Illinois General Assembly - Full Text of SB0855
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Full Text of SB0855  103rd General Assembly




SB0855 EnrolledLRB103 03314 RPS 48320 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. This Act may be referred to as the Residential
5Facility Safety and Support Act.
6    Section 5. The Department of Human Services Act is amended
7by changing Section 1-17 as follows:
8    (20 ILCS 1305/1-17)
9    Sec. 1-17. Inspector General.
10    (a) Nature and purpose. It is the express intent of the
11General Assembly to ensure the health, safety, and financial
12condition of individuals receiving services in this State due
13to mental illness, developmental disability, or both by
14protecting those persons from acts of abuse, neglect, or both
15by service providers. To that end, the Office of the Inspector
16General for the Department of Human Services is created to
17investigate and report upon allegations of the abuse, neglect,
18or financial exploitation of individuals receiving services
19within mental health facilities, developmental disabilities
20facilities, and community agencies operated, licensed, funded,
21or certified by the Department of Human Services, but not
22licensed or certified by any other State agency.



SB0855 Enrolled- 2 -LRB103 03314 RPS 48320 b

1    (b) Definitions. The following definitions apply to this
3    "Agency" or "community agency" means (i) a community
4agency licensed, funded, or certified by the Department, but
5not licensed or certified by any other human services agency
6of the State, to provide mental health service or
7developmental disabilities service, or (ii) a program
8licensed, funded, or certified by the Department, but not
9licensed or certified by any other human services agency of
10the State, to provide mental health service or developmental
11disabilities service.
12    "Aggravating circumstance" means a factor that is
13attendant to a finding and that tends to compound or increase
14the culpability of the accused.
15    "Allegation" means an assertion, complaint, suspicion, or
16incident involving any of the following conduct by an
17employee, facility, or agency against an individual or
18individuals: mental abuse, physical abuse, sexual abuse,
19neglect, or financial exploitation.
20    "Day" means working day, unless otherwise specified.
21    "Deflection" means a situation in which an individual is
22presented for admission to a facility or agency, and the
23facility staff or agency staff do not admit the individual.
24"Deflection" includes triage, redirection, and denial of
26    "Department" means the Department of Human Services.



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1    "Developmental disability" means "developmental
2disability" as defined in the Mental Health and Developmental
3Disabilities Code.
4    "Egregious neglect" means a finding of neglect as
5determined by the Inspector General that (i) represents a
6gross failure to adequately provide for, or a callused
7indifference to, the health, safety, or medical needs of an
8individual and (ii) results in an individual's death or other
9serious deterioration of an individual's physical condition or
10mental condition.
11    "Employee" means any person who provides services at the
12facility or agency on-site or off-site. The service
13relationship can be with the individual or with the facility
14or agency. Also, "employee" includes any employee or
15contractual agent of the Department of Human Services or the
16community agency involved in providing or monitoring or
17administering mental health or developmental disability
18services. This includes but is not limited to: owners,
19operators, payroll personnel, contractors, subcontractors, and
21    "Facility" or "State-operated facility" means a mental
22health facility or developmental disabilities facility
23operated by the Department.
24    "Financial exploitation" means taking unjust advantage of
25an individual's assets, property, or financial resources
26through deception, intimidation, or conversion for the



SB0855 Enrolled- 4 -LRB103 03314 RPS 48320 b

1employee's, facility's, or agency's own advantage or benefit.
2    "Finding" means the Office of Inspector General's
3determination regarding whether an allegation is
4substantiated, unsubstantiated, or unfounded.
5    "Health Care Worker Registry" or "Registry" means the
6Health Care Worker Registry under the Health Care Worker
7Background Check Act.
8    "Individual" means any person receiving mental health
9service, developmental disabilities service, or both from a
10facility or agency, while either on-site or off-site.
11    "Material obstruction of an investigation" means the
12purposeful interference with an investigation of physical
13abuse, sexual abuse, mental abuse, neglect, or financial
14exploitation and includes, but is not limited to, the
15withholding or altering of documentation or recorded evidence;
16influencing, threatening, or impeding witness testimony;
17presenting untruthful information during an interview; failing
18to cooperate with an investigation conducted by the Office of
19the Inspector General. If an employee, following a criminal
20investigation of physical abuse, sexual abuse, mental abuse,
21neglect, or financial exploitation, is convicted of an offense
22that is factually predicated on the employee presenting
23untruthful information during the course of the investigation,
24that offense constitutes obstruction of an investigation.
25Obstruction of an investigation does not include: an
26employee's lawful exercising of his or her constitutional



