Illinois General Assembly - Full Text of SB0700
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Full Text of SB0700  102nd General Assembly

SB0700ham001 102ND GENERAL ASSEMBLY

Rep. Katie Stuart

Filed: 5/12/2021

 

 


 

 


 
10200SB0700ham001LRB102 04506 KTG 26470 a

1
AMENDMENT TO SENATE BILL 700

2    AMENDMENT NO. ______. Amend Senate Bill 700 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Adult Protective Services Act is amended
5by changing Section 2 as follows:
 
6    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
7    Sec. 2. Definitions. As used in this Act, unless the
8context requires otherwise:
9    (a) "Abuse" means causing any physical, mental or sexual
10injury to an eligible adult, including exploitation of such
11adult's financial resources.
12    Nothing in this Act shall be construed to mean that an
13eligible adult is a victim of abuse, neglect, or self-neglect
14for the sole reason that he or she is being furnished with or
15relies upon treatment by spiritual means through prayer alone,
16in accordance with the tenets and practices of a recognized

 

 

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1church or religious denomination.
2    Nothing in this Act shall be construed to mean that an
3eligible adult is a victim of abuse because of health care
4services provided or not provided by licensed health care
5professionals.
6    (a-5) "Abuser" means a person who abuses, neglects, or
7financially exploits an eligible adult.
8    (a-6) "Adult with disabilities" means a person aged 18
9through 59 who resides in a domestic living situation and
10whose disability as defined in subsection (c-5) impairs his or
11her ability to seek or obtain protection from abuse, neglect,
12or exploitation.
13    (a-7) "Caregiver" means a person who either as a result of
14a family relationship, voluntarily, or in exchange for
15compensation has assumed responsibility for all or a portion
16of the care of an eligible adult who needs assistance with
17activities of daily living or instrumental activities of daily
18living.
19    (b) "Department" means the Department on Aging of the
20State of Illinois.
21    (c) "Director" means the Director of the Department.
22    (c-5) "Disability" means a physical or mental disability,
23including, but not limited to, a developmental disability, an
24intellectual disability, a mental illness as defined under the
25Mental Health and Developmental Disabilities Code, or dementia
26as defined under the Alzheimer's Disease Assistance Act.

 

 

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1    (d) "Domestic living situation" means a residence where
2the eligible adult at the time of the report lives alone or
3with his or her family or a caregiver, or others, or other
4community-based unlicensed facility, but is not:
5        (1) A licensed facility as defined in Section 1-113 of
6    the Nursing Home Care Act;
7        (1.5) A facility licensed under the ID/DD Community
8    Care Act;
9        (1.6) A facility licensed under the MC/DD Act;
10        (1.7) A facility licensed under the Specialized Mental
11    Health Rehabilitation Act of 2013;
12        (2) A "life care facility" as defined in the Life Care
13    Facilities Act;
14        (3) A home, institution, or other place operated by
15    the federal government or agency thereof or by the State
16    of Illinois;
17        (4) A hospital, sanitarium, or other institution, the
18    principal activity or business of which is the diagnosis,
19    care, and treatment of human illness through the
20    maintenance and operation of organized facilities
21    therefor, which is required to be licensed under the
22    Hospital Licensing Act;
23        (5) A "community living facility" as defined in the
24    Community Living Facilities Licensing Act;
25        (6) (Blank);
26        (7) A "community-integrated living arrangement" as

 

 

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1    defined in the Community-Integrated Living Arrangements
2    Licensure and Certification Act or a "community
3    residential alternative" as licensed under that Act;
4        (8) An assisted living or shared housing establishment
5    as defined in the Assisted Living and Shared Housing Act;
6    or
7        (9) A supportive living facility as described in
8    Section 5-5.01a of the Illinois Public Aid Code.
9    (e) "Eligible adult" means either an adult with
10disabilities aged 18 through 59 or a person aged 60 or older
11who resides in a domestic living situation and is, or is
12alleged to be, abused, neglected, or financially exploited by
13another individual or who neglects himself or herself.
14"Eligible adult" also includes an adult who resides in any of
15the facilities that are excluded from the definition of
16"domestic living situation" under paragraphs (1) through (9)
17of subsection (d), if either: (i) the alleged abuse or neglect
18occurs outside of the facility and not under facility
19supervision and the alleged abuser is a family member,
20caregiver, or another person who has a continuing relationship
21with the adult; or (ii) the alleged financial exploitation is
22perpetrated by a family member, caregiver, or another person
23who has a continuing relationship with the adult, but who is
24not an employee of the facility where the adult resides.
25    (f) "Emergency" means a situation in which an eligible
26adult is living in conditions presenting a risk of death or

 

 

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1physical, mental or sexual injury and the provider agency has
2reason to believe the eligible adult is unable to consent to
3services which would alleviate that risk.
4    (f-1) "Financial exploitation" means the use of an
5eligible adult's resources by another to the disadvantage of
6that adult or the profit or advantage of a person other than
7that adult.
8    (f-3) "Insurance adjuster" means any company adjuster,
9independent adjuster, or public adjuster as defined in
10paragraph (1) of subsection (f) of Section 1575 of the
11Illinois Insurance Code.
12    (f-4) "Investment advisor" means any person required to
13register as an investment adviser or investment adviser
14representative under Section 8 of the Illinois Securities Law
15of 1953, which for purposes of this Act excludes any bank,
16trust company, savings bank, or credit union, or their
17respective employees.
18    (f-5) "Mandated reporter" means any of the following
19persons while engaged in carrying out their professional
20duties:
21        (1) a professional or professional's delegate while
22    engaged in: (i) social services, (ii) law enforcement,
23    (iii) education, (iv) the care of an eligible adult or
24    eligible adults, or (v) any of the occupations required to
25    be licensed under the Clinical Psychologist Licensing Act,
26    the Clinical Social Work and Social Work Practice Act, the

