(210 ILCS 86/35)
(a) A hospital covered by this Act shall not penalize, discriminate, or
retaliate in any
manner against an employee with respect to compensation or the terms,
privileges of employment who in good faith, individually or in conjunction with
person or persons, does any of the following or intimidate, threaten, or
employee to prevent him or her from doing any of the following:
(1) Discloses to the nursing staff supervisor or
manager, a private accreditation organization, the nurse's collective bargaining agent, or a regulatory agency any activity, policy, or practice of a hospital that violates this Act or any other law or rule or that the employee reasonably believes poses a risk to the health, safety, or welfare of a patient or the public.
(2) Initiates, cooperates, or otherwise participates
in an investigation or proceeding brought by a regulatory agency or private accreditation body concerning matters covered by this Act or any other law or rule or that the employee reasonably believes poses a risk to the health, safety, or welfare of a patient or the public.
(3) Objects to or refuses to participate in any
activity, policy, or practice of a hospital that violates this Act or any law or rule of the Department or that a reasonable person would believe poses a risk to the health, safety, or welfare of a patient or the public.
(4) Participates in a committee or peer review
process or files a report or complaint that discusses allegation of unsafe, dangerous, or potentially dangerous care within the hospital.
(b) For the purposes of this Section, an employee is presumed to act in good
faith if the
employee reasonably believes that (i) the information reported or disclosed is
(ii) a violation has occurred or may occur. An employee is not acting in good
under this Section if the employee's report or action was based on information
employee should reasonably know is false or misleading. The protection of this
Section shall also not apply to an employee unless the employee gives written
to a hospital manager of the activity, policy, practice, or violation that the
believes poses a risk to the health of a patient or the public and provides the
reasonable opportunity to correct the problem. The manager shall respond in
to the employee within 7 days acknowledging that the notice was received and
notice of any action taken within a reasonable time of receiving the employee's
This notice requirement shall not apply if the employee is reasonably certain
activity, policy, practice, or violation: (i) is known by one or more hospital
who have had an opportunity to correct the problem and have not done so; (ii)
the commission of a crime; or (iii) places patient health or safety in severe
immediate danger. The notice requirement shall not apply if the employee is
participating in a survey, investigation, or other activity of a regulatory
enforcement agency, or private accreditation body that was not initiated by the
employee. Nothing in this Section prohibits a hospital from training,
correcting, or otherwise taking action to improve the performance of employees
report that they are unable or unwilling to perform an assigned task.
(Source: P.A. 93-563, eff. 1-1-04.)