Rep. Michelle Mussman

Filed: 3/2/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3986

2    AMENDMENT NO. ______. Amend House Bill 3986 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Elder Abuse and Neglect 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 abuse, neglect, financial
9exploitation, or self-neglect of an eligible adult may report
10this suspicion to an agency designated to receive such reports
11under this Act or to the Department.
12    (a-5) If any mandated reporter has reason to believe that
13an eligible adult, who because of dysfunction is unable to seek
14assistance for himself or herself, has, within the previous 12
15months, been subjected to abuse, neglect, or financial
16exploitation, the mandated reporter shall, within 24 hours

 

 

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1after developing such belief, report this suspicion to an
2agency designated to receive such reports under this Act or to
3the Department. The agency designated to receive such reports
4under this Act or the Department may establish a manner in
5which a mandated reporter can make the required report through
6an Internet reporting tool. Information sent and received
7through the Internet reporting tool is subject to the same
8rules in this Act as other types of confidential reporting
9established by the designated agency or the Department.
10Whenever a mandated reporter is required to report under this
11Act in his or her capacity as a member of the staff of a medical
12or other public or private institution, facility, board and
13care home, or agency, he or she shall make a report to an
14agency designated to receive such reports under this Act or to
15the Department in accordance with the provisions of this Act
16and may also notify the person in charge of the institution,
17facility, board and care home, or agency or his or her
18designated agent that the report has been made. Under no
19circumstances shall any person in charge of such institution,
20facility, board and care home, or agency, or his or her
21designated agent to whom the notification has been made,
22exercise any control, restraint, modification, or other change
23in the report or the forwarding of the report to an agency
24designated to receive such reports under this Act or to the
25Department. The privileged quality of communication between
26any professional person required to report and his or her

 

 

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1patient or client shall not apply to situations involving
2abused, neglected, or financially exploited eligible adults
3and shall not constitute grounds for failure to report as
4required by this Act.
5    (a-7) A person making a report under this Act in the belief
6that it is in the alleged victim's best interest shall be
7immune from criminal or civil liability or professional
8disciplinary action on account of making the report,
9notwithstanding any requirements concerning the
10confidentiality of information with respect to such eligible
11adult which might otherwise be applicable.
12    (a-9) Law enforcement officers shall continue to report
13incidents of alleged abuse pursuant to the Illinois Domestic
14Violence Act of 1986, notwithstanding any requirements under
15this Act.
16    (b) Any person, institution or agency participating in the
17making of a report, providing information or records related to
18a report, assessment, or services, or participating in the
19investigation of a report under this Act in good faith, or
20taking photographs or x-rays as a result of an authorized
21assessment, shall have immunity from any civil, criminal or
22other liability in any civil, criminal or other proceeding
23brought in consequence of making such report or assessment or
24on account of submitting or otherwise disclosing such
25photographs or x-rays to any agency designated to receive
26reports of alleged or suspected abuse or neglect. Any person,

 

 

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1institution or agency authorized by the Department to provide
2assessment, intervention, or administrative services under
3this Act shall, in the good faith performance of those
4services, have immunity from any civil, criminal or other
5liability in any civil, criminal, or other proceeding brought
6as a consequence of the performance of those services. For the
7purposes of any civil, criminal, or other proceeding, the good
8faith of any person required to report, permitted to report, or
9participating in an investigation of a report of alleged or
10suspected abuse, neglect, financial exploitation, or
11self-neglect shall be presumed.
12    (c) The identity of a person making a report of alleged or
13suspected abuse, neglect, financial exploitation, or
14self-neglect under this Act may be disclosed by the Department
15or other agency provided for in this Act only with such
16person's written consent or by court order.
17    (d) The Department shall by rule establish a system for
18filing and compiling reports made under this Act.
19    (e) Any physician who willfully fails to report as required
20by this Act shall be referred to the Illinois State Medical
21Disciplinary Board for action in accordance with subdivision
22(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
23dentist or dental hygienist who willfully fails to report as
24required by this Act shall be referred to the Department of
25Professional Regulation for action in accordance with
26paragraph 19 of Section 23 of the Illinois Dental Practice Act.

 

 

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1Any optometrist who willfully fails to report as required by
2this Act shall be referred to the Department of Financial and
3Professional Regulation for action in accordance with
4paragraph (15) of subsection (a) of Section 24 of the Illinois
5Optometric Practice Act of 1987. Any other mandated reporter
6required by this Act to report suspected abuse, neglect, or
7financial exploitation who willfully fails to report the same
8is guilty of a Class A misdemeanor.
9(Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10;
1096-1000, eff. 7-2-10.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".