 

 

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1    Illinois Dental Practice Act, the Dietitian Nutritionist
2    Practice Act, the Marriage and Family Therapy Licensing
3    Act, the Medical Practice Act of 1987, the Naprapathic
4    Practice Act, the Nurse Practice Act, the Nursing Home
5    Administrators Licensing and Disciplinary Act, the
6    Illinois Occupational Therapy Practice Act, the Illinois
7    Optometric Practice Act of 1987, the Pharmacy Practice
8    Act, the Illinois Physical Therapy Act, the Physician
9    Assistant Practice Act of 1987, the Podiatric Medical
10    Practice Act of 1987, the Respiratory Care Practice Act,
11    the Professional Counselor and Clinical Professional
12    Counselor Licensing and Practice Act, the Illinois
13    Speech-Language Pathology and Audiology Practice Act, the
14    Veterinary Medicine and Surgery Practice Act of 2004, and
15    the Illinois Public Accounting Act;
16        (1.5) an employee of an entity providing developmental
17    disabilities services or service coordination funded by
18    the Department of Human Services;
19        (2) an employee of a vocational rehabilitation
20    facility prescribed or supervised by the Department of
21    Human Services;
22        (3) an administrator, employee, or person providing
23    services in or through an unlicensed community based
24    facility;
25        (4) any religious practitioner who provides treatment
26    by prayer or spiritual means alone in accordance with the

 

 

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1    tenets and practices of a recognized church or religious
2    denomination, except as to information received in any
3    confession or sacred communication enjoined by the
4    discipline of the religious denomination to be held
5    confidential;
6        (5) field personnel of the Department of Healthcare
7    and Family Services, Department of Public Health, and
8    Department of Human Services, and any county or municipal
9    health department;
10        (6) personnel of the Department of Human Services, the
11    Guardianship and Advocacy Commission, the State Fire
12    Marshal, local fire departments, the Department on Aging
13    and its subsidiary Area Agencies on Aging and provider
14    agencies, excluding the State Long Term Care Ombudsman and
15    all representatives of the State Long Term Care Ombudsman
16    Program; and the Office of State Long Term Care Ombudsman;
17        (7) any employee of the State of Illinois not
18    otherwise specified herein who is involved in providing
19    services to eligible adults, including professionals
20    providing medical or rehabilitation services and all other
21    persons having direct contact with eligible adults;
22        (8) a person who performs the duties of a coroner or
23    medical examiner; or
24        (9) a person who performs the duties of a paramedic or
25    an emergency medical technician; .
26        (10) a person who performs the duties of an investment

 

 

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1    advisor; or
2        (11) a person who performs the duties of an insurance
3    adjuster.
4    (g) "Neglect" means another individual's failure to
5provide an eligible adult with or willful withholding from an
6eligible adult the necessities of life including, but not
7limited to, food, clothing, shelter or health care. This
8subsection does not create any new affirmative duty to provide
9support to eligible adults. Nothing in this Act shall be
10construed to mean that an eligible adult is a victim of neglect
11because of health care services provided or not provided by
12licensed health care professionals.
13    (h) "Provider agency" means any public or nonprofit agency
14in a planning and service area that is selected by the
15Department or appointed by the regional administrative agency
16with prior approval by the Department on Aging to receive and
17assess reports of alleged or suspected abuse, neglect, or
18financial exploitation. A provider agency is also referenced
19as a "designated agency" in this Act.
20    (i) "Regional administrative agency" means any public or
21nonprofit agency in a planning and service area that provides
22regional oversight and performs functions as set forth in
23subsection (b) of Section 3 of this Act. The Department shall
24designate an Area Agency on Aging as the regional
25administrative agency or, in the event the Area Agency on
26Aging in that planning and service area is deemed by the

 

 

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1Department to be unwilling or unable to provide those
2functions, the Department may serve as the regional
3administrative agency or designate another qualified entity to
4serve as the regional administrative agency; any such
5designation shall be subject to terms set forth by the
6Department.
7    (i-5) "Self-neglect" means a condition that is the result
8of an eligible adult's inability, due to physical or mental
9impairments, or both, or a diminished capacity, to perform
10essential self-care tasks that substantially threaten his or
11her own health, including: providing essential food, clothing,
12shelter, and health care; and obtaining goods and services
13necessary to maintain physical health, mental health,
14emotional well-being, and general safety. The term includes
15compulsive hoarding, which is characterized by the acquisition
16and retention of large quantities of items and materials that
17produce an extensively cluttered living space, which
18significantly impairs the performance of essential self-care
19tasks or otherwise substantially threatens life or safety.
20    (j) "Substantiated case" means a reported case of alleged
21or suspected abuse, neglect, financial exploitation, or
22self-neglect in which a provider agency, after assessment,
23determines that there is reason to believe abuse, neglect, or
24financial exploitation has occurred.
25    (k) "Verified" means a determination that there is "clear
26and convincing evidence" that the specific injury or harm

 

 

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1alleged was the result of abuse, neglect, or financial
2exploitation.
3(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".