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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0121 Introduced 1/28/2015, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
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| 320 ILCS 20/4 | from Ch. 23, par. 6604 |
| Amends the Adult Protective Services 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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| | SB0121 | | LRB099 03270 KTG 23278 b |
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| 1 | | AN ACT concerning aging.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Adult Protective Services Act is amended by |
| 5 | | changing Section 4 as follows:
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| 6 | | (320 ILCS 20/4) (from Ch. 23, par. 6604)
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| 7 | | Sec. 4. Reports of abuse or neglect.
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| 8 | | (a) Any person who suspects the
the abuse,
neglect,
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| 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 a disability or other |
| 14 | | condition or impairment is unable to seek assistance for |
| 15 | | himself or herself,
has, within the previous 12 months, been |
| 16 | | subjected to abuse, neglect, or
financial exploitation, the |
| 17 | | mandated reporter shall, within 24 hours after
developing
such |
| 18 | | belief, report this suspicion to an agency designated to |
| 19 | | receive such
reports under this Act or
to the Department. The |
| 20 | | agency designated to receive such reports under this Act or the |
| 21 | | Department may establish a manner in which a mandated reporter |
| 22 | | can make the required report through an Internet reporting |
| 23 | | tool. Information sent and received through the Internet |
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| 1 | | reporting tool is subject to the same rules in this Act as |
| 2 | | other types of confidential reporting established by the |
| 3 | | designated agency or the Department. Whenever a mandated |
| 4 | | reporter
is required to report under this Act in his or her |
| 5 | | capacity as a member of
the staff of a medical or other public |
| 6 | | or private institution, facility,
or agency, he or she shall |
| 7 | | make a report
to an agency designated to receive such
reports |
| 8 | | under this Act or
to the Department in accordance
with the |
| 9 | | provisions of this Act and may also notify the person in charge |
| 10 | | of
the institution, facility, or agency or his or her
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| 11 | | designated agent that the
report has been made. Under no |
| 12 | | circumstances shall any person in charge of
such institution, |
| 13 | | facility, or agency, or his or her
designated agent to whom
the |
| 14 | | notification has been made, exercise any control, restraint,
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| 15 | | modification, or other change in the report or the forwarding |
| 16 | | of the report
to an agency designated to receive such
reports |
| 17 | | under this Act or
to the Department. The privileged quality of |
| 18 | | communication between any
professional
person required to |
| 19 | | report
and his or her patient or client shall not apply to |
| 20 | | situations involving
abused, neglected, or financially |
| 21 | | exploited eligible adults and shall not
constitute
grounds for |
| 22 | | failure to
report
as required by this Act.
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| 23 | | (a-7) A person making a report
under this Act in the belief |
| 24 | | that it is in the alleged victim's best
interest shall be |
| 25 | | immune from criminal or civil liability or professional
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| 26 | | disciplinary action on account of making the report, |
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| 1 | | notwithstanding any
requirements concerning the |
| 2 | | confidentiality of information with respect to
such eligible |
| 3 | | adult which might otherwise be applicable.
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| 4 | | (a-9) Law enforcement officers
shall continue to report |
| 5 | | incidents of alleged abuse pursuant to the
Illinois Domestic |
| 6 | | Violence Act of 1986, notwithstanding any requirements
under |
| 7 | | this Act.
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| 8 | | (b) Any person, institution or agency participating in the |
| 9 | | making of
a report, providing
information or records related to |
| 10 | | a report, assessment, or services, or
participating in the |
| 11 | | investigation of a report under
this Act in good faith, or |
| 12 | | taking photographs or x-rays as a result of an
authorized |
| 13 | | assessment, shall have immunity from any civil, criminal or
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| 14 | | other liability in any civil, criminal or other proceeding |
| 15 | | brought in
consequence of making such report or assessment or |
| 16 | | on account of submitting
or otherwise disclosing such |
| 17 | | photographs or x-rays to any agency designated
to receive |
| 18 | | reports of alleged or suspected abuse or neglect. Any person,
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| 19 | | institution or agency authorized by the Department to provide |
| 20 | | assessment,
intervention, or administrative services under |
| 21 | | this Act shall, in the good
faith performance of those |
| 22 | | services, have immunity from any civil, criminal
or other |
| 23 | | liability in any civil, criminal, or other proceeding brought |
| 24 | | as a
consequence of the performance of those services.
For the |
| 25 | | purposes of any civil, criminal, or other proceeding, the good |
| 26 | | faith
of any person required to report, permitted to report, or |
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| 1 | | participating in an
investigation of a report of alleged or |
| 2 | | suspected abuse, neglect,
financial exploitation, or |
| 3 | | self-neglect shall be
presumed.
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| 4 | | (c) The identity of a person making a report of alleged or |
| 5 | | suspected
abuse, neglect, financial exploitation, or |
| 6 | | self-neglect under this Act may be disclosed by the Department
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| 7 | | or other agency provided for in this Act only with such |
| 8 | | person's written
consent or by court order, but is otherwise |
| 9 | | confidential.
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| 10 | | (d) The Department shall by rule establish a system for |
| 11 | | filing and
compiling reports made under this Act.
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| 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
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| 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 |