Full Text of HB5213 101st General Assembly
HB5213 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5213 Introduced , by Rep. Keith R. Wheeler SYNOPSIS AS INTRODUCED: |
| 210 ILCS 160/5 | | 210 ILCS 160/15 | | 210 ILCS 160/30 | | 210 ILCS 160/35 | |
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Amends the Health Care Violence Prevention Act. Removes the term "committed person" and replaces it with "custodial detainee" throughout the Act. Requires health care providers that employ a health care worker to display a notice stating that physical battery (rather than physical assault) will be reported to law enforcement.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Health Care Violence Prevention Act is | 5 | | amended by changing Sections 5, 15, 30, and 35 as follows: | 6 | | (210 ILCS 160/5)
| 7 | | Sec. 5. Definitions. As used in this Act: | 8 | | " Custodial detainee Committed person " means a person who is | 9 | | in the custody of or under the control of a custodial agency, | 10 | | including, but not limited to, a person who is incarcerated, | 11 | | under arrest, detained, or otherwise under the physical control | 12 | | of a custodial agency. | 13 | | "Custodial agency" means the Illinois Department of | 14 | | Corrections, the Illinois State Police, the sheriff of a | 15 | | county, a county jail, a correctional institution, or any other | 16 | | State agency, municipality, or unit of local government that | 17 | | employs personnel designated as police, peace officers, | 18 | | wardens, corrections officers, or guards or that employs | 19 | | personnel vested by law with the power to place or maintain a | 20 | | person in custody. | 21 | | "Health care provider" means a retail health care facility, | 22 | | a hospital subject to the Hospital Licensing Act or the | 23 | | University of Illinois Hospital Act, or a veterans home as |
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| 1 | | defined in the Department of Veterans' Affairs Act. | 2 | | "Health care worker" means nursing assistants and other | 3 | | support personnel, any individual licensed under the laws of | 4 | | this State to provide health services, including but not | 5 | | limited to: dentists licensed under the Illinois Dental | 6 | | Practice Act; dental hygienists licensed under the Illinois | 7 | | Dental Practice Act; nurses and advanced practice registered | 8 | | nurses licensed under the Nurse Practice Act; occupational | 9 | | therapists licensed under the Illinois Occupational Therapy | 10 | | Practice Act; optometrists licensed under the Illinois | 11 | | Optometric Practice Act of 1987; pharmacists licensed under the | 12 | | Pharmacy Practice Act; physical therapists licensed under the | 13 | | Illinois Physical Therapy Act; physicians licensed under the | 14 | | Medical Practice Act of 1987; physician assistants licensed | 15 | | under the Physician Assistant Practice Act of 1987; podiatric | 16 | | physicians licensed under the Podiatric Medical Practice Act of | 17 | | 1987; clinical psychologists licensed under the Clinical | 18 | | Psychologist Licensing Act; clinical social workers licensed | 19 | | under the Clinical Social Work and Social Work Practice Act; | 20 | | speech-language pathologists and audiologists licensed under | 21 | | the Illinois Speech-Language Pathology and Audiology Practice | 22 | | Act; or hearing instrument dispensers licensed under the | 23 | | Hearing Instrument Consumer Protection Act, or any of their | 24 | | successor Acts. | 25 | | "Nurse" means a person who is licensed to practice nursing | 26 | | under the Nurse Practice Act. |
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| 1 | | "Retail health care facility" means an institution, place, | 2 | | or building, or any portion thereof, that: | 3 | | (1) is devoted to the maintenance and operation of a | 4 | | facility for the performance of health care services and is | 5 | | located within a retail store at a specific location; | 6 | | (2) does not provide surgical services or any form of | 7 | | general anesthesia; | 8 | | (3) does not provide beds or other accommodations for | 9 | | either the long-term or overnight stay of patients; and | 10 | | (4) discharges individual patients in an ambulatory | 11 | | condition without danger to the continued well-being of the | 12 | | patients and transfers non-ambulatory patients to | 13 | | hospitals. | 14 | | "Retail health care facility" does not include hospitals, | 15 | | long-term care facilities, ambulatory treatment centers, blood | 16 | | banks, clinical laboratories, offices of physicians, advanced | 17 | | practice registered nurses, podiatrists, and physician | 18 | | assistants, and pharmacies that provide limited health care | 19 | | services.