SB0855 Enrolled- 5 -LRB103 03314 RPS 48320 b

1right against self-incrimination, an employee invoking his or
2her lawful rights to union representation as provided by a
3collective bargaining agreement or the Illinois Public Labor
4Relations Act, or a union representative's lawful activities
5providing representation under a collective bargaining
6agreement or the Illinois Public Labor Relations Act.
7Obstruction of an investigation is considered material when it
8could significantly impair an investigator's ability to gather
9all relevant facts. An employee shall not be placed on the
10Health Care Worker Registry for presenting untruthful
11information during an interview conducted by the Office of the
12Inspector General, unless, prior to the interview, the
13employee was provided with any previous signed statements he
14or she made during the course of the investigation.
15    "Mental abuse" means the use of demeaning, intimidating,
16or threatening words, signs, gestures, or other actions by an
17employee about an individual and in the presence of an
18individual or individuals that results in emotional distress
19or maladaptive behavior, or could have resulted in emotional
20distress or maladaptive behavior, for any individual present.
21    "Mental illness" means "mental illness" as defined in the
22Mental Health and Developmental Disabilities Code.
23    "Mentally ill" means having a mental illness.
24    "Mitigating circumstance" means a condition that (i) is
25attendant to a finding, (ii) does not excuse or justify the
26conduct in question, but (iii) may be considered in evaluating



SB0855 Enrolled- 6 -LRB103 03314 RPS 48320 b

1the severity of the conduct, the culpability of the accused,
2or both the severity of the conduct and the culpability of the
4    "Neglect" means an employee's, agency's, or facility's
5failure to provide adequate medical care, personal care, or
6maintenance and that, as a consequence, (i) causes an
7individual pain, injury, or emotional distress, (ii) results
8in either an individual's maladaptive behavior or the
9deterioration of an individual's physical condition or mental
10condition, or (iii) places the individual's health or safety
11at substantial risk.
12    "Person with a developmental disability" means a person
13having a developmental disability.
14    "Physical abuse" means an employee's non-accidental and
15inappropriate contact with an individual that causes bodily
16harm. "Physical abuse" includes actions that cause bodily harm
17as a result of an employee directing an individual or person to
18physically abuse another individual.
19    "Presenting untruthful information" means making a false
20statement, material to an investigation of physical abuse,
21sexual abuse, mental abuse, neglect, or financial
22exploitation, knowing the statement is false.
23    "Recommendation" means an admonition, separate from a
24finding, that requires action by the facility, agency, or
25Department to correct a systemic issue, problem, or deficiency
26identified during an investigation.



SB0855 Enrolled- 7 -LRB103 03314 RPS 48320 b

1    "Required reporter" means any employee who suspects,
2witnesses, or is informed of an allegation of any one or more
3of the following: mental abuse, physical abuse, sexual abuse,
4neglect, or financial exploitation.
5    "Secretary" means the Chief Administrative Officer of the
7    "Sexual abuse" means any sexual contact or intimate
8physical contact between an employee and an individual,
9including an employee's coercion or encouragement of an
10individual to engage in sexual behavior that results in sexual
11contact, intimate physical contact, sexual behavior, or
12intimate physical behavior. Sexual abuse also includes (i) an
13employee's actions that result in the sending or showing of
14sexually explicit images to an individual via computer,
15cellular phone, electronic mail, portable electronic device,
16or other media with or without contact with the individual or
17(ii) an employee's posting of sexually explicit images of an
18individual online or elsewhere whether or not there is contact
19with the individual.
20    "Sexually explicit images" includes, but is not limited
21to, any material which depicts nudity, sexual conduct, or
22sado-masochistic abuse, or which contains explicit and
23detailed verbal descriptions or narrative accounts of sexual
24excitement, sexual conduct, or sado-masochistic abuse.
25    "Substantiated" means there is a preponderance of the
26evidence to support the allegation.



SB0855 Enrolled- 8 -LRB103 03314 RPS 48320 b

1    "Unfounded" means there is no credible evidence to support
2the allegation.
3    "Unsubstantiated" means there is credible evidence, but
4less than a preponderance of evidence to support the
6    (c) Appointment. The Governor shall appoint, and the
7Senate shall confirm, an Inspector General. The Inspector
8General shall be appointed for a term of 4 years and shall
9function within the Department of Human Services and report to
10the Secretary and the Governor.
11    (d) Operation and appropriation. The Inspector General
12shall function independently within the Department with
13respect to the operations of the Office, including the
14performance of investigations and issuance of findings and
15recommendations. The appropriation for the Office of Inspector
16General shall be separate from the overall appropriation for
17the Department.
18    (e) Powers and duties. The Inspector General shall
19investigate reports of suspected mental abuse, physical abuse,
20sexual abuse, neglect, or financial exploitation of
21individuals in any mental health or developmental disabilities
22facility or agency and shall have authority to take immediate
23action to prevent any one or more of the following from
24happening to individuals under its jurisdiction: mental abuse,
25physical abuse, sexual abuse, neglect, or financial
26exploitation. Upon written request of an agency of this State,



