Illinois General Assembly - Full Text of HB2537
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Full Text of HB2537  94th General Assembly



State of Illinois
2005 and 2006


Introduced 2/18/2005, by Rep. Robert W. Pritchard


320 ILCS 20/2   from Ch. 23, par. 6602

    Amends the Elder Abuse and Neglect Act. Provides that an administrator or employee of a bank, savings and loan association, or credit union is a "mandated reporter" of suspected abuse, neglect, or financial exploitation under the Act. Effective January 1, 2006.

LRB094 10183 DRJ 40450 b





HB2537 LRB094 10183 DRJ 40450 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 2 as follows:
6     (320 ILCS 20/2)  (from Ch. 23, par. 6602)
7     Sec. 2. Definitions. As used in this Act, unless the
8 context requires otherwise:
9     (a) "Abuse" means causing any physical, mental or sexual
10 injury to an eligible adult, including exploitation of such
11 adult's financial resources.
12     Nothing in this Act shall be construed to mean that an
13 eligible adult is a victim of abuse or neglect for the sole
14 reason that he or she is being furnished with or relies upon
15 treatment by spiritual means through prayer alone, in
16 accordance with the tenets and practices of a recognized church
17 or religious denomination.
18     Nothing in this Act shall be construed to mean that an
19 eligible adult is a victim of abuse because of health care
20 services provided or not provided by licensed health care
21 professionals.
22     (a-5) "Abuser" means a person who abuses, neglects, or
23 financially exploits an eligible adult.
24     (a-7) "Caregiver" means a person who either as a result of
25 a family relationship, voluntarily, or in exchange for
26 compensation has assumed responsibility for all or a portion of
27 the care of an eligible adult who needs assistance with
28 activities of daily living.
29     (b) "Department" means the Department on Aging of the State
30 of Illinois.
31     (c) "Director" means the Director of the Department.
32     (d) "Domestic living situation" means a residence where the



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1 eligible adult lives alone or with his or her family or a
2 caregiver, or others, or a board and care home or other
3 community-based unlicensed facility, but is not:
4         (1) A licensed facility as defined in Section 1-113 of
5     the Nursing Home Care Act;
6         (2) A "life care facility" as defined in the Life Care
7     Facilities Act;
8         (3) A home, institution, or other place operated by the
9     federal government or agency thereof or by the State of
10     Illinois;
11         (4) A hospital, sanitarium, or other institution, the
12     principal activity or business of which is the diagnosis,
13     care, and treatment of human illness through the
14     maintenance and operation of organized facilities
15     therefor, which is required to be licensed under the
16     Hospital Licensing Act;
17         (5) A "community living facility" as defined in the
18     Community Living Facilities Licensing Act;
19         (6) A "community residential alternative" as defined
20     in the Community Residential Alternatives Licensing Act;
21     and
22         (7) A "community-integrated living arrangement" as
23     defined in the Community-Integrated Living Arrangements
24     Licensure and Certification Act.
25     (e) "Eligible adult" means a person 60 years of age or
26 older who resides in a domestic living situation and is, or is
27 alleged to be, abused, neglected, or financially exploited by
28 another individual.
29     (f) "Emergency" means a situation in which an eligible
30 adult is living in conditions presenting a risk of death or
31 physical, mental or sexual injury and the provider agency has
32 reason to believe the eligible adult is unable to consent to
33 services which would alleviate that risk.
34     (f-5) "Mandated reporter" means any of the following
35 persons while engaged in carrying out their professional
36 duties:



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1         (1) a professional or professional's delegate while
2     engaged in: (i) social services, (ii) law enforcement,
3     (iii) education, (iv) the care of an eligible adult or
4     eligible adults, or (v) any of the occupations required to
5     be licensed under the Clinical Psychologist Licensing Act,
6     the Clinical Social Work and Social Work Practice Act, the
7     Illinois Dental Practice Act, the Dietetic and Nutrition
8     Services Practice Act, the Marriage and Family Therapy
9     Licensing Act, the Medical Practice Act of 1987, the
10     Naprapathic Practice Act, the Nursing and Advanced
11     Practice Nursing Act, the Nursing Home Administrators
12     Licensing and Disciplinary Act, the Illinois Occupational
13     Therapy Practice Act, the Illinois Optometric Practice Act
14     of 1987, the Pharmacy Practice Act of 1987, the Illinois
15     Physical Therapy Act, the Physician Assistant Practice Act
16     of 1987, the Podiatric Medical Practice Act of 1987, the
17     Respiratory Care Practice Act, the Professional Counselor
18     and Clinical Professional Counselor Licensing Act, the
19     Illinois Speech-Language Pathology and Audiology Practice
20     Act, the Veterinary Medicine and Surgery Practice Act of
21     2004, and the Illinois Public Accounting Act;
22         (2) an employee of a vocational rehabilitation
23     facility prescribed or supervised by the Department of
24     Human Services;
25         (3) an administrator, employee, or person providing
26     services in or through an unlicensed community based
27     facility;
28         (4) a Christian Science Practitioner;
29         (5) field personnel of the Department of Public Aid,
30     Department of Public Health, and Department of Human
31     Services, and any county or municipal health department;
32         (6) personnel of the Department of Human Services, the
33     Guardianship and Advocacy Commission, the State Fire
34     Marshal, local fire departments, the Department on Aging
35     and its subsidiary Area Agencies on Aging and provider
36     agencies, and the Office of State Long Term Care Ombudsman;



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1         (7) any employee of the State of Illinois not otherwise
2     specified herein who is involved in providing services to
3     eligible adults, including professionals providing medical
4     or rehabilitation services and all other persons having
5     direct contact with eligible adults;
6         (7.5) an administrator or employee of (i) a bank
7     subject to the Illinois Banking Act, (ii) a savings and
8     loan association subject to the Illinois Savings and Loan
9     Act of 1985, or (iii) a credit union subject to the
10     Illinois Credit Union Act;
11         (8) a person who performs the duties of a coroner or
12     medical examiner; or
13         (9) a person who performs the duties of a paramedic or
14     an emergency medical technician.
15       (g) "Neglect" means another individual's failure to
16 provide an eligible adult with or willful withholding from an
17 eligible adult the necessities of life including, but not
18 limited to, food, clothing, shelter or medical care. This
19 subsection does not create any new affirmative duty to provide
20 support to eligible adults. Nothing in this Act shall be
21 construed to mean that an eligible adult is a victim of neglect
22 because of health care services provided or not provided by
23 licensed health care professionals.
24     (h) "Provider agency" means any public or nonprofit agency
25 in a planning and service area appointed by the regional
26 administrative agency with prior approval by the Department on
27 Aging to receive and assess reports of alleged or suspected
28 abuse, neglect, or financial exploitation.
29     (i) "Regional administrative agency" means any public or
30 nonprofit agency in a planning and service area so designated
31 by the Department, provided that the designated Area Agency on
32 Aging shall be designated the regional administrative agency if
33 it so requests. The Department shall assume the functions of
34 the regional administrative agency for any planning and service
35 area where another agency is not so designated.
36     (j) "Substantiated case" means a reported case of alleged



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1 or suspected abuse, neglect, or financial exploitation in which
2 a provider agency, after assessment, determines that there is
3 reason to believe abuse, neglect, or financial exploitation has
4 occurred.
5 (Source: P.A. 92-16, eff. 6-28-01; 93-281 eff. 12-31-03;
6 93-300, eff. 1-1-04; revised 9-22-03.)
7     Section 99. Effective date. This Act takes effect January
8 1, 2006.