Full Text of SB0788 98th General Assembly
SB0788 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB0788 Introduced 1/24/2013, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
| 320 ILCS 20/4 | from Ch. 23, par. 6604 |
| Amends the Elder Abuse and Neglect Act. Makes a technical change in a Section concerning reports of abuse or neglect.
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| | A BILL FOR |
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| 1 | | AN ACT concerning aging.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Elder Abuse and Neglect Act is amended by | 5 | | changing Section 4 as follows:
| 6 | | (320 ILCS 20/4) (from Ch. 23, par. 6604)
| 7 | | Sec. 4. Reports of abuse or neglect.
| 8 | | (a) Any person who suspects the
the abuse,
neglect,
| 9 | | financial exploitation, or self-neglect of an eligible adult | 10 | | may
report
this suspicion to an agency designated to receive | 11 | | such
reports under this Act or to the Department. | 12 | | (a-5) If any mandated reporter has reason to believe that | 13 | | an eligible
adult,
who because of dysfunction is unable to seek | 14 | | assistance for himself or herself,
has, within the previous 12 | 15 | | months, been subjected to abuse, neglect, or
financial | 16 | | exploitation, the mandated reporter shall, within 24 hours | 17 | | after
developing
such belief, report this suspicion to an | 18 | | agency designated to receive such
reports under this Act or
to | 19 | | the Department. The agency designated to receive such reports | 20 | | under this Act or the Department may establish a manner in | 21 | | which a mandated reporter can make the required report through | 22 | | an Internet reporting tool. Information sent and received | 23 | | through the Internet reporting tool is subject to the same |
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| 1 | | rules in this Act as other types of confidential reporting | 2 | | established by the designated agency or the Department. | 3 | | Whenever a mandated reporter
is required to report under this | 4 | | Act in his or her capacity as a member of
the staff of a medical | 5 | | or other public or private institution, facility,
board and | 6 | | care home, or agency, he or she shall make a report
to an | 7 | | agency designated to receive such
reports under this Act or
to | 8 | | the Department in accordance
with the provisions of this Act | 9 | | and may also notify the person in charge of
the institution, | 10 | | facility, board and care home, or agency or his or her
| 11 | | designated agent that the
report has been made. Under no | 12 | | circumstances shall any person in charge of
such institution, | 13 | | facility, board and care home, or agency, or his or her
| 14 | | designated agent to whom
the notification has been made, | 15 | | exercise any control, restraint,
modification, or other change | 16 | | in the report or the forwarding of the report
to an agency | 17 | | designated to receive such
reports under this Act or
to the | 18 | | Department. The privileged quality of communication between | 19 | | any
professional
person required to report
and his or her | 20 | | patient or client shall not apply to situations involving
| 21 | | abused, neglected, or financially exploited eligible adults | 22 | | and shall not
constitute
grounds for failure to
report
as | 23 | | required by this Act.
| 24 | | (a-7) A person making a report
under this Act in the belief | 25 | | that it is in the alleged victim's best
interest shall be | 26 | | immune from criminal or civil liability or professional
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| 1 | | disciplinary action on account of making the report, | 2 | | notwithstanding any
requirements concerning the | 3 | | confidentiality of information with respect to
such eligible | 4 | | adult which might otherwise be applicable.
| 5 | | (a-9) Law enforcement officers
shall continue to report | 6 | | incidents of alleged abuse pursuant to the
Illinois Domestic | 7 | | Violence Act of 1986, notwithstanding any requirements
under | 8 | | this Act.
| 9 | | (b) Any person, institution or agency participating in the | 10 | | making of
a report, providing
information or records related to | 11 | | a report, assessment, or services, or
participating in the | 12 | | investigation of a report under
this Act in good faith, or | 13 | | taking photographs or x-rays as a result of an
authorized | 14 | | assessment, shall have immunity from any civil, criminal or
| 15 | | other liability in any civil, criminal or other proceeding | 16 | | brought in
consequence of making such report or assessment or | 17 | | on account of submitting
or otherwise disclosing such | 18 | | photographs or x-rays to any agency designated
to receive | 19 | | reports of alleged or suspected abuse or neglect. Any person,
| 20 | | institution or agency authorized by the Department to provide | 21 | | assessment,
intervention, or administrative services under | 22 | | this Act shall, in the good
faith performance of those | 23 | | services, have immunity from any civil, criminal
or other | 24 | | liability in any civil, criminal, or other proceeding brought | 25 | | as a
consequence of the performance of those services.
For the | 26 | | purposes of any civil, criminal, or other proceeding, the good |
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| 1 | | faith
of any person required to report, permitted to report, or | 2 | | participating in an
investigation of a report of alleged or | 3 | | suspected abuse, neglect,
financial exploitation, or | 4 | | self-neglect shall be
presumed.
| 5 | | (c) The identity of a person making a report of alleged or | 6 | | suspected
abuse, neglect, financial exploitation, or | 7 | | self-neglect under this Act may be disclosed by the Department
| 8 | | or other agency provided for in this Act only with such | 9 | | person's written
consent or by court order.
| 10 | | (d) The Department shall by rule establish a system for | 11 | | filing and
compiling reports made under this Act.
| 12 | | (e) Any physician who willfully fails to report as required | 13 | | by this Act
shall be referred to the Illinois State Medical | 14 | | Disciplinary Board for action
in accordance with subdivision | 15 | | (A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | 16 | | dentist or dental hygienist who willfully fails to report as
| 17 | | required by this Act shall be referred to the Department of | 18 | | Professional
Regulation for action in accordance with | 19 | | paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | 20 | | Any optometrist who willfully fails to report as required by | 21 | | this Act shall be referred to the Department of Financial and | 22 | | Professional Regulation for action in accordance with | 23 | | paragraph (15) of subsection (a) of Section 24 of the Illinois | 24 | | Optometric Practice Act of 1987. Any other mandated reporter | 25 | | required by
this Act to report suspected abuse, neglect, or | 26 | | financial exploitation who
willfully fails to report the same |
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| 1 | | is guilty of a Class A misdemeanor.
| 2 | | (Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10; | 3 | | 96-1000, eff. 7-2-10; 97-860, eff. 7-30-12.)
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