SB0855 Enrolled- 9 -LRB103 03314 RPS 48320 b

1the Inspector General may assist another agency of the State
2in investigating reports of the abuse, neglect, or abuse and
3neglect of persons with mental illness, persons with
4developmental disabilities, or persons with both. To comply
5with the requirements of subsection (k) of this Section, the
6Inspector General shall also review all reportable deaths for
7which there is no allegation of abuse or neglect. Nothing in
8this Section shall preempt any duties of the Medical Review
9Board set forth in the Mental Health and Developmental
10Disabilities Code. The Inspector General shall have no
11authority to investigate alleged violations of the State
12Officials and Employees Ethics Act. Allegations of misconduct
13under the State Officials and Employees Ethics Act shall be
14referred to the Office of the Governor's Executive Inspector
15General for investigation.
16    (f) Limitations. The Inspector General shall not conduct
17an investigation within an agency or facility if that
18investigation would be redundant to or interfere with an
19investigation conducted by another State agency. The Inspector
20General shall have no supervision over, or involvement in, the
21routine programmatic, licensing, funding, or certification
22operations of the Department. Nothing in this subsection
23limits investigations by the Department that may otherwise be
24required by law or that may be necessary in the Department's
25capacity as central administrative authority responsible for
26the operation of the State's mental health and developmental



SB0855 Enrolled- 10 -LRB103 03314 RPS 48320 b

1disabilities facilities.
2    (g) Rulemaking authority. The Inspector General shall
3promulgate rules establishing minimum requirements for
4reporting allegations as well as for initiating, conducting,
5and completing investigations based upon the nature of the
6allegation or allegations. The rules shall clearly establish
7that if 2 or more State agencies could investigate an
8allegation, the Inspector General shall not conduct an
9investigation that would be redundant to, or interfere with,
10an investigation conducted by another State agency. The rules
11shall further clarify the method and circumstances under which
12the Office of Inspector General may interact with the
13licensing, funding, or certification units of the Department
14in preventing further occurrences of mental abuse, physical
15abuse, sexual abuse, neglect, egregious neglect, and financial
17    (h) Training programs. The Inspector General shall (i)
18establish a comprehensive program to ensure that every person
19authorized to conduct investigations receives ongoing training
20relative to investigation techniques, communication skills,
21and the appropriate means of interacting with persons
22receiving treatment for mental illness, developmental
23disability, or both mental illness and developmental
24disability, and (ii) establish and conduct periodic training
25programs for facility and agency employees concerning the
26prevention and reporting of any one or more of the following:



SB0855 Enrolled- 11 -LRB103 03314 RPS 48320 b

1mental abuse, physical abuse, sexual abuse, neglect, egregious
2neglect, or financial exploitation. The Inspector General
3shall further ensure (i) every person authorized to conduct
4investigations at community agencies receives ongoing training
5in Title 59, Parts 115, 116, and 119 of the Illinois
6Administrative Code, and (ii) every person authorized to
7conduct investigations shall receive ongoing training in Title
859, Part 50 of the Illinois Administrative Code. Nothing in
9this Section shall be deemed to prevent the Office of
10Inspector General from conducting any other training as
11determined by the Inspector General to be necessary or
13    (i) Duty to cooperate.
14        (1) The Inspector General shall at all times be
15    granted access to any facility or agency for the purpose
16    of investigating any allegation, conducting unannounced
17    site visits, monitoring compliance with a written
18    response, or completing any other statutorily assigned
19    duty. The Inspector General shall conduct unannounced site
20    visits to each facility at least annually for the purpose
21    of reviewing and making recommendations on systemic issues
22    relative to preventing, reporting, investigating, and
23    responding to all of the following: mental abuse, physical
24    abuse, sexual abuse, neglect, egregious neglect, or
25    financial exploitation.
26        (2) Any employee who fails to cooperate with an Office



SB0855 Enrolled- 12 -LRB103 03314 RPS 48320 b

1    of the Inspector General investigation is in violation of
2    this Act. Failure to cooperate with an investigation
3    includes, but is not limited to, any one or more of the
4    following: (i) creating and transmitting a false report to
5    the Office of the Inspector General hotline, (ii)
6    providing false information to an Office of the Inspector
7    General Investigator during an investigation, (iii)
8    colluding with other employees to cover up evidence, (iv)
9    colluding with other employees to provide false
10    information to an Office of the Inspector General
11    investigator, (v) destroying evidence, (vi) withholding
12    evidence, or (vii) otherwise obstructing an Office of the
13    Inspector General investigation. Additionally, any
14    employee who, during an unannounced site visit or written
15    response compliance check, fails to cooperate with
16    requests from the Office of the Inspector General is in
17    violation of this Act.
18    (j) Subpoena powers. The Inspector General shall have the
19power to subpoena witnesses and compel the production of all
20documents and physical evidence relating to his or her
21investigations and any hearings authorized by this Act. This
22subpoena power shall not extend to persons or documents of a
23labor organization or its representatives insofar as the
24persons are acting in a representative capacity to an employee
25whose conduct is the subject of an investigation or the
26documents relate to that representation. Any person who



