100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1704

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
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

 

HB1704LRB100 03154 KTG 13159 b

1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adult Protective Services Act is amended by
5changing 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,
9financial exploitation, or self-neglect of an eligible adult
10may report this suspicion to an agency designated to receive
11such reports under this Act or to the Department.
12    (a-5) If any mandated reporter has reason to believe that
13an eligible adult, who because of a disability or other
14condition or impairment is unable to seek assistance for
15himself or herself, has, within the previous 12 months, been
16subjected to abuse, neglect, or financial exploitation, the
17mandated reporter shall, within 24 hours after developing such
18belief, report this suspicion to an agency designated to
19receive such reports under this Act or to the Department. The
20agency designated to receive such reports under this Act or the
21Department may establish a manner in which a mandated reporter
22can make the required report through an Internet reporting
23tool. Information sent and received through the Internet

 

 

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1reporting tool is subject to the same rules in this Act as
2other types of confidential reporting established by the
3designated agency or the Department. Whenever a mandated
4reporter is required to report under this Act in his or her
5capacity as a member of the staff of a medical or other public
6or private institution, facility, or agency, he or she shall
7make a report to an agency designated to receive such reports
8under this Act or to the Department in accordance with the
9provisions of this Act and may also notify the person in charge
10of the institution, facility, or agency or his or her
11designated agent that the report has been made. Under no
12circumstances shall any person in charge of such institution,
13facility, or agency, or his or her designated agent to whom the
14notification has been made, exercise any control, restraint,
15modification, or other change in the report or the forwarding
16of the report to an agency designated to receive such reports
17under this Act or to the Department. The privileged quality of
18communication between any professional person required to
19report and his or her patient or client shall not apply to
20situations involving abused, neglected, or financially
21exploited eligible adults and shall not constitute grounds for
22failure to report as required by this Act.
23    (a-7) A person making a report under this Act in the belief
24that it is in the alleged victim's best interest shall be
25immune from criminal or civil liability or professional
26disciplinary action on account of making the report,

 

 

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1notwithstanding any requirements concerning the
2confidentiality of information with respect to such eligible
3adult which might otherwise be applicable.
4    (a-9) Law enforcement officers shall continue to report
5incidents of alleged abuse pursuant to the Illinois Domestic
6Violence Act of 1986, notwithstanding any requirements under
7this Act.
8    (b) Any person, institution or agency participating in the
9making of a report, providing information or records related to
10a report, assessment, or services, or participating in the
11investigation of a report under this Act in good faith, or
12taking photographs or x-rays as a result of an authorized
13assessment, shall have immunity from any civil, criminal or
14other liability in any civil, criminal or other proceeding
15brought in consequence of making such report or assessment or
16on account of submitting or otherwise disclosing such
17photographs or x-rays to any agency designated to receive
18reports of alleged or suspected abuse or neglect. Any person,
19institution or agency authorized by the Department to provide
20assessment, intervention, or administrative services under
21this Act shall, in the good faith performance of those
22services, have immunity from any civil, criminal or other
23liability in any civil, criminal, or other proceeding brought
24as a consequence of the performance of those services. For the
25purposes of any civil, criminal, or other proceeding, the good
26faith of any person required to report, permitted to report, or

 

 

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1participating in an investigation of a report of alleged or
2suspected abuse, neglect, financial exploitation, or
3self-neglect shall be presumed.
4    (c) The identity of a person making a report of alleged or
5suspected abuse, neglect, financial exploitation, or
6self-neglect under this Act may be disclosed by the Department
7or other agency provided for in this Act only with such
8person's written consent or by court order, but is otherwise
9confidential.
10    (d) The Department shall by rule establish a system for
11filing and compiling reports made under this Act.
12    (e) Any physician who willfully fails to report as required
13by this Act shall be referred to the Illinois State Medical
14Disciplinary Board for action in accordance with subdivision
15(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
16dentist or dental hygienist who willfully fails to report as
17required by this Act shall be referred to the Department of
18Professional Regulation for action in accordance with
19paragraph 19 of Section 23 of the Illinois Dental Practice Act.
20Any optometrist who willfully fails to report as required by
21this Act shall be referred to the Department of Financial and
22Professional Regulation for action in accordance with
23paragraph (15) of subsection (a) of Section 24 of the Illinois
24Optometric Practice Act of 1987. Any other mandated reporter
25required by this Act to report suspected abuse, neglect, or
26financial exploitation who willfully fails to report the same

 

 

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1is guilty of a Class A misdemeanor.
2(Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13;
398-1039, eff. 8-25-14.)