Full Text of HB2537 94th General Assembly
HB2537 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2537
Introduced 2/18/2005, by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
|
320 ILCS 20/2 |
from Ch. 23, par. 6602 |
|
Amends the Elder Abuse and Neglect Act. Provides that an administrator or employee of a bank, savings and loan association, or credit union is a "mandated reporter" of suspected abuse, neglect, or financial exploitation under the Act. Effective January 1, 2006.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB2537 |
|
LRB094 10183 DRJ 40450 b |
|
| 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 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 or neglect for the sole | 14 |
| reason that he or she is being
furnished with or relies upon | 15 |
| treatment by spiritual means through prayer
alone, in | 16 |
| accordance with the tenets and practices of a recognized church
| 17 |
| or religious denomination.
| 18 |
| Nothing in this Act shall be construed to mean that an | 19 |
| eligible adult is a
victim of abuse because of health care | 20 |
| services provided or not provided by
licensed health care | 21 |
| professionals.
| 22 |
| (a-5) "Abuser" means a person who abuses, neglects, or | 23 |
| financially
exploits an eligible adult.
| 24 |
| (a-7) "Caregiver" means a person who either as a result of | 25 |
| a family
relationship, voluntarily, or in exchange for | 26 |
| compensation has assumed
responsibility for all or a portion of | 27 |
| the care of an eligible adult who needs
assistance with | 28 |
| activities of daily
living.
| 29 |
| (b) "Department" means the Department on Aging of the State | 30 |
| of Illinois.
| 31 |
| (c) "Director" means the Director of the Department.
| 32 |
| (d) "Domestic living situation" means a residence where the |
|
|
|
HB2537 |
- 2 - |
LRB094 10183 DRJ 40450 b |
|
| 1 |
| eligible
adult lives alone or with his or her family or a | 2 |
| caregiver, or others,
or a board and care home or other | 3 |
| community-based unlicensed facility, but
is not:
| 4 |
| (1) A licensed facility as defined in Section 1-113 of | 5 |
| the Nursing Home
Care Act;
| 6 |
| (2) A "life care facility" as defined in the Life Care | 7 |
| Facilities Act;
| 8 |
| (3) A home, institution, or other place operated by the | 9 |
| federal
government or agency thereof or by the State of | 10 |
| Illinois;
| 11 |
| (4) A hospital, sanitarium, or other institution, the | 12 |
| principal activity
or business of which is the diagnosis, | 13 |
| care, and treatment of human illness
through the | 14 |
| maintenance and operation of organized facilities | 15 |
| therefor,
which is required to be licensed under the | 16 |
| Hospital Licensing Act;
| 17 |
| (5) A "community living facility" as defined in the | 18 |
| Community Living
Facilities Licensing Act;
| 19 |
| (6) A "community residential alternative" as defined | 20 |
| in the Community
Residential Alternatives Licensing Act; | 21 |
| and
| 22 |
| (7) A "community-integrated living arrangement" as | 23 |
| defined in
the Community-Integrated Living Arrangements | 24 |
| Licensure and Certification Act.
| 25 |
| (e) "Eligible adult" means a person 60 years of age or | 26 |
| older who
resides in a domestic living situation and is, or is | 27 |
| alleged
to be, abused, neglected, or financially exploited by | 28 |
| another individual.
| 29 |
| (f) "Emergency" means a situation in which an eligible | 30 |
| adult is living
in conditions presenting a risk of death or | 31 |
| physical, mental or sexual
injury and the provider agency has | 32 |
| reason to believe the eligible adult is
unable to
consent to | 33 |
| services which would alleviate that risk.
