Illinois General Assembly - Full Text of Public Act 100-0641
Illinois General Assembly

Previous General Assemblies

Public Act 100-0641


 

Public Act 0641 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0641
 
HB4847 EnrolledLRB100 17485 KTG 32654 b

    AN ACT concerning aging.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Adult Protective Services Act is amended by
changing Section 2 as follows:
 
    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
    Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
    (a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
    Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-neglect
for the sole reason that he or she is being furnished with or
relies upon treatment by spiritual means through prayer alone,
in accordance with the tenets and practices of a recognized
church or religious denomination.
    Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
    (a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
    (a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and whose
disability as defined in subsection (c-5) impairs his or her
ability to seek or obtain protection from abuse, neglect, or
exploitation.
    (a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion of
the care of an eligible adult who needs assistance with
activities of daily living or instrumental activities of daily
living.
    (b) "Department" means the Department on Aging of the State
of Illinois.
    (c) "Director" means the Director of the Department.
    (c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.
    (d) "Domestic living situation" means a residence where the
eligible adult at the time of the report lives alone or with
his or her family or a caregiver, or others, or other
community-based unlicensed facility, but is not:
        (1) A licensed facility as defined in Section 1-113 of
    the Nursing Home Care Act;
        (1.5) A facility licensed under the ID/DD Community
    Care Act;
        (1.6) A facility licensed under the MC/DD Act;
        (1.7) A facility licensed under the Specialized Mental
    Health Rehabilitation Act of 2013;
        (2) A "life care facility" as defined in the Life Care
    Facilities Act;
        (3) A home, institution, or other place operated by the
    federal government or agency thereof or by the State of
    Illinois;
        (4) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness through the
    maintenance and operation of organized facilities
    therefor, which is required to be licensed under the
    Hospital Licensing Act;
        (5) A "community living facility" as defined in the
    Community Living Facilities Licensing Act;
        (6) (Blank);
        (7) A "community-integrated living arrangement" as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act or a "community
    residential alternative" as licensed under that Act;
        (8) An assisted living or shared housing establishment
    as defined in the Assisted Living and Shared Housing Act;
    or
        (9) A supportive living facility as described in
    Section 5-5.01a of the Illinois Public Aid Code.
    (e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, neglected, or financially exploited by
another individual or who neglects himself or herself.
"Eligible adult" also includes an adult who resides in any of
the facilities that are excluded from the definition of
"domestic living situation" under paragraphs (1) through (9) of
subsection (d), if either: (i) the alleged abuse or neglect
occurs outside of the facility and not under facility
supervision and the alleged abuser is a family member,
caregiver, or another person who has a continuing relationship
with the adult; or (ii) the alleged financial exploitation is
perpetrated by a family member, caregiver, or another person
who has a continuing relationship with the adult, but who is
not an employee of the facility where the adult resides.
    (f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
    (f-1) "Financial exploitation" means the use of an eligible
adult's resources by another to the disadvantage of that adult
or the profit or advantage of a person other than that adult.
    (f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
        (1) a professional or professional's delegate while
    engaged in: (i) social services, (ii) law enforcement,
    (iii) education, (iv) the care of an eligible adult or
    eligible adults, or (v) any of the occupations required to
    be licensed under the Clinical Psychologist Licensing Act,
    the Clinical Social Work and Social Work Practice Act, the
    Illinois Dental Practice Act, the Dietitian Nutritionist
    Practice Act, the Marriage and Family Therapy Licensing
    Act, the Medical Practice Act of 1987, the Naprapathic
    Practice Act, the Nurse Practice Act, the Nursing Home
    Administrators Licensing and Disciplinary Act, the
    Illinois Occupational Therapy Practice Act, the Illinois
    Optometric Practice Act of 1987, the Pharmacy Practice Act,
    the Illinois Physical Therapy Act, the Physician Assistant
    Practice Act of 1987, the Podiatric Medical Practice Act of
    1987, the Respiratory Care Practice Act, the Professional
    Counselor and Clinical Professional Counselor Licensing
    and Practice Act, the Illinois Speech-Language Pathology
    and Audiology Practice Act, the Veterinary Medicine and
    Surgery Practice Act of 2004, and the Illinois Public
    Accounting Act;
        (1.5) an employee of an entity providing developmental
    disabilities services or service coordination funded by
    the Department of Human Services;
        (2) an employee of a vocational rehabilitation
    facility prescribed or supervised by the Department of
    Human Services;
        (3) an administrator, employee, or person providing
    services in or through an unlicensed community based
    facility;
        (4) any religious practitioner who provides treatment
    by prayer or spiritual means alone in accordance with the
    tenets and practices of a recognized church or religious
    denomination, except as to information received in any
    confession or sacred communication enjoined by the
    discipline of the religious denomination to be held
    confidential;
        (5) field personnel of the Department of Healthcare and
    Family Services, Department of Public Health, and
    Department of Human Services, and any county or municipal
    health department;
        (6) personnel of the Department of Human Services, the
    Guardianship and Advocacy Commission, the State Fire
    Marshal, local fire departments, the Department on Aging
    and its subsidiary Area Agencies on Aging and provider
    agencies, and the Office of State Long Term Care Ombudsman;
        (7) any employee of the State of Illinois not otherwise
    specified herein who is involved in providing services to
    eligible adults, including professionals providing medical
    or rehabilitation services and all other persons having
    direct contact with eligible adults;
        (8) a person who performs the duties of a coroner or
    medical examiner; or
        (9) a person who performs the duties of a paramedic or
    an emergency medical technician.
    (g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
    (h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, neglect, or
financial exploitation. A provider agency is also referenced as
a "designated agency" in this Act.
    (i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall
designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on Aging
in that planning and service area is deemed by the Department
to be unwilling or unable to provide those functions, the
Department may serve as the regional administrative agency or
designate another qualified entity to serve as the regional
administrative agency; any such designation shall be subject to
terms set forth by the Department.
    (i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
    (j) "Substantiated case" means a reported case of alleged
or suspected abuse, neglect, financial exploitation, or
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
    (k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, neglect, or financial
exploitation.
(Source: P.A. 98-49, eff. 7-1-13; 98-104, eff. 7-22-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 99-180, eff. 7-29-15.)

Effective Date: 1/1/2019