State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Katie Stuart


320 ILCS 20/2  from Ch. 23, par. 6602

    Amends the Adult Protective Services Act. Expands the definition of "mandated reporter" to include investment advisors and insurance adjusters. Effective immediately.

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HB3918LRB102 13815 KTG 19165 b

1    AN ACT concerning aging.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Adult Protective Services Act is amended by
5changing Section 2 as follows:
6    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
7    Sec. 2. Definitions. As used in this Act, unless the
8context requires otherwise:
9    (a) "Abuse" means causing any physical, mental or sexual
10injury to an eligible adult, including exploitation of such
11adult's financial resources.
12    Nothing in this Act shall be construed to mean that an
13eligible adult is a victim of abuse, neglect, or self-neglect
14for the sole reason that he or she is being furnished with or
15relies upon treatment by spiritual means through prayer alone,
16in accordance with the tenets and practices of a recognized
17church or religious denomination.
18    Nothing in this Act shall be construed to mean that an
19eligible adult is a victim of abuse because of health care
20services provided or not provided by licensed health care
22    (a-5) "Abuser" means a person who abuses, neglects, or
23financially exploits an eligible adult.



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1    (a-6) "Adult with disabilities" means a person aged 18
2through 59 who resides in a domestic living situation and
3whose disability as defined in subsection (c-5) impairs his or
4her ability to seek or obtain protection from abuse, neglect,
5or exploitation.
6    (a-7) "Caregiver" means a person who either as a result of
7a family relationship, voluntarily, or in exchange for
8compensation has assumed responsibility for all or a portion
9of the care of an eligible adult who needs assistance with
10activities of daily living or instrumental activities of daily
12    (b) "Department" means the Department on Aging of the
13State of Illinois.
14    (c) "Director" means the Director of the Department.
15    (c-5) "Disability" means a physical or mental disability,
16including, but not limited to, a developmental disability, an
17intellectual disability, a mental illness as defined under the
18Mental Health and Developmental Disabilities Code, or dementia
19as defined under the Alzheimer's Disease Assistance Act.
20    (d) "Domestic living situation" means a residence where
21the eligible adult at the time of the report lives alone or
22with his or her family or a caregiver, or others, or other
23community-based unlicensed facility, but is not:
24        (1) A licensed facility as defined in Section 1-113 of
25    the Nursing Home Care Act;
26        (1.5) A facility licensed under the ID/DD Community



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1    Care Act;
2        (1.6) A facility licensed under the MC/DD Act;
3        (1.7) A facility licensed under the Specialized Mental
4    Health Rehabilitation Act of 2013;
5        (2) A "life care facility" as defined in the Life Care
6    Facilities Act;
7        (3) A home, institution, or other place operated by
8    the federal government or agency thereof or by the State
9    of Illinois;
10        (4) A hospital, sanitarium, or other institution, the
11    principal activity or business of which is the diagnosis,
12    care, and treatment of human illness through the
13    maintenance and operation of organized facilities
14    therefor, which is required to be licensed under the
15    Hospital Licensing Act;
16        (5) A "community living facility" as defined in the
17    Community Living Facilities Licensing Act;
18        (6) (Blank);
19        (7) A "community-integrated living arrangement" as
20    defined in the Community-Integrated Living Arrangements
21    Licensure and Certification Act or a "community
22    residential alternative" as licensed under that Act;
23        (8) An assisted living or shared housing establishment
24    as defined in the Assisted Living and Shared Housing Act;
25    or
26        (9) A supportive living facility as described in



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1    Section 5-5.01a of the Illinois Public Aid Code.
2    (e) "Eligible adult" means either an adult with
3disabilities aged 18 through 59 or a person aged 60 or older
4who resides in a domestic living situation and is, or is
5alleged to be, abused, neglected, or financially exploited by
6another individual or who neglects himself or herself.
7"Eligible adult" also includes an adult who resides in any of
8the facilities that are excluded from the definition of
9"domestic living situation" under paragraphs (1) through (9)
10of subsection (d), if either: (i) the alleged abuse or neglect
11occurs outside of the facility and not under facility
12supervision and the alleged abuser is a family member,
13caregiver, or another person who has a continuing relationship
14with the adult; or (ii) the alleged financial exploitation is
15perpetrated by a family member, caregiver, or another person
16who has a continuing relationship with the adult, but who is
17not an employee of the facility where the adult resides.
18    (f) "Emergency" means a situation in which an eligible
19adult is living in conditions presenting a risk of death or
20physical, mental or sexual injury and the provider agency has
21reason to believe the eligible adult is unable to consent to
22services which would alleviate that risk.
23    (f-1) "Financial exploitation" means the use of an
24eligible adult's resources by another to the disadvantage of
25that adult or the profit or advantage of a person other than
26that adult.



