Section 340.1440  Abuse and Neglect

a)         An owner, licensee, administrator, employee or agent of a facility shall not abuse or neglect a resident. (Section 2-107 of the Act)

b)         A facility employee or agent who becomes aware of abuse or neglect of a resident shall immediately report the matter to the facility administrator. (Section 3-610 of the Act)

c)         A facility administrator who becomes aware of abuse or neglect of a resident shall immediately report the matter by telephone and in writing to the  resident's representative. (Section 3-610 of the Act)

d)         A facility administrator, employee, or agent who becomes aware of abuse or neglect of a resident shall also report the matter to the Department. (Section 3-610 of the Act)

e)         Employee as perpetrator of abuse.  When an investigation of a report of suspected abuse of a resident indicates, based upon credible evidence, that an employee of a  long-term care facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with residents of the facility, pending the outcome of any further investigation, prosecution or disciplinary action against the employee. (Section 3-611 of the Act)

f)         Resident as perpetrator of abuse.  When an investigation of a report of suspected abuse of a resident indicates, based upon credible evidence, that another resident of the long-term care facility is the perpetrator of the abuse, that resident's condition shall be immediately evaluated to determine the most suitable therapy and placement for the resident, considering the safety of that resident as well as the safety of other residents and employees of the facility. (Section 3-612 of the Act)