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Public Act 097-0860
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| HB3986 Enrolled | LRB097 14016 KTG 58633 b |
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AN ACT concerning aging.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Elder Abuse and Neglect Act is amended by |
changing Section 4 as follows:
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(320 ILCS 20/4) (from Ch. 23, par. 6604)
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Sec. 4. Reports of abuse or neglect.
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(a) Any person who suspects the abuse,
neglect,
financial |
exploitation, or self-neglect of an eligible adult may
report
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this suspicion to an agency designated to receive such
reports |
under this Act or to the Department.
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(a-5) If any mandated reporter has reason to believe that |
an eligible
adult,
who because of dysfunction is unable to seek |
assistance for himself or herself,
has, within the previous 12 |
months, been subjected to abuse, neglect, or
financial |
exploitation, the mandated reporter shall, within 24 hours |
after
developing
such belief, report this suspicion to an |
agency designated to receive such
reports under this Act or
to |
the Department. The agency designated to receive such reports |
under this Act or the Department may establish a manner in |
which a mandated reporter can make the required report through |
an Internet reporting tool. Information sent and received |
through the Internet reporting tool is subject to the same |
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rules in this Act as other types of confidential reporting |
established by the designated agency or the Department. |
Whenever a mandated reporter
is required to report under this |
Act in his or her capacity as a member of
the staff of a medical |
or other public or private institution, facility,
board and |
care home, or agency, he or she shall make a report
to an |
agency designated to receive such
reports under this Act or
to |
the Department in accordance
with the provisions of this Act |
and may also notify the person in charge of
the institution, |
facility, board and care home, or agency or his or her
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designated agent that the
report has been made. Under no |
circumstances shall any person in charge of
such institution, |
facility, board and care home, or agency, or his or her
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designated agent to whom
the notification has been made, |
exercise any control, restraint,
modification, or other change |
in the report or the forwarding of the report
to an agency |
designated to receive such
reports under this Act or
to the |
Department. The privileged quality of communication between |
any
professional
person required to report
and his or her |
patient or client shall not apply to situations involving
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abused, neglected, or financially exploited eligible adults |
and shall not
constitute
grounds for failure to
report
as |
required by this Act.
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(a-7) A person making a report
under this Act in the belief |
that it is in the alleged victim's best
interest shall be |
immune from criminal or civil liability or professional
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disciplinary action on account of making the report, |
notwithstanding any
requirements concerning the |
confidentiality of information with respect to
such eligible |
adult which might otherwise be applicable.
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(a-9) Law enforcement officers
shall continue to report |
incidents of alleged abuse pursuant to the
Illinois Domestic |
Violence Act of 1986, notwithstanding any requirements
under |
this Act.
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(b) Any person, institution or agency participating in the |
making of
a report, providing
information or records related to |
a report, assessment, or services, or
participating in the |
investigation of a report under
this Act in good faith, or |
taking photographs or x-rays as a result of an
authorized |
assessment, shall have immunity from any civil, criminal or
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other liability in any civil, criminal or other proceeding |
brought in
consequence of making such report or assessment or |
on account of submitting
or otherwise disclosing such |
photographs or x-rays to any agency designated
to receive |
reports of alleged or suspected abuse or neglect. Any person,
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institution or agency authorized by the Department to provide |
assessment,
intervention, or administrative services under |
this Act shall, in the good
faith performance of those |
services, have immunity from any civil, criminal
or other |
liability in any civil, criminal, or other proceeding brought |
as a
consequence of the performance of those services.
For the |
purposes of any civil, criminal, or other proceeding, the good |
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faith
of any person required to report, permitted to report, or |
participating in an
investigation of a report of alleged or |
suspected abuse, neglect,
financial exploitation, or |
self-neglect shall be
presumed.
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(c) The identity of a person making a report of alleged or |
suspected
abuse, neglect, financial exploitation, or |
self-neglect under this Act may be disclosed by the Department
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or other agency provided for in this Act only with such |
person's written
consent or by court order.
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(d) The Department shall by rule establish a system for |
filing and
compiling reports made under this Act.
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(e) Any physician who willfully fails to report as required |
by this Act
shall be referred to the Illinois State Medical |
Disciplinary Board for action
in accordance with subdivision |
(A)(22) of Section 22 of the Medical Practice
Act of 1987. Any |
dentist or dental hygienist who willfully fails to report as
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required by this Act shall be referred to the Department of |
Professional
Regulation for action in accordance with |
paragraph 19 of Section 23 of the
Illinois Dental Practice Act. |
Any optometrist who willfully fails to report as required by |
this Act shall be referred to the Department of Financial and |
Professional Regulation for action in accordance with |
paragraph (15) of subsection (a) of Section 24 of the Illinois |
Optometric Practice Act of 1987. Any other mandated reporter |
required by
this Act to report suspected abuse, neglect, or |
financial exploitation who
willfully fails to report the same |