HB3786 EngrossedLRB102 12065 RLC 17402 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 3-210 as
6follows:
 
7    (405 ILCS 5/3-210)  (from Ch. 91 1/2, par. 3-210)
8    Sec. 3-210. Employee as perpetrator of abuse. When an
9initial investigation of a reported allegation of abuse,
10neglect or financial exploitation of a recipient of services
11indicates, based upon credible evidence, that an employee of a
12mental health or developmental disability facility is the
13perpetrator of the abuse, that employee shall immediately be
14barred from any further contact with recipients of services of
15the facility. An employee barred from contact with recipients
16of services shall remain barred:
17        (1) pending the outcome of any further investigation,
18    prosecution or disciplinary action against the employee;
19    or
20        (2) until the Department of Human Services Office of
21    Inspector General independently determines that the
22    allegation or allegations against the employee will be
23    unsubstantiated or unfounded in the Office of Inspector

 

 

HB3786 Engrossed- 2 -LRB102 12065 RLC 17402 b

1    General's final investigative report.
2    For the purposes of this Section, "credible evidence" is
3any evidence that relates to the allegation or incident and
4that is considered believable and reliable. When an
5investigation of a report of suspected abuse of a recipient of
6services indicates, based upon credible evidence, that an
7employee of a mental health or developmental disability
8facility is the perpetrator of the abuse, that employee shall
9immediately be barred from any further contact with recipients
10of services of the facility, pending the outcome of any
11further investigation, prosecution or disciplinary action
12against the employee.
13(Source: P.A. 86-1013.)