 | | the Division of Developmental Disabilities | 14 | | satisfactorily completed the Health and Safety
| 15 | | component of a Department of Human Services authorized
| 16 | | direct care staff training program .
| 17 | | (E) Have successfully completed competency-based | 18 | | training as provided in 59 Ill. Adm. Code 116.40(d) the | 19 | | training program,
pass the written portion of the | 20 | | comprehensive exam, and score
100% on the | 21 | | competency-based assessment specific to the
individual | 22 | | and his or her medications .
| 23 | | (F) (Blank). Have received additional | 24 | | competency-based assessment
by the nurse-trainer as | 25 | | deemed necessary by the nurse-trainer
whenever a | 26 | | change of medication occurs or a new individual
that |
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| 1 | | requires medication administration enters the program.
| 2 | | (3) Authorized direct care staff shall be re-evaluated | 3 | | by a
nurse-trainer at least annually or more frequently at | 4 | | the discretion of
the registered professional nurse. Any | 5 | | necessary retraining shall be
to the extent that is | 6 | | necessary to ensure competency of the authorized
direct | 7 | | care staff to administer medication.
| 8 | | (4) Authorization of direct care staff to administer | 9 | | medication
shall be revoked if, in the opinion of the | 10 | | registered professional nurse,
the authorized direct care | 11 | | staff is no longer competent to administer
medication.
| 12 | | (5) The registered professional nurse shall assess an
| 13 | | individual's health status at least annually or more | 14 | | frequently at the
discretion of the registered | 15 | | professional nurse.
| 16 | | (d) Medication self-administration shall meet the | 17 | | following
requirements:
| 18 | | (1) As part of the normalization process, in order for | 19 | | each
individual to attain the highest possible level of | 20 | | independent
functioning, all individuals shall be | 21 | | permitted to participate in their
total health care | 22 | | program. This program shall include, but not be
limited to, | 23 | | individual training in preventive health and | 24 | | self-medication
procedures.
| 25 | | (A) Every program shall adopt written policies and
| 26 | | procedures for assisting individuals in obtaining |
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| 1 | | preventative
health and self-medication skills in | 2 | | consultation with a
registered professional nurse, | 3 | | advanced practice registered nurse,
physician | 4 | | assistant, or physician licensed to practice medicine
| 5 | | in all its branches.
| 6 | | (B) Individuals shall be evaluated to determine | 7 | | their
ability to self-medicate by the nurse-trainer | 8 | | through the use of
the Department's required, | 9 | | standardized screening and assessment
instruments.
| 10 | | (C) When the results of the screening and | 11 | | assessment
indicate an individual not to be capable to | 12 | | self-administer his or her
own medications, programs | 13 | | shall be developed in consultation
with the Community | 14 | | Support Team or Interdisciplinary
Team to provide | 15 | | individuals with self-medication
administration.
| 16 | | (2) Each individual shall be presumed to be competent | 17 | | to self-administer
medications if:
| 18 | | (A) authorized by an order of a physician licensed | 19 | | to
practice medicine in all its branches, an advanced | 20 | | practice registered nurse, or a physician assistant; | 21 | | and
| 22 | | (B) approved to self-administer medication by the
| 23 | | individual's Community Support Team or
| 24 | | Interdisciplinary Team, which includes a registered
| 25 | | professional nurse or an advanced practice registered | 26 | | nurse.
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| 1 | | (e) Quality Assurance.
| 2 | | (1) A registered professional nurse, advanced practice | 3 | | registered nurse,
licensed practical nurse, physician | 4 | | licensed to practice medicine in all
its branches, | 5 | | physician assistant, or pharmacist shall review the
| 6 | | following for all individuals:
| 7 | | (A) Medication orders.
| 8 | | (B) Medication labels, including medications | 9 | | listed on
the medication administration record for | 10 | | persons who are not
self-medicating to ensure the | 11 | | labels match the orders issued by
the physician | 12 | | licensed to practice medicine in all its branches,
| 13 | | advanced practice registered nurse, or physician | 14 | | assistant.
| 15 | | (C) Medication administration records for persons | 16 | | who
are not self-medicating to ensure that the records | 17 | | are completed
appropriately for:
| 18 | | (i) medication administered as prescribed;
| 19 | | (ii) refusal by the individual; and
| 20 | | (iii) full signatures provided for all | 21 | | initials used.
| 22 | | (2) Reviews shall occur at least quarterly, but may be | 23 | | done
more frequently at the discretion of the registered | 24 | | professional nurse
or advanced practice registered nurse.
| 25 | | (3) A quality assurance review of medication errors and | 26 | | data
collection for the purpose of monitoring and |
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| 1 | | recommending
corrective action shall be conducted within 7 | 2 | | days and included in the
required annual review.
| 3 | | (f) Programs using authorized direct care
staff to | 4 | | administer medications are responsible for documenting and | 5 | | maintaining
records
on the training that is completed.
| 6 | | (g) The absence of this training program constitutes a | 7 | | threat to the
public interest,
safety, and welfare and | 8 | | necessitates emergency rulemaking by
the Departments of Human | 9 | | Services and
Public Health
under Section 5-45
of
the
Illinois | 10 | | Administrative Procedure Act.
| 11 | | (h) Direct care staff who fail to qualify for delegated | 12 | | authority to
administer medications pursuant to the provisions | 13 | | of this Section shall be
given
additional education and testing | 14 | | to meet criteria for
delegation authority to administer | 15 | | medications.