SB0855 Enrolled- 13 -LRB103 03314 RPS 48320 b

1otherwise fails to respond to a subpoena or who knowingly
2provides false information to the Office of the Inspector
3General by subpoena during an investigation is guilty of a
4Class A misdemeanor.
5    (k) Reporting allegations and deaths.
6        (1) Allegations. If an employee witnesses, is told of,
7    or has reason to believe an incident of mental abuse,
8    physical abuse, sexual abuse, neglect, or financial
9    exploitation has occurred, the employee, agency, or
10    facility shall report the allegation by phone to the
11    Office of the Inspector General hotline according to the
12    agency's or facility's procedures, but in no event later
13    than 4 hours after the initial discovery of the incident,
14    allegation, or suspicion of any one or more of the
15    following: mental abuse, physical abuse, sexual abuse,
16    neglect, or financial exploitation. A required reporter as
17    defined in subsection (b) of this Section who knowingly or
18    intentionally fails to comply with these reporting
19    requirements is guilty of a Class A misdemeanor.
20        (2) Deaths. Absent an allegation, a required reporter
21    shall, within 24 hours after initial discovery, report by
22    phone to the Office of the Inspector General hotline each
23    of the following:
24            (i) Any death of an individual occurring within 14
25        calendar days after discharge or transfer of the
26        individual from a residential program or facility.



SB0855 Enrolled- 14 -LRB103 03314 RPS 48320 b

1            (ii) Any death of an individual occurring within
2        24 hours after deflection from a residential program
3        or facility.
4            (iii) Any other death of an individual occurring
5        at an agency or facility or at any Department-funded
6        site.
7        (3) Retaliation. It is a violation of this Act for any
8    employee or administrator of an agency or facility to take
9    retaliatory action against an employee who acts in good
10    faith in conformance with his or her duties as a required
11    reporter.
12    (l) Reporting to law enforcement. Reporting criminal acts.
13Within 24 hours after determining that there is credible
14evidence indicating that a criminal act may have been
15committed or that special expertise may be required in an
16investigation, the Inspector General shall notify the Illinois
17State Police or other appropriate law enforcement authority,
18or ensure that such notification is made. The Illinois State
19Police shall investigate any report from a State-operated
20facility indicating a possible murder, sexual assault, or
21other felony by an employee. All investigations conducted by
22the Inspector General shall be conducted in a manner designed
23to ensure the preservation of evidence for possible use in a
24criminal prosecution.
25    (m) Investigative reports. Upon completion of an
26investigation, the Office of Inspector General shall issue an



SB0855 Enrolled- 15 -LRB103 03314 RPS 48320 b

1investigative report identifying whether the allegations are
2substantiated, unsubstantiated, or unfounded. Within 10
3business days after the transmittal of a completed
4investigative report substantiating an allegation, finding an
5allegation is unsubstantiated, or if a recommendation is made,
6the Inspector General shall provide the investigative report
7on the case to the Secretary and to the director of the
8facility or agency where any one or more of the following
9occurred: mental abuse, physical abuse, sexual abuse, neglect,
10egregious neglect, or financial exploitation, or material
11obstruction of an investigation. The director of the facility
12or agency shall be responsible for maintaining the
13confidentiality of the investigative report consistent with
14State and federal law. In a substantiated case, the
15investigative report shall include any mitigating or
16aggravating circumstances that were identified during the
17investigation. If the case involves substantiated neglect, the
18investigative report shall also state whether egregious
19neglect was found. An investigative report may also set forth
20recommendations. All investigative reports prepared by the
21Office of the Inspector General shall be considered
22confidential and shall not be released except as provided by
23the law of this State or as required under applicable federal
24law. Unsubstantiated and unfounded reports shall not be
25disclosed except as allowed under Section 6 of the Abused and
26Neglected Long Term Care Facility Residents Reporting Act. Raw



SB0855 Enrolled- 16 -LRB103 03314 RPS 48320 b

1data used to compile the investigative report shall not be
2subject to release unless required by law or a court order.
3"Raw data used to compile the investigative report" includes,
4but is not limited to, any one or more of the following: the
5initial complaint, witness statements, photographs,
6investigator's notes, police reports, or incident reports. If
7the allegations are substantiated, the victim, the victim's
8guardian, and the accused shall be provided with a redacted
9copy of the investigative report. Death reports where there
10was no allegation of abuse or neglect shall only be released
11pursuant to applicable State or federal law or a valid court
12order. Unredacted investigative reports, as well as raw data,
13may be shared with a local law enforcement entity, a State's
14Attorney's office, or a county coroner's office upon written
16    (n) Written responses, clarification requests, and
17reconsideration requests.
18        (1) Written responses. Within 30 calendar days from
19    receipt of a substantiated investigative report or an
20    investigative report which contains recommendations,
21    absent a reconsideration request, the facility or agency
22    shall file a written response that addresses, in a concise
23    and reasoned manner, the actions taken to: (i) protect the
24    individual; (ii) prevent recurrences; and (iii) eliminate
25    the problems identified. The response shall include the
26    implementation and completion dates of such actions. If