| 34 |
| (f-5) "Mandated reporter" means any of the following | 35 |
| persons
while engaged in carrying out their professional | 36 |
| duties:
|
|
|
|
HB2537 |
- 3 - |
LRB094 10183 DRJ 40450 b |
|
| 1 |
| (1) a professional or professional's delegate while | 2 |
| engaged in: (i) social
services, (ii) law enforcement, | 3 |
| (iii) education, (iv) the care of an eligible
adult or | 4 |
| eligible adults, or (v) any of the occupations required to | 5 |
| be licensed
under
the Clinical Psychologist Licensing Act, | 6 |
| the Clinical Social Work and Social
Work Practice Act, the | 7 |
| Illinois Dental Practice Act, the Dietetic and Nutrition
| 8 |
| Services Practice Act, the Marriage and Family Therapy | 9 |
| Licensing Act, the
Medical Practice Act of 1987, the | 10 |
| Naprapathic Practice Act, the
Nursing and Advanced | 11 |
| Practice Nursing Act, the Nursing Home
Administrators | 12 |
| Licensing and
Disciplinary Act, the Illinois Occupational | 13 |
| Therapy Practice Act, the Illinois
Optometric Practice Act | 14 |
| of 1987, the Pharmacy Practice Act of 1987, the
Illinois | 15 |
| Physical Therapy Act, the Physician Assistant Practice Act | 16 |
| of 1987,
the Podiatric Medical Practice Act of 1987, the | 17 |
| Respiratory Care Practice
Act,
the Professional Counselor | 18 |
| and
Clinical Professional Counselor Licensing Act, the | 19 |
| Illinois Speech-Language
Pathology and Audiology Practice | 20 |
| Act, the Veterinary Medicine and Surgery
Practice Act of | 21 |
| 2004, and the Illinois Public Accounting Act;
| 22 |
| (2) an employee of a vocational rehabilitation | 23 |
| facility prescribed or
supervised by the Department of | 24 |
| Human Services;
| 25 |
| (3) an administrator, employee, or person providing | 26 |
| services in or through
an unlicensed community based | 27 |
| facility;
| 28 |
| (4) a Christian Science Practitioner;
| 29 |
| (5) field personnel of the Department of Public Aid, | 30 |
| Department of Public
Health, and Department of Human | 31 |
| Services, and any county or
municipal health department;
| 32 |
| (6) personnel of the Department of Human Services, the | 33 |
| Guardianship and
Advocacy Commission, the State Fire | 34 |
| Marshal, local fire departments, the
Department on Aging | 35 |
| and its subsidiary Area Agencies on Aging and provider
| 36 |
| agencies, and the Office of State Long Term Care Ombudsman;
|
|
|
|
HB2537 |
- 4 - |
LRB094 10183 DRJ 40450 b |
|
| 1 |
| (7) any employee of the State of Illinois not otherwise | 2 |
| specified herein
who is involved in providing services to | 3 |
| eligible adults, including
professionals providing medical | 4 |
| or rehabilitation services and all
other persons having | 5 |
| direct contact with eligible adults; | 6 |
| (7.5) an administrator or employee of (i) a bank | 7 |
| subject to the Illinois Banking Act, (ii) a savings and | 8 |
| loan association subject to the Illinois Savings and Loan | 9 |
| Act of 1985, or (iii) a credit union subject to the | 10 |
| Illinois Credit Union Act;
| 11 |
| (8) a person who performs the duties of a coroner
or | 12 |
| medical examiner; or
| 13 |
| (9) a person who performs the duties of a paramedic or | 14 |
| an emergency
medical
technician.
| 15 |
| (g) "Neglect" means
another individual's failure to | 16 |
| provide an eligible
adult with or willful withholding from an | 17 |
| eligible adult the necessities of
life including, but not | 18 |
| limited to, food, clothing, shelter or medical care.
This | 19 |
| subsection does not create any new affirmative duty to provide | 20 |
| support to
eligible adults. Nothing in this Act shall be | 21 |
| construed to mean that an
eligible adult is a victim of neglect | 22 |
| because of health care services provided
or not provided by | 23 |
| licensed health care professionals.
| 24 |
| (h) "Provider agency" means any public or nonprofit agency | 25 |
| in a planning
and service area appointed by the regional | 26 |
| administrative agency with prior
approval by the Department on | 27 |
| Aging to receive and assess reports of
alleged or suspected | 28 |
| abuse, neglect, or financial exploitation.
| 29 |
| (i) "Regional administrative agency" means any public or | 30 |
| nonprofit
agency in a planning and service area so designated | 31 |
| by the Department,
provided that the designated Area Agency on | 32 |
| Aging shall be designated the
regional administrative agency if | 33 |
| it so requests.
The Department shall assume the functions of | 34 |
| the regional administrative
agency for any planning and service | 35 |
| area where another agency is not so
designated.
| 36 |
| (j) "Substantiated case" means a reported case of alleged |
|
|
|
HB2537 |
- 5 - |
LRB094 10183 DRJ 40450 b |
|
| 1 |
| or suspected
abuse, neglect, or financial exploitation in which | 2 |
| a provider agency,
after assessment, determines that there is | 3 |
| reason to believe abuse,
neglect, or financial exploitation has | 4 |
| occurred.
| 5 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-281 eff. 12-31-03; | 6 |
| 93-300, eff. 1-1-04;
revised 9-22-03.)
| 7 |
| Section 99. Effective date. This Act takes effect January | 8 |
| 1, 2006.
|
|