Full Text of HB5650 95th General Assembly
HB5650eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning aging.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Optometric Practice Act of 1987 is | 5 |
| amended by changing Section 24 as follows:
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| (225 ILCS 80/24) (from Ch. 111, par. 3924)
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| (Section scheduled to be repealed on January 1, 2017)
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| Sec. 24. Grounds for disciplinary action.
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| (a) The Department may refuse to issue or to renew, or may
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| revoke, suspend, place on probation, reprimand or take other
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| disciplinary action as the Department may deem proper, | 12 |
| including fines not
to exceed $10,000 for each violation, with | 13 |
| regard to any license for any one or combination of the | 14 |
| following causes:
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| (1) Violations of this Act, or of the rules promulgated
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| hereunder.
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| (2) Conviction of or entry of a plea of guilty to any | 18 |
| crime under the laws of any U.S. jurisdiction
thereof that | 19 |
| is a felony or that is a misdemeanor of which an essential | 20 |
| element
is dishonesty, or any crime that is directly | 21 |
| related to the practice of the
profession.
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| (3) Making any misrepresentation for the purpose of | 23 |
| obtaining a
license.
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| (4) Professional incompetence or gross negligence in | 2 |
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practice of optometry.
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| (5) Gross malpractice, prima facie evidence
of which | 4 |
| may be a conviction or judgment of
malpractice in any court | 5 |
| of competent jurisdiction.
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| (6) Aiding or assisting another person in violating any
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| provision of this Act or rules.
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| (7) Failing, within 60 days, to provide information in | 9 |
| response
to a
written request made by the Department that | 10 |
| has been sent by
certified or
registered mail to the | 11 |
| licensee's last known address.
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| (8) Engaging in dishonorable, unethical, or | 13 |
| unprofessional
conduct of a
character likely to deceive, | 14 |
| defraud, or harm the public.
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| (9) Habitual or excessive use or addiction to alcohol,
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| narcotics,
stimulants or any other chemical agent or drug | 17 |
| that results in
the
inability to practice with reasonable | 18 |
| judgment, skill, or safety.
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| (10) Discipline by another U.S. jurisdiction or | 20 |
| foreign
nation, if at
least one of the grounds for the | 21 |
| discipline is the same or substantially
equivalent to those | 22 |
| set forth herein.
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| (11) Directly or indirectly giving to or receiving from | 24 |
| any
person, firm,
corporation, partnership, or association | 25 |
| any fee, commission, rebate, or
other form of compensation | 26 |
| for any professional services not actually or
personally |
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| rendered. This shall not be deemed to include (i) rent or | 2 |
| other
remunerations paid to an individual, partnership, or | 3 |
| corporation by an
optometrist for the lease, rental, or use | 4 |
| of space, owned or controlled, by
the individual, | 5 |
| partnership, corporation or association, and (ii) the
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| division of fees between an optometrist and related | 7 |
| professional service
providers with whom the optometrist | 8 |
| practices in a
professional corporation organized under | 9 |
| Section 3.6 of the Professional
Service Corporation Act.
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| (12) A finding by the Department that the licensee, | 11 |
| after
having his or
her
license placed on probationary | 12 |
| status has violated the terms of
probation.
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| (13) Abandonment of a patient.
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| (14) Willfully making or filing false records or | 15 |
| reports in
his or her
practice,
including but not limited | 16 |
| to false records filed with State agencies or
departments.
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| (15) Willfully failing to report an instance of | 18 |
| suspected
child abuse or
neglect as required by law the | 19 |
| Abused and Neglected Child Reporting Act .
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| (16) Physical illness, including but not limited to,
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| deterioration
through the aging process, or loss of motor | 22 |
| skill, mental illness, or
disability that results in the
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| inability to practice the profession with reasonable | 24 |
| judgment, skill,
or safety.
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| (17) Solicitation of professional services other than
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| permitted
advertising.
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| (18) Failure to provide a patient with a copy of his or
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| her record or
prescription in accordance with federal law.