SB0855 Enrolled- 17 -LRB103 03314 RPS 48320 b

1    the written response is not filed within the allotted 30
2    calendar day period, the Secretary shall determine the
3    appropriate corrective action to be taken.
4        (2) Requests for clarification. The facility, agency,
5    victim or guardian, or the subject employee may request
6    that the Office of Inspector General clarify the finding
7    or findings for which clarification is sought.
8        (3) Requests for reconsideration. The facility,
9    agency, victim or guardian, or the subject employee may
10    request that the Office of the Inspector General
11    reconsider the finding or findings or the recommendations.
12    A request for reconsideration shall be subject to a
13    multi-layer review and shall include at least one reviewer
14    who did not participate in the investigation or approval
15    of the original investigative report. After the
16    multi-layer review process has been completed, the
17    Inspector General shall make the final determination on
18    the reconsideration request. The investigation shall be
19    reopened if the reconsideration determination finds that
20    additional information is needed to complete the
21    investigative record.
22    (o) Disclosure of the finding by the Inspector General.
23The Inspector General shall disclose the finding of an
24investigation to the following persons: (i) the Governor, (ii)
25the Secretary, (iii) the director of the facility or agency,
26(iv) the alleged victims and their guardians, (v) the



SB0855 Enrolled- 18 -LRB103 03314 RPS 48320 b

1complainant, and (vi) the accused. This information shall
2include whether the allegations were deemed substantiated,
3unsubstantiated, or unfounded.
4    (p) Secretary review. Upon review of the Inspector
5General's investigative report and any agency's or facility's
6written response, the Secretary shall accept or reject the
7written response and notify the Inspector General of that
8determination. The Secretary may further direct that other
9administrative action be taken, including, but not limited to,
10any one or more of the following: (i) additional site visits,
11(ii) training, (iii) provision of technical assistance
12relative to administrative needs, licensure, or certification,
13or (iv) the imposition of appropriate sanctions.
14    (q) Action by facility or agency. Within 30 days of the
15date the Secretary approves the written response or directs
16that further administrative action be taken, the facility or
17agency shall provide an implementation report to the Inspector
18General that provides the status of the action taken. The
19facility or agency shall be allowed an additional 30 days to
20send notice of completion of the action or to send an updated
21implementation report. If the action has not been completed
22within the additional 30-day period, the facility or agency
23shall send updated implementation reports every 60 days until
24completion. The Inspector General shall conduct a review of
25any implementation plan that takes more than 120 days after
26approval to complete, and shall monitor compliance through a



SB0855 Enrolled- 19 -LRB103 03314 RPS 48320 b

1random review of approved written responses, which may
2include, but are not limited to: (i) site visits, (ii)
3telephone contact, and (iii) requests for additional
4documentation evidencing compliance.
5    (r) Sanctions. Sanctions, if imposed by the Secretary
6under Subdivision (p)(iv) of this Section, shall be designed
7to prevent further acts of mental abuse, physical abuse,
8sexual abuse, neglect, egregious neglect, or financial
9exploitation or some combination of one or more of those acts
10at a facility or agency, and may include any one or more of the
12        (1) Appointment of on-site monitors.
13        (2) Transfer or relocation of an individual or
14    individuals.
15        (3) Closure of units.
16        (4) Termination of any one or more of the following:
17    (i) Department licensing, (ii) funding, or (iii)
18    certification.
19    The Inspector General may seek the assistance of the
20Illinois Attorney General or the office of any State's
21Attorney in implementing sanctions.
22    (s) Health Care Worker Registry.
23        (1) Reporting to the Registry. The Inspector General
24    shall report to the Department of Public Health's Health
25    Care Worker Registry, a public registry, the identity and
26    finding of each employee of a facility or agency against



SB0855 Enrolled- 20 -LRB103 03314 RPS 48320 b

1    whom there is a final investigative report prepared by the
2    Office of the Inspector General containing a substantiated
3    allegation of physical or sexual abuse, financial
4    exploitation, or egregious neglect of an individual, or
5    material obstruction of an investigation, unless the
6    Inspector General requests a stipulated disposition of the
7    investigative report that does not include the reporting
8    of the employee's name to the Health Care Worker Registry
9    and the Secretary of Human Services agrees with the
10    requested stipulated disposition.
11        (2) Notice to employee. Prior to reporting the name of
12    an employee, the employee shall be notified of the
13    Department's obligation to report and shall be granted an
14    opportunity to request an administrative hearing, the sole
15    purpose of which is to determine if the substantiated
16    finding warrants reporting to the Registry. Notice to the
17    employee shall contain a clear and concise statement of
18    the grounds on which the report to the Registry is based,
19    offer the employee an opportunity for a hearing, and
20    identify the process for requesting such a hearing. Notice
21    is sufficient if provided by certified mail to the
22    employee's last known address. If the employee fails to
23    request a hearing within 30 days from the date of the
24    notice, the Inspector General shall report the name of the
25    employee to the Registry. Nothing in this subdivision
26    (s)(2) shall diminish or impair the rights of a person who



