95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1552

 

Introduced 2/9/2007, by Sen. Dale E. Risinger

 

SYNOPSIS AS INTRODUCED:
 
320 ILCS 20/4   from Ch. 23, par. 6604

    Amends the Elder Abuse and Neglect Act. Makes a technical change in a Section concerning reports of abuse or neglect


LRB095 10958 DRJ 31257 b

 

 

A BILL FOR

 

SB1552 LRB095 10958 DRJ 31257 b

1     AN ACT concerning aging.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Elder Abuse and Neglect Act is amended by
5 changing Section 4 as follows:
 
6     (320 ILCS 20/4)  (from Ch. 23, par. 6604)
7     Sec. 4. Reports of abuse or neglect.
8     (a) Any person who suspects the the abuse, neglect,
9 financial exploitation, or self-neglect of an eligible adult
10 may report this suspicion to an agency designated to receive
11 such reports under this Act or to the Department.
12     (a-5) If any mandated reporter has reason to believe that
13 an eligible adult, who because of dysfunction is unable to seek
14 assistance for himself or herself, has, within the previous 12
15 months, been subjected to abuse, neglect, or financial
16 exploitation, the mandated reporter shall, within 24 hours
17 after developing such belief, report this suspicion to an
18 agency designated to receive such reports under this Act or to
19 the Department. Whenever a mandated reporter is required to
20 report under this Act in his or her capacity as a member of the
21 staff of a medical or other public or private institution,
22 facility, board and care home, or agency, he or she shall make
23 a report to an agency designated to receive such reports under

 

 

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1 this Act or to the Department in accordance with the provisions
2 of this Act and may also notify the person in charge of the
3 institution, facility, board and care home, or agency or his or
4 her designated agent that the report has been made. Under no
5 circumstances shall any person in charge of such institution,
6 facility, board and care home, or agency, or his or her
7 designated agent to whom the notification has been made,
8 exercise any control, restraint, modification, or other change
9 in the report or the forwarding of the report to an agency
10 designated to receive such reports under this Act or to the
11 Department. The privileged quality of communication between
12 any professional person required to report and his or her
13 patient or client shall not apply to situations involving
14 abused, neglected, or financially exploited eligible adults
15 and shall not constitute grounds for failure to report as
16 required by this Act.
17     (a-7) A person making a report under this Act in the belief
18 that it is in the alleged victim's best interest shall be
19 immune from criminal or civil liability or professional
20 disciplinary action on account of making the report,
21 notwithstanding any requirements concerning the
22 confidentiality of information with respect to such eligible
23 adult which might otherwise be applicable.
24     (a-9) Law enforcement officers shall continue to report
25 incidents of alleged abuse pursuant to the Illinois Domestic
26 Violence Act of 1986, notwithstanding any requirements under

 

 

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1 this Act.
2     (b) Any person, institution or agency participating in the
3 making of a report, providing information or records related to
4 a report, assessment, or services, or participating in the
5 investigation of a report under this Act in good faith, or
6 taking photographs or x-rays as a result of an authorized
7 assessment, shall have immunity from any civil, criminal or
8 other liability in any civil, criminal or other proceeding
9 brought in consequence of making such report or assessment or
10 on account of submitting or otherwise disclosing such
11 photographs or x-rays to any agency designated to receive
12 reports of alleged or suspected abuse or neglect. Any person,
13 institution or agency authorized by the Department to provide
14 assessment, intervention, or administrative services under
15 this Act shall, in the good faith performance of those
16 services, have immunity from any civil, criminal or other
17 liability in any civil, criminal, or other proceeding brought
18 as a consequence of the performance of those services. For the
19 purposes of any civil, criminal, or other proceeding, the good
20 faith of any person required to report, permitted to report, or
21 participating in an investigation of a report of alleged or
22 suspected abuse, neglect, or financial exploitation shall be
23 presumed.
24     (c) The identity of a person making a report of alleged or
25 suspected abuse or neglect under this Act may be disclosed by
26 the Department or other agency provided for in this Act only

 

 

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1 with such person's written consent or by court order.
2     (d) The Department shall by rule establish a system for
3 filing and compiling reports made under this Act.
4     (e) Any physician who willfully fails to report as required
5 by this Act shall be referred to the Illinois State Medical
6 Disciplinary Board for action in accordance with subdivision
7 (A)(22) of Section 22 of the Medical Practice Act of 1987. Any
8 dentist or dental hygienist who willfully fails to report as
9 required by this Act shall be referred to the Department of
10 Professional Regulation for action in accordance with
11 paragraph 19 of Section 23 of the Illinois Dental Practice Act.
12 Any other mandated reporter required by this Act to report
13 suspected abuse, neglect, or financial exploitation who
14 willfully fails to report the same is guilty of a Class A
15 misdemeanor.
16 (Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04;
17 94-1064, eff. 1-1-07.)