Any direct care staff person who fails to qualify | 16 | | as an authorized direct care
staff
after initial training and | 17 | | testing must within 3 months be given another
opportunity for | 18 | | retraining and retesting. A direct care staff person who fails
| 19 | | to
meet criteria for delegated authority to administer | 20 | | medication, including, but
not limited to, failure of the | 21 | | written test on 2 occasions shall be given
consideration for | 22 | | shift transfer or reassignment, if possible. No employee
shall | 23 | | be terminated for failure to qualify during the 3-month time | 24 | | period
following initial testing. Refusal to complete training | 25 | | and testing required
by this Section may be grounds for | 26 | | immediate dismissal.
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| 1 | | (i) No authorized direct care staff person delegated to | 2 | | administer
medication shall be subject to suspension or | 3 | | discharge for errors
resulting from the staff
person's acts or | 4 | | omissions when performing the functions unless the staff
| 5 | | person's actions or omissions constitute willful and wanton | 6 | | conduct.
Nothing in this subsection is intended to supersede | 7 | | paragraph (4) of subsection
(c).
| 8 | | (j) A registered professional nurse, advanced practice | 9 | | registered nurse,
physician licensed to practice medicine in | 10 | | all its branches, or physician
assistant shall be on
duty or
on | 11 | | call at all times in any program covered by this Section.
| 12 | | (k) The employer shall be responsible for maintaining | 13 | | liability insurance
for any program covered by this Section.
| 14 | | (l) Any direct care staff person who qualifies as | 15 | | authorized direct care
staff pursuant to this Section shall be | 16 | | granted consideration for a one-time
additional
salary | 17 | | differential. The Department shall determine and provide the | 18 | | necessary
funding for
the differential in the base. This | 19 | | subsection (l) is inoperative on and after
June 30, 2000.
| 20 | | (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; | 21 | | 99-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff. 1-1-18; | 22 | | revised 9-22-17.)
| 23 | | (20 ILCS 1705/18.8 new) | 24 | | Sec. 18.8. Streamlined Department oversight. Within one | 25 | | year after the effective date of this amendatory Act of the |
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| 1 | | 100th General Assembly, the Department shall prepare a report | 2 | | that identifies any efficiencies or improvements in Department | 3 | | operations, the oversight of agencies, and the reduction or | 4 | | elimination of duplicative activities. The report shall | 5 | | include a quality assessment of the feasibility of combining | 6 | | the functions of the Division of Developmental Disabilities' | 7 | | Bureau of Quality Management and the Department's Bureau of | 8 | | Accreditation, Licensure, and Certification. Upon the report's | 9 | | completion, the Department shall post the report on the | 10 | | Department's website and submit the report to the General | 11 | | Assembly and Governor. | 12 | | Section 15. The Community-Integrated Living Arrangements | 13 | | Licensure and
Certification Act is amended by changing Section | 14 | | 4 and by adding Section 9.3 as follows:
| 15 | | (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
| 16 | | Sec. 4.
(a) Any community mental health or developmental | 17 | | services agency who
wishes to develop and support a variety of | 18 | | community-integrated living
arrangements may do so pursuant to | 19 | | a license issued by the Department under this Act.
However, | 20 | | programs established under or otherwise subject to the Child
| 21 | | Care Act of 1969, the Nursing Home Care Act, the Specialized | 22 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community | 23 | | Care Act, or the MC/DD Act, as now or
hereafter amended, shall | 24 | | remain
subject thereto, and this Act shall not be construed to |
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| 1 | | limit the
application of those Acts.
| 2 | | (b) The system of licensure established under this Act | 3 | | shall be for the purposes of:
| 4 | | (1) ensuring Insuring that all recipients residing in | 5 | | community-integrated living
arrangements are receiving | 6 | | appropriate community-based services, including
treatment, | 7 | | training and habilitation or rehabilitation;
| 8 | | (2) ensuring Insuring that recipients' rights are | 9 | | protected and that all programs
provided to and placements | 10 | | arranged for
recipients comply with this Act, the Mental | 11 | | Health and Developmental
Disabilities Code, and applicable | 12 | | Department rules and regulations;
| 13 | | (3) maintaining Maintaining the integrity of | 14 | | communities by requiring regular
monitoring and inspection | 15 | | of placements and other services provided in
| 16 | | community-integrated living arrangements.
| 17 | | The licensure system shall be administered by a quality | 18 | | assurance unit
within the Department which shall be | 19 | | administratively independent of units
responsible for funding | 20 | | of agencies or community services.