SB0855 Enrolled- 21 -LRB103 03314 RPS 48320 b

1    is a member of a collective bargaining unit under the
2    Illinois Public Labor Relations Act or under any other
3    federal labor statute.
4        (3) Registry hearings. If the employee requests an
5    administrative hearing, the employee shall be granted an
6    opportunity to appear before an administrative law judge
7    to present reasons why the employee's name should not be
8    reported to the Registry. The Department shall bear the
9    burden of presenting evidence that establishes, by a
10    preponderance of the evidence, that the substantiated
11    finding warrants reporting to the Registry. After
12    considering all the evidence presented, the administrative
13    law judge shall make a recommendation to the Secretary as
14    to whether the substantiated finding warrants reporting
15    the name of the employee to the Registry. The Secretary
16    shall render the final decision. The Department and the
17    employee shall have the right to request that the
18    administrative law judge consider a stipulated disposition
19    of these proceedings.
20        (4) Testimony at Registry hearings. A person who makes
21    a report or who investigates a report under this Act shall
22    testify fully in any judicial proceeding resulting from
23    such a report, as to any evidence of abuse or neglect, or
24    the cause thereof. No evidence shall be excluded by reason
25    of any common law or statutory privilege relating to
26    communications between the alleged perpetrator of abuse or



SB0855 Enrolled- 22 -LRB103 03314 RPS 48320 b

1    neglect, or the individual alleged as the victim in the
2    report, and the person making or investigating the report.
3    Testimony at hearings is exempt from the confidentiality
4    requirements of subsection (f) of Section 10 of the Mental
5    Health and Developmental Disabilities Confidentiality Act.
6        (5) Employee's rights to collateral action. No
7    reporting to the Registry shall occur and no hearing shall
8    be set or proceed if an employee notifies the Inspector
9    General in writing, including any supporting
10    documentation, that he or she is formally contesting an
11    adverse employment action resulting from a substantiated
12    finding by complaint filed with the Illinois Civil Service
13    Commission, or which otherwise seeks to enforce the
14    employee's rights pursuant to any applicable collective
15    bargaining agreement. If an action taken by an employer
16    against an employee as a result of a finding of physical
17    abuse, sexual abuse, or egregious neglect is overturned
18    through an action filed with the Illinois Civil Service
19    Commission or under any applicable collective bargaining
20    agreement and if that employee's name has already been
21    sent to the Registry, the employee's name shall be removed
22    from the Registry.
23        (6) Removal from Registry. At any time after the
24    report to the Registry, but no more than once in any
25    12-month period, an employee may petition the Department
26    in writing to remove his or her name from the Registry.



SB0855 Enrolled- 23 -LRB103 03314 RPS 48320 b

1    Upon receiving notice of such request, the Inspector
2    General shall conduct an investigation into the petition.
3    Upon receipt of such request, an administrative hearing
4    will be set by the Department. At the hearing, the
5    employee shall bear the burden of presenting evidence that
6    establishes, by a preponderance of the evidence, that
7    removal of the name from the Registry is in the public
8    interest. The parties may jointly request that the
9    administrative law judge consider a stipulated disposition
10    of these proceedings.
11    (t) Review of Administrative Decisions. The Department
12shall preserve a record of all proceedings at any formal
13hearing conducted by the Department involving Health Care
14Worker Registry hearings. Final administrative decisions of
15the Department are subject to judicial review pursuant to
16provisions of the Administrative Review Law.
17    (u) Quality Care Board. There is created, within the
18Office of the Inspector General, a Quality Care Board to be
19composed of 7 members appointed by the Governor with the
20advice and consent of the Senate. One of the members shall be
21designated as chairman by the Governor. Of the initial
22appointments made by the Governor, 4 Board members shall each
23be appointed for a term of 4 years and 3 members shall each be
24appointed for a term of 2 years. Upon the expiration of each
25member's term, a successor shall be appointed for a term of 4
26years. In the case of a vacancy in the office of any member,