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| (19) Conviction by any court of competent | 4 |
| jurisdiction, either
within or
without this State, of any | 5 |
| violation of any law governing the practice of
optometry, | 6 |
| conviction in this or another State of any crime that
is a
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| felony under the laws of this State or conviction of a | 8 |
| felony in a federal
court, if the Department determines, | 9 |
| after investigation, that such person
has not been | 10 |
| sufficiently rehabilitated to warrant the public trust.
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| (20) A finding that licensure has been applied for or | 12 |
| obtained
by
fraudulent means.
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| (21) Continued practice by a person knowingly having an
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| infectious
or contagious
disease.
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| (22) Being named as a perpetrator in an indicated | 16 |
| report by
the
Department of Children and Family Services | 17 |
| under the Abused and
Neglected Child Reporting Act, and | 18 |
| upon proof by clear and
convincing evidence that the | 19 |
| licensee has caused a child to be an abused
child or a | 20 |
| neglected child as defined in the Abused and Neglected | 21 |
| Child
Reporting Act.
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| (23) Practicing or attempting to practice under a name | 23 |
| other
than the
full name as shown on his or her license.
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| (24) Immoral conduct in the commission of any act, such | 25 |
| as
sexual abuse,
sexual misconduct or sexual exploitation, | 26 |
| related to the licensee's
practice.
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| (25) Maintaining a professional relationship with any | 2 |
| person,
firm, or
corporation when the optometrist knows, or | 3 |
| should know, that such person,
firm, or corporation is | 4 |
| violating this Act.
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| (26) Promotion of the sale of drugs, devices, | 6 |
| appliances or
goods
provided for a client or patient in | 7 |
| such manner as to exploit the patient
or client for | 8 |
| financial gain of the licensee.
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| (27) Using the title "Doctor" or its abbreviation | 10 |
| without
further
qualifying that title or abbreviation with | 11 |
| the word "optometry" or
"optometrist".
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| (28) Use by a licensed optometrist of the
word
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| "infirmary",
"hospital", "school", "university", in | 14 |
| English or any other
language, in connection with the place | 15 |
| where optometry may be practiced or
demonstrated.
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| (29) Continuance of an optometrist in the employ of any
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| person, firm or
corporation, or as an assistant to any | 18 |
| optometrist or optometrists,
directly or indirectly, after | 19 |
| his or her employer or superior has been
found
guilty of | 20 |
| violating or has been enjoined from violating the laws of | 21 |
| the
State of Illinois relating to the practice of | 22 |
| optometry, when the employer
or superior persists in that | 23 |
| violation.
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| (30) The performance of optometric service in | 25 |
| conjunction with
a scheme
or plan with another person, firm | 26 |
| or corporation known to be advertising in
a manner contrary |
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| to this Act or otherwise violating the laws of the State of
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| Illinois concerning the practice of optometry.
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| (31) Failure to provide satisfactory proof of having
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| participated in
approved continuing education programs as | 5 |
| determined by the Board and
approved by the Secretary. | 6 |
| Exceptions for extreme hardships are to be
defined by the | 7 |
| rules of the Department.
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| (32) Willfully making or filing false records or | 9 |
| reports in
the practice
of optometry, including, but not | 10 |
| limited to false records to support claims
against the | 11 |
| medical assistance program of the Department of Healthcare | 12 |
| and Family Services (formerly Department of Public Aid)
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| under the Illinois Public Aid Code.
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| (33) Gross and willful overcharging for professional | 15 |
| services
including
filing false statements for collection | 16 |
| of fees for which services are not
rendered, including, but | 17 |
| not limited to filing false statements for
collection of | 18 |
| monies for services not rendered from the medical | 19 |
| assistance
program of the Department of Healthcare and | 20 |
| Family Services (formerly Department of Public Aid) under | 21 |
| the Illinois Public Aid
Code.
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| (34) In the absence of good reasons to the contrary, | 23 |
| failure
to perform a
minimum eye examination as required by | 24 |
| the rules of the Department.
