102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5247

 

Introduced 1/31/2022, by Rep. Keith R. Wheeler

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 160/5
210 ILCS 160/15
210 ILCS 160/30
210 ILCS 160/35

    Amends the Health Care Violence Prevention Act. Removes the term "committed person" and replaces it with "custodial detainee" throughout the Act. Requires health care providers that employ a health care worker to display a notice stating that physical battery (rather than physical assault) will be reported to law enforcement.


LRB102 22805 CPF 31955 b

 

 

A BILL FOR

 

HB5247LRB102 22805 CPF 31955 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Health Care Violence Prevention Act is
5amended by changing Sections 5, 15, 30, and 35 as follows:
 
6    (210 ILCS 160/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Custodial detainee Committed person" means a person who
9is in the custody of or under the control of a custodial
10agency, including, but not limited to, a person who is
11incarcerated, under arrest, detained, or otherwise under the
12physical control of a custodial agency.
13    "Custodial agency" means the Illinois Department of
14Corrections, the Illinois State Police, the sheriff of a
15county, a county jail, a correctional institution, or any
16other State agency, municipality, or unit of local government
17that employs personnel designated as police, peace officers,
18wardens, corrections officers, or guards or that employs
19personnel vested by law with the power to place or maintain a
20person in custody.
21    "Health care provider" means a retail health care
22facility, a hospital subject to the Hospital Licensing Act or
23the University of Illinois Hospital Act, or a veterans home as

 

 

HB5247- 2 -LRB102 22805 CPF 31955 b

1defined in the Department of Veterans' Affairs Act.
2    "Health care worker" means nursing assistants and other
3support personnel, any individual licensed under the laws of
4this State to provide health services, including but not
5limited to: dentists licensed under the Illinois Dental
6Practice Act; dental hygienists licensed under the Illinois
7Dental Practice Act; nurses and advanced practice registered
8nurses licensed under the Nurse Practice Act; occupational
9therapists licensed under the Illinois Occupational Therapy
10Practice Act; optometrists licensed under the Illinois
11Optometric Practice Act of 1987; pharmacists licensed under
12the Pharmacy Practice Act; physical therapists licensed under
13the Illinois Physical Therapy Act; physicians licensed under
14the Medical Practice Act of 1987; physician assistants
15licensed under the Physician Assistant Practice Act of 1987;
16podiatric physicians licensed under the Podiatric Medical
17Practice Act of 1987; clinical psychologists licensed under
18the Clinical Psychologist Licensing Act; clinical social
19workers licensed under the Clinical Social Work and Social
20Work Practice Act; speech-language pathologists and
21audiologists licensed under the Illinois Speech-Language
22Pathology and Audiology Practice Act; or hearing instrument
23dispensers licensed under the Hearing Instrument Consumer
24Protection Act, or any of their successor Acts.
25    "Nurse" means a person who is licensed to practice nursing
26under the Nurse Practice Act.

 

 

HB5247- 3 -LRB102 22805 CPF 31955 b

1    "Retail health care facility" means an institution, place,
2or building, or any portion thereof, that:
3        (1) is devoted to the maintenance and operation of a
4    facility for the performance of health care services and
5    is located within a retail store at a specific location;
6        (2) does not provide surgical services or any form of
7    general anesthesia;
8        (3) does not provide beds or other accommodations for
9    either the long-term or overnight stay of patients; and
10        (4) discharges individual patients in an ambulatory
11    condition without danger to the continued well-being of
12    the patients and transfers non-ambulatory patients to
13    hospitals.
14    "Retail health care facility" does not include hospitals,
15long-term care facilities, ambulatory treatment centers, blood
16banks, clinical laboratories, offices of physicians, advanced
17practice registered nurses, podiatrists, and physician
18assistants, and pharmacies that provide limited health care
19services.
20(Source: P.A. 100-1051, eff. 1-1-19.)
 
21    (210 ILCS 160/15)
22    Sec. 15. Workplace safety.
23    (a) A health care worker who contacts law enforcement or
24files a report with law enforcement against a patient or
25individual because of workplace violence shall provide notice

 

 

HB5247- 4 -LRB102 22805 CPF 31955 b

1to management of the health care provider by which he or she is
2employed within 3 days after contacting law enforcement or
3filing the report.
4    (b) No management of a health care provider may discourage
5a health care worker from exercising his or her right to
6contact law enforcement or file a report with law enforcement
7because of workplace violence.
8    (c) A health care provider that employs a health care
9worker shall display a notice, either by physical or
10electronic means, stating that verbal aggression will not be
11tolerated and physical battery assault will be reported to law
12enforcement.
13    (d) The health care provider shall offer immediate
14post-incident services for a health care worker directly
15involved in a workplace violence incident caused by patients
16or their visitors, including acute treatment and access to
17psychological evaluation.
18(Source: P.A. 102-4, eff. 4-27-21.)
 