| 20 | | (Source: P.A. 100-1051, eff. 1-1-19 .) | 21 | | (210 ILCS 160/15)
| 22 | | Sec. 15. Workplace safety. | 23 | | (a) A health care worker who contacts law enforcement or | 24 | | files a report with law enforcement against a patient or | 25 | | individual because of workplace violence shall provide notice |
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| 1 | | to management of the health care provider by which he or she is | 2 | | employed within 3 days after contacting law enforcement or | 3 | | filing the report. | 4 | | (b) No management of a health care provider may discourage | 5 | | a health care worker from exercising his or her right to | 6 | | contact law enforcement or file a report with law enforcement | 7 | | because of workplace violence. | 8 | | (c) A health care provider that employs a health care | 9 | | worker shall display a notice stating that verbal aggression | 10 | | will not be tolerated and physical battery assault will be | 11 | | reported to law enforcement. | 12 | | (d) The health care provider shall offer immediate | 13 | | post-incident services for a health care worker directly | 14 | | involved in a workplace violence incident caused by patients or | 15 | | their visitors, including acute treatment and access to | 16 | | psychological evaluation.
| 17 | | (Source: P.A. 100-1051, eff. 1-1-19 .) | 18 | | (210 ILCS 160/30)
| 19 | | Sec. 30. Medical care for custodial detainees committed | 20 | | persons .
| 21 | | (a) If a custodial detainee committed person receives | 22 | | medical care and treatment at a place other than an institution | 23 | | or facility of the Department of Corrections, a county, or a | 24 | | municipality, then the institution or facility shall:
| 25 | | (1) to the greatest extent practicable, notify the |
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| 1 | | hospital or medical facility that is treating the custodial | 2 | | detainee committed person prior to the custodial | 3 | | detainee's committed person's visit and notify the | 4 | | hospital or medical facility of any significant medical, | 5 | | mental health, recent violent actions, or other safety | 6 | | concerns regarding the patient;
| 7 | | (2) to the greatest extent practicable, ensure the | 8 | | transferred custodial detainee committed person is | 9 | | accompanied by the most comprehensive medical records | 10 | | possible;
| 11 | | (3) provide at least one guard trained in custodial | 12 | | escort and custody of high-risk custodial detainees | 13 | | committed persons to accompany any custodial detainee | 14 | | committed person . The custodial agency shall attest to such | 15 | | training for custodial escort and custody of high-risk | 16 | | custodial detainees committed persons through: (A) the | 17 | | training of the Department of Corrections, Department of | 18 | | Juvenile Justice, or Department of State Police; (B) law | 19 | | enforcement training that is substantially equivalent to | 20 | | the training of the Department of Corrections, Department | 21 | | of Juvenile Justice, or Department of State Police; or (C) | 22 | | the training described in Section 35. Under no | 23 | | circumstances may leg irons or shackles or waist shackles | 24 | | be used on any pregnant female prisoner who is in labor. In | 25 | | addition, restraint of a pregnant female prisoner in the | 26 | | custody of the Cook County shall comply with Section |
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| 1 | | 3-15003.6 of the Counties Code. Additionally, restraints | 2 | | shall not be used on a custodial detainee committed person | 3 | | if medical personnel determine that the restraints would | 4 | | impede medical treatment; and | 5 | | (4) ensure that only medical personnel, Department of | 6 | | Corrections, county, or municipality personnel, and | 7 | | visitors on the custodial detainee's committed person's | 8 | | approved institutional visitors list may visit the | 9 | | custodial detainee committed person . Visitation by a | 10 | | person on the custodial detainee's committed person's | 11 | | approved institutional visitors list shall be subject to | 12 | | the rules and procedures of the hospital or medical | 13 | | facility and the Department of Corrections, county, or | 14 | | municipality. In any situation in