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| (35) Violation of the Health Care Worker Self-Referral | 26 |
| Act.
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| The Department may refuse to issue or may suspend the | 2 |
| license of any person who fails to file a return, or to pay the | 3 |
| tax,
penalty or interest shown in a filed return, or to pay any | 4 |
| final assessment
of the tax, penalty or interest, as required | 5 |
| by any tax Act administered by
the Illinois Department of | 6 |
| Revenue, until such time as the requirements of
any such tax | 7 |
| Act are satisfied.
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| (a-5) In enforcing this Section, the Board upon a showing | 9 |
| of a possible
violation, may compel any individual licensed to | 10 |
| practice under this Act, or
who has applied for licensure or | 11 |
| certification pursuant to this Act,
to submit to a
mental or | 12 |
| physical
examination, or both, as required by and at the | 13 |
| expense of the Department. The
examining physicians or clinical | 14 |
| psychologists shall be those specifically
designated by the | 15 |
| Board. The Board or the Department may order the examining
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| physician or clinical psychologist to present testimony | 17 |
| concerning this mental
or physical examination of the licensee | 18 |
| or applicant. No information shall be
excluded by reason of any | 19 |
| common law or statutory privilege relating to
communications | 20 |
| between the licensee or applicant and the examining physician | 21 |
| or
clinical psychologist. Eye examinations may be provided by a | 22 |
| licensed
optometrist. The individual to be examined may have,
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| at his or her own expense, another physician of his or her | 24 |
| choice present
during all aspects of the examination. Failure | 25 |
| of any individual to submit to
a mental or physical | 26 |
| examination, when directed, shall be grounds for
suspension of |
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| a license until such time as the individual submits to the
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| examination if the Board finds, after notice and hearing, that | 3 |
| the refusal to
submit to the examination was without reasonable | 4 |
| cause.
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| If the Board finds an individual unable to practice because | 6 |
| of the reasons
set forth in this Section, the Board shall | 7 |
| require such individual to submit to
care, counseling, or | 8 |
| treatment by physicians or clinical psychologists approved
or | 9 |
| designated by the Board, as a condition, term, or restriction | 10 |
| for continued,
reinstated, or renewed licensure to practice, or | 11 |
| in lieu of care, counseling,
or treatment, the Board may | 12 |
| recommend to the Department to file a complaint to immediately | 13 |
| suspend, revoke, or otherwise discipline the
license of the | 14 |
| individual, or the Board may recommend to the Department to | 15 |
| file
a complaint to suspend, revoke, or otherwise discipline | 16 |
| the license of the
individual. Any individual whose license was | 17 |
| granted pursuant to this Act, or
continued, reinstated, | 18 |
| renewed, disciplined, or supervised, subject to such
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| conditions, terms, or restrictions, who shall fail to comply | 20 |
| with such
conditions, terms, or restrictions, shall be referred | 21 |
| to the Secretary for a
determination as to whether the | 22 |
| individual shall have his or her license
suspended immediately, | 23 |
| pending a hearing by the Board.
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| (b) The determination by a circuit court that a licensee is | 25 |
| subject to
involuntary admission or judicial admission as | 26 |
| provided in the Mental
Health and Developmental Disabilities |
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| Code operates as an
automatic suspension. The suspension will | 2 |
| end only upon a finding by a
court that the patient is no | 3 |
| longer subject to involuntary admission or
judicial admission | 4 |
| and issues an order so finding and discharging the
patient; and | 5 |
| upon the recommendation of the Board to the Secretary
that
the | 6 |
| licensee be allowed to resume his or her practice.