19    (210 ILCS 160/30)
20    Sec. 30. Medical care for custodial detainees committed
21persons.
22    (a) If a custodial detainee committed person receives
23medical care and treatment at a place other than an
24institution or facility of the Department of Corrections, a
25county, or a municipality, then the institution or facility

 

 

HB5247- 5 -LRB102 22805 CPF 31955 b

1shall:
2        (1) to the greatest extent practicable, notify the
3    hospital or medical facility that is treating the
4    custodial detainee committed person prior to the custodial
5    detainee's committed person's visit and notify the
6    hospital or medical facility of any significant medical,
7    mental health, recent violent actions, or other safety
8    concerns regarding the patient;
9        (2) to the greatest extent practicable, ensure the
10    transferred custodial detainee committed person is
11    accompanied by the most comprehensive medical records
12    possible;
13        (3) provide at least one guard trained in custodial
14    escort and custody of high-risk custodial detainees
15    committed persons to accompany any custodial detainee
16    committed person. The custodial agency shall attest to
17    such training for custodial escort and custody of
18    high-risk custodial detainees committed persons through:
19    (A) the training of the Department of Corrections,
20    Department of Juvenile Justice, or Illinois State Police;
21    (B) law enforcement training that is substantially
22    equivalent to the training of the Department of
23    Corrections, Department of Juvenile Justice, or Illinois
24    State Police; or (C) the training described in Section 35.
25    Under no circumstances may leg irons or shackles or waist
26    shackles be used on any pregnant female prisoner who is in

 

 

HB5247- 6 -LRB102 22805 CPF 31955 b

1    labor. In addition, restraint of a pregnant female
2    prisoner in the custody of the Cook County shall comply
3    with Section 3-15003.6 of the Counties Code. Additionally,
4    restraints shall not be used on a custodial detainee
5    committed person if medical personnel determine that the
6    restraints would impede medical treatment; and
7        (4) ensure that only medical personnel, Department of
8    Corrections, county, or municipality personnel, and
9    visitors on the custodial detainee's committed person's
10    approved institutional visitors list may visit the
11    custodial detainee committed person. Visitation by a
12    person on the custodial detainee's committed person's
13    approved institutional visitors list shall be subject to
14    the rules and procedures of the hospital or medical
15    facility and the Department of Corrections, county, or
16    municipality. In any situation in which a custodial
17    detainee committed person is being visited:
18            (A) the name of the visitor must be listed per the
19        facility's or institution's documentation;
20            (B) the visitor shall submit to the search of his
21        or her person or any personal property under his or her
22        control at any time; and
23            (C) the custodial agency may deny the custodial
24        detainee committed person access to a telephone or
25        limit the number of visitors the custodial detainee
26        committed person may receive for purposes of safety.

 

 

HB5247- 7 -LRB102 22805 CPF 31955 b

1    If a custodial detainee committed person receives medical
2care and treatment at a place other than an institution or
3facility of the Department of Corrections, county, or
4municipality, then the custodial agency shall ensure that the
5custodial detainee committed person is wearing security
6restraints in accordance with the custodial agency's rules and
7procedures if the custodial agency determines that restraints
8are necessary for the following reasons: (i) to prevent
9physical harm to the custodial detainee committed person or
10another person; (ii) because the custodial detainee committed
11person has a history of disruptive behavior that has placed
12others in potentially harmful situations or presents a
13substantial risk of inflicting physical harm on himself or
14herself or others as evidenced by recent behavior; or (iii)
15there is a well-founded belief that the custodial detainee
16committed person presents a substantial risk of flight. Under
17no circumstances may leg irons or shackles or waist shackles
18be used on any pregnant female prisoner who is in labor. In
19addition, restraint of a pregnant female prisoner in the
20custody of the Cook County shall comply with Section 3-15003.6
21of the Counties Code.
22    The hospital or medical facility may establish protocols
23for the receipt of custodial detainees committed persons in
24collaboration with the Department of Corrections, county, or
25municipality, specifically with regard to potentially violent
26persons.