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1    (f-5) "Mandated reporter" means any of the following
2persons while engaged in carrying out their professional
4        (1) a professional or professional's delegate while
5    engaged in: (i) social services, (ii) law enforcement,
6    (iii) education, (iv) the care of an eligible adult or
7    eligible adults, or (v) any of the occupations required to
8    be licensed under the Clinical Psychologist Licensing Act,
9    the Clinical Social Work and Social Work Practice Act, the
10    Illinois Dental Practice Act, the Dietitian Nutritionist
11    Practice Act, the Marriage and Family Therapy Licensing
12    Act, the Medical Practice Act of 1987, the Naprapathic
13    Practice Act, the Nurse Practice Act, the Nursing Home
14    Administrators Licensing and Disciplinary Act, the
15    Illinois Occupational Therapy Practice Act, the Illinois
16    Optometric Practice Act of 1987, the Pharmacy Practice
17    Act, the Illinois Physical Therapy Act, the Physician
18    Assistant Practice Act of 1987, the Podiatric Medical
19    Practice Act of 1987, the Respiratory Care Practice Act,
20    the Professional Counselor and Clinical Professional
21    Counselor Licensing and Practice Act, the Illinois
22    Speech-Language Pathology and Audiology Practice Act, the
23    Veterinary Medicine and Surgery Practice Act of 2004, and
24    the Illinois Public Accounting Act;
25        (1.5) an employee of an entity providing developmental
26    disabilities services or service coordination funded by



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1    the Department of Human Services;
2        (2) an employee of a vocational rehabilitation
3    facility prescribed or supervised by the Department of
4    Human Services;
5        (3) an administrator, employee, or person providing
6    services in or through an unlicensed community based
7    facility;
8        (4) any religious practitioner who provides treatment
9    by prayer or spiritual means alone in accordance with the
10    tenets and practices of a recognized church or religious
11    denomination, except as to information received in any
12    confession or sacred communication enjoined by the
13    discipline of the religious denomination to be held
14    confidential;
15        (5) field personnel of the Department of Healthcare
16    and Family Services, Department of Public Health, and
17    Department of Human Services, and any county or municipal
18    health department;
19        (6) personnel of the Department of Human Services, the
20    Guardianship and Advocacy Commission, the State Fire
21    Marshal, local fire departments, the Department on Aging
22    and its subsidiary Area Agencies on Aging and provider
23    agencies, and the Office of State Long Term Care
24    Ombudsman;
25        (7) any employee of the State of Illinois not
26    otherwise specified herein who is involved in providing



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1    services to eligible adults, including professionals
2    providing medical or rehabilitation services and all other
3    persons having direct contact with eligible adults;
4        (8) a person who performs the duties of a coroner or
5    medical examiner; or
6        (9) a person who performs the duties of a paramedic or
7    an emergency medical technician; .
8        (10) a person who performs the duties of an investment
9    advisor; or
10        (11) a person who performs the duties of an insurance
11    adjuster.
12    (g) "Neglect" means another individual's failure to
13provide an eligible adult with or willful withholding from an
14eligible adult the necessities of life including, but not
15limited to, food, clothing, shelter or health care. This
16subsection does not create any new affirmative duty to provide
17support to eligible adults. Nothing in this Act shall be
18construed to mean that an eligible adult is a victim of neglect
19because of health care services provided or not provided by
20licensed health care professionals.
21    (h) "Provider agency" means any public or nonprofit agency
22in a planning and service area that is selected by the
23Department or appointed by the regional administrative agency
24with prior approval by the Department on Aging to receive and
25assess reports of alleged or suspected abuse, neglect, or
26financial exploitation. A provider agency is also referenced



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1as a "designated agency" in this Act.
2    (i) "Regional administrative agency" means any public or
3nonprofit agency in a planning and service area that provides
4regional oversight and performs functions as set forth in
5subsection (b) of Section 3 of this Act. The Department shall
6designate an Area Agency on Aging as the regional
7administrative agency or, in the event the Area Agency on
8Aging in that planning and service area is deemed by the
9Department to be unwilling or unable to provide those
10functions, the Department may serve as the regional
11administrative agency or designate another qualified entity to
12serve as the regional administrative agency; any such
13designation shall be subject to terms set forth by the
15    (i-5) "Self-neglect" means a condition that is the result
16of an eligible adult's inability, due to physical or mental
17impairments, or both, or a diminished capacity, to perform
18essential self-care tasks that substantially threaten his or
19her own health, including: providing essential food, clothing,
20shelter, and health care; and obtaining goods and services
21necessary to maintain physical health, mental health,
22emotional well-being, and general safety. The term includes
23compulsive hoarding, which is characterized by the acquisition
24and retention of large quantities of items and materials that
25produce an extensively cluttered living space, which
26significantly impairs the performance of essential self-care



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1tasks or otherwise substantially threatens life or safety.
2    (j) "Substantiated case" means a reported case of alleged
3or suspected abuse, neglect, financial exploitation, or
4self-neglect in which a provider agency, after assessment,
5determines that there is reason to believe abuse, neglect, or
6financial exploitation has occurred.
7    (k) "Verified" means a determination that there is "clear
8and convincing evidence" that the specific injury or harm
9alleged was the result of abuse, neglect, or financial
11(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.