which a custodial | 15 | | detainee committed person is being visited: | 16 | | (A) the name of the visitor must be listed per the | 17 | | facility's or institution's documentation; | 18 | | (B) the visitor shall submit to the search of his | 19 | | or her person or any personal property under his or her | 20 | | control at any time; and | 21 | | (C) the custodial agency may deny the custodial | 22 | | detainee committed person access to a telephone or | 23 | | limit the number of visitors the custodial detainee | 24 | | committed person may receive for purposes of safety. | 25 | | If a custodial detainee committed person receives medical | 26 | | care and treatment at a place other than an institution or |
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| 1 | | facility of the Department of Corrections, county, or | 2 | | municipality, then the custodial agency shall ensure that the | 3 | | custodial detainee committed person is wearing security | 4 | | restraints in accordance with the custodial agency's rules and | 5 | | procedures if the custodial agency determines that restraints | 6 | | are necessary for the following reasons: (i) to prevent | 7 | | physical harm to the custodial detainee committed person or | 8 | | another person; (ii) because the custodial detainee committed | 9 | | person has a history of disruptive behavior that has placed | 10 | | others in potentially harmful situations or presents a | 11 | | substantial risk of inflicting physical harm on himself or | 12 | | herself or others as evidenced by recent behavior; or (iii) | 13 | | there is a well-founded belief that the custodial detainee | 14 | | committed person presents a substantial risk of flight. Under | 15 | | no circumstances may leg irons or shackles or waist shackles be | 16 | | used on any pregnant female prisoner who is in labor. In | 17 | | addition, restraint of a pregnant female prisoner in the | 18 | | custody of the Cook County shall comply with Section 3-15003.6 | 19 | | of the Counties Code. | 20 | | The hospital or medical facility may establish protocols | 21 | | for the receipt of custodial detainees committed persons in | 22 | | collaboration with the Department of Corrections, county, or | 23 | | municipality, specifically with regard to potentially violent | 24 | | persons.
| 25 | | (b) If a custodial detainee committed person receives | 26 | | medical care and treatment at a place other than an institution |
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| 1 | | or facility of the Department of Juvenile Justice, then the | 2 | | institution or facility shall:
| 3 | | (1) to the greatest extent practicable, notify the | 4 | | hospital or medical facility that is treating the custodial | 5 | | detainee committed person prior to the custodial | 6 | | detainee's committed person's visit, and notify the | 7 | | hospital or medical facility of any significant medical, | 8 | | mental health, recent violent actions, or other safety | 9 | | concerns regarding the patient;
| 10 | | (2) to the greatest extent practicable, ensure the | 11 | | transferred custodial detainee committed person is | 12 | | accompanied by the most comprehensive medical records | 13 | | possible;
| 14 | | (3) provide: (A) at least one guard trained in | 15 | | custodial escort and custody of high-risk custodial | 16 | | detainees committed persons to accompany any custodial | 17 | | detainee committed person . The custodial agency shall | 18 | | attest to such training for custodial escort and custody of | 19 | | high-risk custodial detainees committed persons through: | 20 | | (i) the training of the Department of Corrections, | 21 | | Department of Juvenile Justice, or Department of State | 22 | | Police, (ii) law enforcement training that is | 23 | | substantially equivalent to the training of the Department | 24 | | of Corrections, Department of Juvenile Justice, or | 25 | | Department of State Police, or (iii) the training described | 26 | | in Section 35; or (B) 2 guards to accompany the custodial |
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| 1 | | detainee committed person at all times during the visit to | 2 | | the hospital or medical facility; and