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| (c) Notwithstanding any other rulemaking authority that | 8 |
| may exist, neither the Governor nor any agency or agency head | 9 |
| under the jurisdiction of the Governor has any authority to | 10 |
| make or promulgate rules to implement or enforce the provisions | 11 |
| of this amendatory Act of the 95th General Assembly. If, | 12 |
| however, the Governor believes that rules are necessary to | 13 |
| implement or enforce the provisions of this amendatory Act of | 14 |
| the 95th General Assembly, the Governor may suggest rules to | 15 |
| the General Assembly by filing them with the Clerk of the House | 16 |
| and Secretary of the Senate and by requesting that the General | 17 |
| Assembly authorize such rulemaking by law, enact those | 18 |
| suggested rules into law, or take any other appropriate action | 19 |
| in the General Assembly's discretion. Nothing contained in this | 20 |
| amendatory Act of the 95th General Assembly shall be | 21 |
| interpreted to grant rulemaking authority under any other | 22 |
| Illinois statute where such authority is not otherwise | 23 |
| explicitly given. For the purposes of this amendatory Act of | 24 |
| the 95th General Assembly, "rules" is given the meaning | 25 |
| contained in Section 1-70 of the Illinois Administrative | 26 |
| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois | 2 |
| Administrative Procedure Act to the extent that such | 3 |
| definitions apply to agencies or agency heads under the | 4 |
| jurisdiction of the Governor. | 5 |
| (Source: P.A. 94-787, eff. 5-19-06.)
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| Section 10. The Elder Abuse and Neglect Act is amended by | 7 |
| changing Section 4 as follows:
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| (320 ILCS 20/4) (from Ch. 23, par. 6604)
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| Sec. 4. Reports of abuse or neglect.
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| (a) Any person who suspects the abuse,
neglect,
financial | 11 |
| exploitation, or self-neglect of an eligible adult may
report
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| this suspicion to an agency designated to receive such
reports | 13 |
| under this Act or to the Department.
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| (a-5) If any mandated reporter has reason to believe that | 15 |
| an eligible
adult,
who because of dysfunction is unable to seek | 16 |
| assistance for himself or herself,
has, within the previous 12 | 17 |
| months, been subjected to abuse, neglect, or
financial | 18 |
| exploitation, the mandated reporter shall, within 24 hours | 19 |
| after
developing
such belief, report this suspicion to an | 20 |
| agency designated to receive such
reports under this Act or
to | 21 |
| the Department. Whenever a mandated reporter
is required to | 22 |
| report under this Act in his or her capacity as a member of
the | 23 |
| staff of a medical or other public or private institution, | 24 |
| facility,
board and care home, or agency, he or she shall make |
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| a report
to an agency designated to receive such
reports under | 2 |
| this Act or
to the Department in accordance
with the provisions | 3 |
| of this Act and may also notify the person in charge of
the | 4 |
| institution, facility, board and care home, or agency or his or | 5 |
| her
designated agent that the
report has been made. Under no | 6 |
| circumstances shall any person in charge of
such institution, | 7 |
| facility, board and care home, or agency, or his or her
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| designated agent to whom
the notification has been made, | 9 |
| exercise any control, restraint,
modification, or other change | 10 |
| in the report or the forwarding of the report
to an agency | 11 |
| designated to receive such
reports under this Act or
to the | 12 |
| Department. The privileged quality of communication between | 13 |
| any
professional
person required to report
and his or her | 14 |
| patient or client shall not apply to situations involving
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| abused, neglected, or financially exploited eligible adults | 16 |
| and shall not
constitute
grounds for failure to
report
as | 17 |
| required by this Act.
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| (a-7) A person making a report
under this Act in the belief | 19 |
| that it is in the alleged victim's best
interest shall be | 20 |
| immune from criminal or civil liability or professional
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| disciplinary action on account of making the report, | 22 |
| notwithstanding any
requirements concerning the | 23 |
| confidentiality of information with respect to
such eligible | 24 |
| adult which might otherwise be applicable.
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| (a-9) Law enforcement officers
shall continue to report | 26 |
| incidents of alleged abuse pursuant to the
Illinois Domestic |
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| Violence Act of 1986, notwithstanding any requirements
under | 2 |
| this Act.