 

 

HB5247- 8 -LRB102 22805 CPF 31955 b

1    (b) If a custodial detainee committed person receives
2medical care and treatment at a place other than an
3institution or facility of the Department of Juvenile Justice,
4then the institution or facility shall:
5        (1) to the greatest extent practicable, notify the
6    hospital or medical facility that is treating the
7    custodial detainee committed person prior to the custodial
8    detainee's committed person's visit, and notify the
9    hospital or medical facility of any significant medical,
10    mental health, recent violent actions, or other safety
11    concerns regarding the patient;
12        (2) to the greatest extent practicable, ensure the
13    transferred custodial detainee committed person is
14    accompanied by the most comprehensive medical records
15    possible;
16        (3) provide: (A) at least one guard trained in
17    custodial escort and custody of high-risk custodial
18    detainees committed persons to accompany any custodial
19    detainee committed person. The custodial agency shall
20    attest to such training for custodial escort and custody
21    of high-risk custodial detainees committed persons
22    through: (i) the training of the Department of
23    Corrections, Department of Juvenile Justice, or Illinois
24    State Police, (ii) law enforcement training that is
25    substantially equivalent to the training of the Department
26    of Corrections, Department of Juvenile Justice, or

 

 

HB5247- 9 -LRB102 22805 CPF 31955 b

1    Illinois State Police, or (iii) the training described in
2    Section 35; or (B) 2 guards to accompany the custodial
3    detainee committed person at all times during the visit to
4    the hospital or medical facility; and
5        (4) ensure that only medical personnel, Department of
6    Juvenile Justice personnel, and visitors on the custodial
7    detainee's committed person's approved institutional
8    visitors list may visit the custodial detainee committed
9    person. Visitation by a person on the custodial detainee's
10    committed person's approved institutional visitors list
11    shall be subject to the rules and procedures of the
12    hospital or medical facility and the Department of
13    Juvenile Justice. In any situation in which a custodial
14    detainee committed person is being visited:
15            (A) the name of the visitor must be listed per the
16        facility's or institution's documentation;
17            (B) the visitor shall submit to the search of his
18        or her person or any personal property under his or her
19        control at any time; and
20            (C) the custodial agency may deny the custodial
21        detainee committed person access to a telephone or
22        limit the number of visitors the custodial detainee
23        committed person may receive for purposes of safety.
24    If a custodial detainee committed person receives medical
25care and treatment at a place other than an institution or
26facility of the Department of Juvenile Justice, then the

 

 

HB5247- 10 -LRB102 22805 CPF 31955 b

1Department of Juvenile Justice shall ensure that the custodial
2detainee committed person is wearing security restraints on
3either his or her wrists or ankles in accordance with the rules
4and procedures of the Department of Juvenile Justice if the
5Department of Juvenile Justice determines that restraints are
6necessary for the following reasons: (i) to prevent physical
7harm to the custodial detainee committed person or another
8person; (ii) because the custodial detainee committed person
9has a history of disruptive behavior that has placed others in
10potentially harmful situations or presents a substantial risk
11of inflicting physical harm on himself or herself or others as
12evidenced by recent behavior; or (iii) there is a well-founded
13belief that the custodial detainee committed person presents a
14substantial risk of flight. Any restraints used on a custodial
15detainee committed person under this paragraph shall be the
16least restrictive restraints necessary to prevent flight or
17physical harm to the custodial detainee committed person or
18another person. Restraints shall not be used on the custodial
19detainee committed person as provided in this paragraph if
20medical personnel determine that the restraints would impede
21medical treatment. Under no circumstances may leg irons or
22shackles or waist shackles be used on any pregnant female
23prisoner who is in labor. In addition, restraint of a pregnant
24female prisoner in the custody of the Cook County shall comply
25with Section 3-15003.6 of the Counties Code.
26    The hospital or medical facility may establish protocols

 

 

HB5247- 11 -LRB102 22805 CPF 31955 b

1for the receipt of custodial detainees committed persons in
2collaboration with the Department of Juvenile Justice,
3specifically with regard to persons recently exhibiting
4violence.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    (210 ILCS 160/35)
7    Sec. 35. Custodial agency training. The Illinois Law
8Enforcement Training Standards Board shall establish a
9curriculum for custodial escort and custody of high-risk
10custodial detainees committed persons certification, which
11shall include, but not be limited to, the following:
12        (1) handcuffing or shackling of a high-risk custodial
13    detainee committed person;
14        (2) mobile transportation of a custodial detainee
15    committed person with defense from the custodial
16    detainee's committed person's attack;
17        (3) outside facility threat assessment;
18        (4) hands-on weapons retention training; and
19        (5) custodial considerations for a high-risk custodial
20    detainee committed person in outside facilities.
21(Source: P.A. 100-1051, eff. 1-1-19.)