| 3 | | (4) ensure that only medical personnel, Department of | 4 | | Juvenile Justice personnel, and visitors on the custodial | 5 | | detainee's committed person's approved institutional | 6 | | visitors list may visit the custodial detainee committed | 7 | | person . Visitation by a person on the custodial detainee's | 8 | | committed person's approved institutional visitors list | 9 | | shall be subject to the rules and procedures of the | 10 | | hospital or medical facility and the Department of Juvenile | 11 | | Justice. In any situation in which a custodial detainee | 12 | | committed person is being visited:
| 13 | | (A) the name of the visitor must be listed per the | 14 | | facility's or institution's documentation;
| 15 | | (B) the visitor shall submit to the search of his | 16 | | or her person or any personal property under his or her | 17 | | control at any time;
and | 18 | | (C) the custodial agency may deny the custodial | 19 | | detainee committed person access to a telephone or | 20 | | limit the number of visitors the custodial detainee | 21 | | committed person may receive for purposes of safety. | 22 | | If a custodial detainee committed person receives medical | 23 | | care and treatment at a place other than an institution or | 24 | | facility of the Department of Juvenile Justice, then the | 25 | | Department of Juvenile Justice shall ensure that the custodial | 26 | | detainee committed person is wearing security restraints on |
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| 1 | | either his or her wrists or ankles in accordance with the rules | 2 | | and procedures of the Department of Juvenile Justice if the | 3 | | Department of Juvenile Justice determines that restraints are | 4 | | necessary for the following reasons: (i) to prevent physical | 5 | | harm to the custodial detainee committed person or another | 6 | | person; (ii) because the custodial detainee committed person | 7 | | has a history of disruptive behavior that has placed others in | 8 | | potentially harmful situations or presents a substantial risk | 9 | | of inflicting physical harm on himself or herself or others as | 10 | | evidenced by recent behavior; or (iii) there is a well-founded | 11 | | belief that the custodial detainee committed person presents a | 12 | | substantial risk of flight. Any restraints used on a custodial | 13 | | detainee committed person under this paragraph shall be the | 14 | | least restrictive restraints necessary to prevent flight or | 15 | | physical harm to the custodial detainee committed person or | 16 | | another person. Restraints shall not be used on the custodial | 17 | | detainee committed person as provided in this paragraph if | 18 | | medical personnel determine that the restraints would impede | 19 | | medical treatment. Under no circumstances may leg irons or | 20 | | shackles or waist shackles be used on any pregnant female | 21 | | prisoner who is in labor. In addition, restraint of a pregnant | 22 | | female prisoner in the custody of the Cook County shall comply | 23 | | with Section 3-15003.6 of the Counties Code. | 24 | | The hospital or medical facility may establish protocols | 25 | | for the receipt of custodial detainees committed persons in | 26 | | collaboration with the Department of Juvenile Justice, |
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| 1 | | specifically with regard to persons recently exhibiting | 2 | | violence.
| 3 | | (Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.) | 4 | | (210 ILCS 160/35)
| 5 | | Sec. 35. Custodial agency training. The Illinois Law | 6 | | Enforcement Training Standards Board shall establish a | 7 | | curriculum for custodial escort and custody of high-risk | 8 | | custodial detainees committed persons certification, which | 9 | | shall include, but not be limited to, the following:
| 10 | | (1) handcuffing or shackling of a high-risk custodial | 11 | | detainee committed person ;
| 12 | | (2) mobile transportation of a custodial detainee | 13 | | committed person with defense from the custodial | 14 | | detainee's committed person's attack;
| 15 | | (3) outside facility threat assessment; | 16 | | (4) hands-on weapons retention training; and | 17 | | (5) custodial considerations for a high-risk custodial | 18 | | detainee committed person in outside facilities.
| 19 | | (Source: P.A. 100-1051, eff. 1-1-19 .)
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