Full Text of HB3986 97th General Assembly
HB3986 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3986 Introduced 1/18/2012, by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: |
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320 ILCS 20/4 | from Ch. 23, par. 6604 |
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Amends the Elder Abuse and Neglect Act. Provides that the Department on Aging or the agency designated to receive mandated reports of elder abuse, neglect, financial exploitation, or self-neglect shall establish a manner in which a mandated reporter can make a report of elder abuse, neglect, financial exploitation, or self-neglect through a confidential Internet reporting tool. Provides that information sent and received through the confidential Internet reporting tool is subject to the same rules as other types of reporting established by the designated agency or the Department. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning aging.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Elder Abuse and Neglect Act is amended by | 5 | | changing 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 | 9 | | exploitation, or self-neglect of an eligible adult may
report
| 10 | | this suspicion to an agency designated to receive such
reports | 11 | | under this Act or to the Department.
| 12 | | (a-5) If any mandated reporter has reason to believe that | 13 | | an eligible
adult,
who because of dysfunction is unable to seek | 14 | | assistance for himself or herself,
has, within the previous 12 | 15 | | months, been subjected to abuse, neglect, or
financial | 16 | | exploitation, the mandated reporter shall, within 24 hours | 17 | | after
developing
such belief, report this suspicion to an | 18 | | agency designated to receive such
reports under this Act or
to | 19 | | the Department. The agency designated to receive such reports | 20 | | under this Act or the Department shall establish a manner in | 21 | | which a mandated reporter can make the required report through | 22 | | a confidential Internet reporting tool. Information sent and | 23 | | received through the confidential Internet reporting tool is |
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| 1 | | subject to the same rules in this Act as other types of | 2 | | reporting established by the designated agency or the | 3 | | Department. Whenever a mandated reporter
is required to report | 4 | | under this Act in his or her capacity as a member of
the staff | 5 | | of a medical or other public or private institution, facility,
| 6 | | board and care home, or agency, he or she shall make a report
| 7 | | to an agency designated to receive such
reports under this Act | 8 | | or
to the Department in accordance
with the provisions of this | 9 | | Act and may also notify the person in charge of
the | 10 | | institution, facility, board and care home, or agency or his or | 11 | | her
designated agent that the
report has been made. Under no | 12 | | circumstances shall any person in charge of
such institution, | 13 | | facility, board and care home, or agency, or his or her
| 14 | | designated agent to whom
the notification has been made, | 15 | | exercise any control, restraint,
modification, or other change | 16 | | in the report or the forwarding of the report
to an agency | 17 | | designated to receive such
reports under this Act or
to the | 18 | | Department. The privileged quality of communication between | 19 | | any
professional
person required to report
and his or her | 20 | | patient or client shall not apply to situations involving
| 21 | | abused, neglected, or financially exploited eligible adults | 22 | | and shall not
constitute
grounds for failure to
report
as | 23 | | required by this Act.
| 24 | | (a-7) A person making a report
under this Act in the belief | 25 | | that it is in the alleged victim's best
interest shall be | 26 | | immune from criminal or civil liability or professional
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| 1 | | disciplinary action on account of making the report, | 2 | | notwithstanding any
requirements concerning the | 3 | | confidentiality of information with respect to
such eligible | 4 | | adult which might otherwise be applicable.
| 5 | | (a-9) Law enforcement officers
shall continue to report | 6 | | incidents of alleged abuse pursuant to the
Illinois Domestic | 7 | | Violence Act of 1986, notwithstanding any requirements
under | 8 | | this Act.
| 9 | | (b) Any person, institution or agency participating in the | 10 | | making of
a report, providing
information or records related to | 11 | | a report, assessment, or services, or
participating in the | 12 | | investigation of a report under
this Act in good faith, or | 13 | | taking photographs or x-rays as a result of an
authorized | 14 | | assessment, shall have immunity from any civil, criminal or
| 15 | | other liability in any civil, criminal or other proceeding | 16 | | brought in
consequence of making such report or assessment or | 17 | | on account of submitting
or otherwise disclosing such | 18 | | photographs or x-rays to any agency designated
to receive | 19 | | reports of alleged or suspected abuse or neglect. Any person,
| 20 | | institution or agency authorized by the Department to provide | 21 | | assessment,
intervention, or administrative services under | 22 | | this Act shall, in the good
faith performance of those | 23 | | services, have immunity from any civil, criminal
or other | 24 | | liability in any civil, criminal, or other proceeding brought | 25 | | as a
consequence of the performance of those services.
For the | 26 | | purposes of any civil, criminal, or other proceeding, the good |
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| 1 | | faith
of any person required to report, permitted to report, or | 2 | | participating in an
investigation of a report of alleged or | 3 | | suspected abuse, neglect,
financial exploitation, or | 4 | | self-neglect shall be
presumed.
| 5 | | (c) The identity of a person making a report of alleged or | 6 | | suspected
abuse, neglect, financial exploitation, or | 7 | | self-neglect under this Act may be disclosed by the Department
| 8 | | or other agency provided for in this Act only with such | 9 | | person's written
consent or by court order.
| 10 | | (d) The Department shall by rule establish a system for | 11 | | filing and
compiling reports made under this Act.
| 12 | | (e) Any physician who willfully fails to report as required | 13 | | by this Act
shall be referred to the Illinois State Medical | 14 | | Disciplinary Board for action
in accordance with subdivision | 15 | | (A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | 16 | | dentist or dental hygienist who willfully fails to report as
| 17 | | required by this Act shall be referred to the Department of | 18 | | Professional
Regulation for action in accordance with | 19 | | paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | 20 | | Any optometrist who willfully fails to report as required by | 21 | | this Act shall be referred to the Department of Financial and | 22 | | Professional Regulation for action in accordance with | 23 | | paragraph (15) of subsection (a) of Section 24 of the Illinois | 24 | | Optometric Practice Act of 1987. Any other mandated reporter | 25 | | required by
this Act to report suspected abuse, neglect, or | 26 | | financial exploitation who
willfully fails to report the same |
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| 1 | | is guilty of a Class A misdemeanor.
| 2 | | (Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10; | 3 | | 96-1000, eff. 7-2-10.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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