SB0855 Enrolled- 24 -LRB103 03314 RPS 48320 b

1the Governor shall appoint a successor for the remainder of
2the unexpired term.
3    Members appointed by the Governor shall be qualified by
4professional knowledge or experience in the area of law,
5investigatory techniques, or in the area of care of the
6mentally ill or care of persons with developmental
7disabilities. Two members appointed by the Governor shall be
8persons with a disability or parents of persons with a
9disability. Members shall serve without compensation, but
10shall be reimbursed for expenses incurred in connection with
11the performance of their duties as members.
12    The Board shall meet quarterly, and may hold other
13meetings on the call of the chairman. Four members shall
14constitute a quorum allowing the Board to conduct its
15business. The Board may adopt rules and regulations it deems
16necessary to govern its own procedures.
17    The Board shall monitor and oversee the operations,
18policies, and procedures of the Inspector General to ensure
19the prompt and thorough investigation of allegations of
20neglect and abuse. In fulfilling these responsibilities, the
21Board may do the following:
22        (1) Provide independent, expert consultation to the
23    Inspector General on policies and protocols for
24    investigations of alleged abuse, neglect, or both abuse
25    and neglect.
26        (2) Review existing regulations relating to the



SB0855 Enrolled- 25 -LRB103 03314 RPS 48320 b

1    operation of facilities.
2        (3) Advise the Inspector General as to the content of
3    training activities authorized under this Section.
4        (4) Recommend policies concerning methods for
5    improving the intergovernmental relationships between the
6    Office of the Inspector General and other State or federal
7    offices.
8    (v) Annual report. The Inspector General shall provide to
9the General Assembly and the Governor, no later than January 1
10of each year, a summary of reports and investigations made
11under this Act for the prior fiscal year with respect to
12individuals receiving mental health or developmental
13disabilities services. The report shall detail the imposition
14of sanctions, if any, and the final disposition of any
15corrective or administrative action directed by the Secretary.
16The summaries shall not contain any confidential or
17identifying information of any individual, but shall include
18objective data identifying any trends in the number of
19reported allegations, the timeliness of the Office of the
20Inspector General's investigations, and their disposition, for
21each facility and Department-wide, for the most recent 3-year
22time period. The report shall also identify, by facility, the
23staff-to-patient ratios taking account of direct care staff
24only. The report shall also include detailed recommended
25administrative actions and matters for consideration by the
26General Assembly.



SB0855 Enrolled- 26 -LRB103 03314 RPS 48320 b

1    (w) Program audit. The Auditor General shall conduct a
2program audit of the Office of the Inspector General on an
3as-needed basis, as determined by the Auditor General. The
4audit shall specifically include the Inspector General's
5compliance with the Act and effectiveness in investigating
6reports of allegations occurring in any facility or agency.
7The Auditor General shall conduct the program audit according
8to the provisions of the Illinois State Auditing Act and shall
9report its findings to the General Assembly no later than
10January 1 following the audit period.
11    (x) Nothing in this Section shall be construed to mean
12that an individual is a victim of abuse or neglect because of
13health care services appropriately provided or not provided by
14health care professionals.
15    (y) Nothing in this Section shall require a facility,
16including its employees, agents, medical staff members, and
17health care professionals, to provide a service to an
18individual in contravention of that individual's stated or
19implied objection to the provision of that service on the
20ground that that service conflicts with the individual's
21religious beliefs or practices, nor shall the failure to
22provide a service to an individual be considered abuse under
23this Section if the individual has objected to the provision
24of that service based on his or her religious beliefs or
26(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;



SB0855 Enrolled- 27 -LRB103 03314 RPS 48320 b

1102-883, eff. 5-13-22; 102-1071, eff. 6-10-22; revised
3    Section 10. The Mental Health and Developmental
4Disabilities Administrative Act is amended by changing Section
57.3 as follows:
6    (20 ILCS 1705/7.3)
7    Sec. 7.3. Health Care Worker Registry; finding of abuse or
8neglect. The Department shall require that no facility,
9service agency, or support agency providing mental health or
10developmental disability services that is licensed, certified,
11operated, or funded by the Department shall employ a person,
12in any capacity, who is identified by the Health Care Worker
13Registry as having been the subject of a substantiated finding
14of physical abuse, sexual abuse, financial exploitation,
15egregious neglect, or material obstruction of an investigation
16abuse or neglect of a service recipient. Any owner or operator
17of a community agency who is identified by the Health Care
18Worker Registry as having been the subject of a substantiated
19finding of physical abuse, sexual abuse, financial
20exploitation, egregious neglect, or material obstruction of an
21investigation abuse or neglect of a service recipient is
22prohibited from any involvement in any capacity with the
23provision of Department funded mental health or developmental
24disability services. The Department shall establish and