| 21 | | (c) As a condition of being licensed by the Department as a | 22 | | community
mental health or developmental services agency under | 23 | | this Act, the agency
shall certify to the Department that:
| 24 | | (1) all All recipients residing in | 25 | | community-integrated living arrangements
are receiving | 26 | | appropriate community-based services, including treatment,
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| 1 | | training and habilitation or rehabilitation;
| 2 | | (2) all All programs provided to and placements | 3 | | arranged for recipients are
supervised by the agency; and
| 4 | | (3) all All programs provided to and placements | 5 | | arranged for recipients
comply with this Act, the Mental | 6 | | Health and Developmental Disabilities
Code, and applicable | 7 | | Department rules and regulations.
| 8 | | (d) An applicant for licensure as a community mental health | 9 | | or
developmental services agency under this Act shall submit an | 10 | | application
pursuant to the application process established by | 11 | | the Department by rule
and shall pay an application fee in an | 12 | | amount established by the
Department, which amount shall not be | 13 | | more than $200.
| 14 | | (e) If an applicant meets the requirements established by | 15 | | the Department
to be licensed as a community mental health or | 16 | | developmental services
agency under this Act, after payment of | 17 | | the licensing fee, the Department
shall issue a license valid | 18 | | for 3 years from the date thereof unless
suspended or revoked | 19 | | by the Department or voluntarily surrendered by the agency.
| 20 | | (f) Upon application to the Department, the Department may | 21 | | issue a
temporary permit to an applicant for up to a 2-year | 22 | | period to allow the holder
of such permit reasonable time to | 23 | | become eligible for a license under this Act.
| 24 | | (g)(1) The Department may conduct site visits to an agency | 25 | | licensed under this
Act, or to any program or placement | 26 | | certified by the agency, and inspect
the records or premises, |
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| 1 | | or both, of such agency, program or placement as
it deems | 2 | | appropriate, for the
purpose of determining compliance with | 3 | | this Act, the Mental Health and
Developmental Disabilities | 4 | | Code, and applicable Department rules and regulations. The | 5 | | Department shall conduct inspections of the records and | 6 | | premises of each community-integrated living arrangement | 7 | | certified under this Act at least once every 2 years.
| 8 | | (2) If the Department determines that an agency licensed | 9 | | under this Act
is not in compliance with this Act or the rules | 10 | | and regulations promulgated
under this Act, the Department | 11 | | shall serve a notice of violation
upon the licensee. Each | 12 | | notice of violation shall be prepared in writing
and shall | 13 | | specify the nature of the violation, the statutory provision or
| 14 | | rule alleged to have been violated, and that the licensee
| 15 | | submit a plan of correction to the Department if required. The | 16 | | notice shall also
inform the licensee of any other action which | 17 | | the Department might take
pursuant to this Act and of the right | 18 | | to a hearing.
| 19 | | (g-5) As determined by the Department, a disproportionate | 20 | | number or percentage of licensure complaints; a | 21 | | disproportionate number or percentage of substantiated cases | 22 | | of abuse, neglect, or exploitation involving an agency; an | 23 | | apparent unnatural death of an individual served by an agency; | 24 | | any egregious or life-threatening abuse or neglect within an | 25 | | agency; or any other significant event as determined by the | 26 | | Department shall initiate a review of the agency's license by |
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| 1 | | the Department, as well as a review of its service agreement | 2 | | for funding. The Department shall adopt rules to establish the | 3 | | process by which the determination to initiate a review shall | 4 | | be made and the timeframe to initiate a review upon the making | 5 | | of such determination. | 6 | | (g-6) Using contemporary data gathered on reports of | 7 | | allegations of abuse, neglect, and financial exploitation, the | 8 | | Department shall establish a process by which the Department | 9 | | requires responses from agencies that annually report a number | 10 | | of allegations that are 2 or more standard deviations from the | 11 | | mean for all agencies. | 12 | | (h) Upon the expiration of any license issued under this | 13 | | Act, a license
renewal application shall be required of and a | 14 | | license renewal fee in an
amount established by the Department | 15 | | shall be
charged to a community mental health or
developmental | 16 | | services agency, provided that such fee shall not be more than | 17 | | $200.
| 18 | | (i) A public or private agency, association, partnership, | 19 | | corporation, or organization that has had a license revoked | 20 | | under subsection (b) of Section 6 of this Act may not apply for | 21 | | or possess a license under a different name. | 22 | | (Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17; | 23 | | 100-313, eff. 8-24-17; revised 9-28-17.)
| 24 | | (210 ILCS 135/9.3 new) | 25 | | Sec. 9.3. Emergency closure of a community-integrated |
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| 1 | | living arrangement due to inadequate staffing. If an agency has | 2 | | documented evidence and has determined that the agency cannot | 3 | | adequately staff a community-integrated living arrangement, | 4 | | then the agency may take immediate steps to close the | 5 | | community-integrated living arrangement. The agency shall work | 6 | | with the Department under established processes and procedures | 7 | | to ensure residents at the closing of the community-integrated | 8 | | living arrangement receive services at another | 9 | | community-integrated living arrangement or through another | 10 | | agency.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 1305/1-17 | | | 4 | | 20 ILCS 1705/15.4 | | | 5 | | 20 ILCS 1705/18.8 new | | | 6 | | 210 ILCS 135/4 | from Ch. 91 1/2, par. 1704 | | 7 | | 210 ILCS 135/9.3 new | |
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