(210 ILCS 30/4)
(from Ch. 111 1/2, par. 4164)
Any long term care facility administrator, agent or employee
or any physician, hospital, surgeon, dentist, osteopath, chiropractor,
podiatric physician, accredited religious practitioner who provides treatment by spiritual means alone through prayer in accordance with the tenets and practices of the accrediting church, coroner, social worker, social
services administrator, registered nurse, law enforcement officer, field
personnel of the Department of Healthcare and Family Services, field personnel of the
Illinois Department of Public Health and County or Municipal Health
Departments, personnel of the Department of Human Services (acting as the
successor to the Department of Mental Health and Developmental Disabilities
or the Department of Public Aid),
personnel of the Guardianship and Advocacy Commission, personnel of the
State Fire Marshal, local fire department inspectors or other personnel,
or personnel of the Illinois
Department on Aging, or its subsidiary Agencies on Aging, or employee of a
facility licensed under the Assisted Living and Shared Housing
Act, having reasonable
cause to believe any
resident with whom they have direct contact has been subjected to abuse
or neglect shall immediately report or cause a report
to be made
to the Department.
Persons required to make reports or cause reports to
be made under this Section include all employees of the State of Illinois
who are involved in providing services to residents, including
professionals providing medical or rehabilitation services and all other
persons having direct contact with residents; and further include all
employees of community service agencies who provide services to a resident
of a public or private long term care facility outside of that facility.
Any long term care surveyor of the Illinois Department of Public Health
who has reasonable cause to believe in the course of a survey that a
resident has been abused or neglected and initiates an investigation while
on site at the facility shall be exempt from making a report under this
Section but the results of any such investigation shall be forwarded to
the central register in a manner and form described by the Department.
The requirement of this Act shall not relieve any long term care
facility administrator, agent or employee of responsibility to report the
abuse or neglect of a resident under Section 3-610 of the Nursing Home
Care Act or under Section 3-610 of the ID/DD Community Care Act or under Section 3-610 of the MC/DD Act or under Section 2-107 of the Specialized Mental Health Rehabilitation Act of 2013.
In addition to the above persons required to report suspected resident
abuse and neglect, any other person may make a report to the Department,
or to any law enforcement officer, if such person has reasonable cause to
suspect a resident has been abused or neglected.
This Section also applies to residents whose death occurs from suspected
abuse or neglect before being found or brought to a hospital.
A person required to make reports or cause reports to be made under
this Section who fails to comply with the requirements of this Section is
guilty of a Class A misdemeanor.
(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13; 98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)