SB0855 Enrolled- 28 -LRB103 03314 RPS 48320 b

1maintain the rules that are necessary or appropriate to
2effectuate the intent of this Section. The provisions of this
3Section shall not apply to any facility, service agency, or
4support agency licensed or certified by a State agency other
5than the Department, unless operated by the Department of
6Human Services.
7(Source: P.A. 100-432, eff. 8-25-17.)
8    Section 15. The Health Care Worker Background Check Act is
9amended by changing Section 25 as follows:
10    (225 ILCS 46/25)
11    Sec. 25. Hiring of people with criminal records by health
12care employers and long-term care facilities.
13    (a) A health care employer or long-term care facility may
14hire, employ, or retain any individual in a position involving
15direct care for clients, patients, or residents, or access to
16the living quarters or the financial, medical, or personal
17records of clients, patients, or residents who has been
18convicted of committing or attempting to commit one or more of
19the following offenses only with a waiver described in Section
2040: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
219-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,
2210-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,
2311-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,
2411-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,



SB0855 Enrolled- 29 -LRB103 03314 RPS 48320 b

112-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
212-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
312-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,
412-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
516A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,
619-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,
724-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or
8in subsection (a) of Section 12-3 or subsection (a) or (b) of
9Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
10Code of 2012; those provided in Section 4 of the Wrongs to
11Children Act; those provided in Section 53 of the Criminal
12Jurisprudence Act; those defined in subsection (c), (d), (e),
13(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the
14Cannabis Control Act; those defined in the Methamphetamine
15Control and Community Protection Act; those defined in
16Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
17Illinois Controlled Substances Act; or subsection (a) of
18Section 3.01, Section 3.02, or Section 3.03 of the Humane Care
19for Animals Act.
20    (a-1) A health care employer or long-term care facility
21may hire, employ, or retain any individual in a position
22involving direct care for clients, patients, or residents, or
23access to the living quarters or the financial, medical, or
24personal records of clients, patients, or residents who has
25been convicted of committing or attempting to commit one or
26more of the following offenses only with a waiver described in



SB0855 Enrolled- 30 -LRB103 03314 RPS 48320 b

1Section 40: those offenses defined in Section 12-3.3,
212-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,
317-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or
424-3.3, or subsection (b) of Section 17-32, subsection (b) of
5Section 18-1, or subsection (b) of Section 20-1, of the
6Criminal Code of 1961 or the Criminal Code of 2012; Section 4,
75, 6, 8, or 17.02 of the Illinois Credit Card and Debit Card
8Act; or Section 11-9.1A of the Criminal Code of 1961 or the
9Criminal Code of 2012 or Section 5.1 of the Wrongs to Children
10Act; or (ii) violated Section 50-50 of the Nurse Practice Act.
11    A health care employer is not required to retain an
12individual in a position with duties involving direct care for
13clients, patients, or residents, and no long-term care
14facility is required to retain an individual in a position
15with duties that involve or may involve contact with residents
16or access to the living quarters or the financial, medical, or
17personal records of residents, who has been convicted of
18committing or attempting to commit one or more of the offenses
19enumerated in this subsection.
20    (b) A health care employer shall not hire, employ, or
21retain, whether paid or on a volunteer basis, any individual
22in a position with duties involving direct care of clients,
23patients, or residents, and no long-term care facility shall
24knowingly hire, employ, or retain, whether paid or on a
25volunteer basis, any individual in a position with duties that
26involve or may involve contact with residents or access to the



SB0855 Enrolled- 31 -LRB103 03314 RPS 48320 b

1living quarters or the financial, medical, or personal records
2of residents, if the health care employer becomes aware that
3the individual has been convicted in another state of
4committing or attempting to commit an offense that has the
5same or similar elements as an offense listed in subsection
6(a) or (a-1), as verified by court records, records from a
7state agency, or an FBI criminal history record check, unless
8the applicant or employee obtains a waiver pursuant to Section
940 of this Act. This shall not be construed to mean that a
10health care employer has an obligation to conduct a criminal
11history records check in other states in which an employee has
13    (c) A health care employer shall not hire, employ, or
14retain, whether paid or on a volunteer basis, any individual
15in a position with duties involving direct care of clients,
16patients, or residents, who has a finding by the Department of
17abuse, neglect, misappropriation of property, or theft denoted
18on the Health Care Worker Registry.
19    (d) A health care employer shall not hire, employ, or
20retain, whether paid or on a volunteer basis, any individual
21in a position with duties involving direct care of clients,
22patients, or residents if the individual has a verified and
23substantiated finding of abuse, neglect, or financial
24exploitation, as identified within the Adult Protective
25Service Registry established under Section 7.5 of the Adult
26Protective Services Act.



SB0855 Enrolled- 32 -LRB103 03314 RPS 48320 b

1    (e) A health care employer shall not hire, employ, or
2retain, whether paid or on a volunteer basis, any individual
3in a position with duties involving direct care of clients,
4patients, or residents who has a finding by the Department of
5Human Services denoted on the Health Care Worker Registry of
6physical or sexual abuse, financial exploitation, or egregious
7neglect, or material obstruction of an investigation of an
8individual denoted on the Health Care Worker Registry.
9(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.