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| (b) Any person, institution or agency participating in the | 4 |
| making of
a report, providing
information or records related to | 5 |
| a report, assessment, or services, or
participating in the | 6 |
| investigation of a report under
this Act in good faith, or | 7 |
| taking photographs or x-rays as a result of an
authorized | 8 |
| assessment, shall have immunity from any civil, criminal or
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| other liability in any civil, criminal or other proceeding | 10 |
| brought in
consequence of making such report or assessment or | 11 |
| on account of submitting
or otherwise disclosing such | 12 |
| photographs or x-rays to any agency designated
to receive | 13 |
| reports of alleged or suspected abuse or neglect. Any person,
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| institution or agency authorized by the Department to provide | 15 |
| assessment,
intervention, or administrative services under | 16 |
| this Act shall, in the good
faith performance of those | 17 |
| services, have immunity from any civil, criminal
or other | 18 |
| liability in any civil, criminal, or other proceeding brought | 19 |
| as a
consequence of the performance of those services.
For the | 20 |
| purposes of any civil, criminal, or other proceeding, the good | 21 |
| faith
of any person required to report, permitted to report, or | 22 |
| participating in an
investigation of a report of alleged or | 23 |
| suspected abuse, neglect, or
financial exploitation shall be
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| presumed.
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| (c) The identity of a person making a report of alleged or | 26 |
| suspected
abuse or neglect under this Act may be disclosed by |
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| the Department
or other agency provided for in this Act only | 2 |
| with such person's written
consent or by court order.
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| (d) The Department shall by rule establish a system for | 4 |
| filing and
compiling reports made under this Act.
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| (e) Any physician who willfully fails to report as required | 6 |
| by this Act
shall be referred to the Illinois State Medical | 7 |
| Disciplinary Board for action
in accordance with subdivision | 8 |
| (A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | 9 |
| dentist or dental hygienist who willfully fails to report as
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| required by this Act shall be referred to the Department of | 11 |
| Professional
Regulation for action in accordance with | 12 |
| paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | 13 |
| Any optometrist who willfully fails to report as required by | 14 |
| this Act shall be referred to the Department of Financial and | 15 |
| Professional Regulation for action in accordance with | 16 |
| paragraph (15) of subsection (a) of Section 24 of the Illinois | 17 |
| Optometric Practice Act of 1987. Any other mandated reporter | 18 |
| required by
this Act to report suspected abuse, neglect, or | 19 |
| financial exploitation who
willfully fails to report the same | 20 |
| is guilty of a Class A misdemeanor.
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| (f) Notwithstanding any other rulemaking authority that | 22 |
| may exist, neither the Governor nor any agency or agency head | 23 |
| under the jurisdiction of the Governor has any authority to | 24 |
| make or promulgate rules to implement or enforce the provisions | 25 |
| of this amendatory Act of the 95th General Assembly. If, | 26 |
| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of | 2 |
| the 95th General Assembly, the Governor may suggest rules to | 3 |
| the General Assembly by filing them with the Clerk of the House | 4 |
| and Secretary of the Senate and by requesting that the General | 5 |
| Assembly authorize such rulemaking by law, enact those | 6 |
| suggested rules into law, or take any other appropriate action | 7 |
| in the General Assembly's discretion. Nothing contained in this | 8 |
| amendatory Act of the 95th General Assembly shall be | 9 |
| interpreted to grant rulemaking authority under any other | 10 |
| Illinois statute where such authority is not otherwise | 11 |
| explicitly given. For the purposes of this amendatory Act of | 12 |
| the 95th General Assembly, "rules" is given the meaning | 13 |
| contained in Section 1-70 of the Illinois Administrative | 14 |
| Procedure Act, and "agency" and "agency head" are given the | 15 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 16 |
| Administrative Procedure Act to the extent that such | 17 |
| definitions apply to agencies or agency heads under the | 18 |
| jurisdiction of the Governor. | 19 |
| (Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04; | 20 |
| 94-1064, eff. 1-1-07.)
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