Full Text of SB3010 94th General Assembly
SB3010sam001 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 2/7/2006
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09400SB3010sam001 |
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LRB094 15526 DRJ 55512 a |
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| AMENDMENT TO SENATE BILL 3010
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| AMENDMENT NO. ______. Amend Senate Bill 3010 on page 1, | 3 |
| line 5, by replacing "Section 6.2" with "Sections 4 and 6.2"; | 4 |
| and | 5 |
| on page 1, between lines 6 and 7, by inserting the following:
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| "(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
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| Sec. 4. Any long term care facility administrator, agent or | 8 |
| employee
or any physician, hospital, surgeon, dentist, | 9 |
| osteopath, chiropractor,
podiatrist, accredited religious | 10 |
| practitioner who provides treatment by spiritual means alone | 11 |
| through prayer in accordance with the tenets and practices of | 12 |
| the accrediting church (except as to information received in | 13 |
| any confession or sacred communication enjoined by the | 14 |
| discipline of the accrediting church to be held confidential)
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| Christian Science practitioner , coroner, social worker, social
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| services administrator, registered nurse, law enforcement | 17 |
| officer, field
personnel of the Illinois Department of | 18 |
| Healthcare and Family Services
Public Aid , field personnel of | 19 |
| the
Illinois Department of Public Health and County or | 20 |
| Municipal Health
Departments, personnel of the Department of | 21 |
| Human Services (acting as the
successor to the Department of | 22 |
| Mental Health and Developmental Disabilities
or the Department | 23 |
| of Public Aid),
personnel of the Guardianship and Advocacy | 24 |
| Commission, personnel of the
State Fire Marshal, local fire |
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LRB094 15526 DRJ 55512 a |
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| department inspectors or other personnel,
or personnel of the | 2 |
| Illinois
Department on Aging, or its subsidiary Agencies on | 3 |
| Aging, or employee of a
facility licensed under the Assisted | 4 |
| Living and Shared Housing
Act, having reasonable
cause to | 5 |
| believe any
resident with whom they have direct contact has | 6 |
| been subjected to abuse
or neglect shall immediately report or | 7 |
| cause a report
to be made
to the Department.
Persons required | 8 |
| to make reports or cause reports to
be made under this Section | 9 |
| include all employees of the State of Illinois
who are involved | 10 |
| in providing services to residents, including
professionals | 11 |
| providing medical or rehabilitation services and all other
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| persons having direct contact with residents; and further | 13 |
| include all
employees of community service agencies who provide | 14 |
| services to a resident
of a public or private long term care | 15 |
| facility outside of that facility.
Any long term care surveyor | 16 |
| of the Illinois Department of Public Health
who has reasonable | 17 |
| cause to believe in the course of a survey that a
resident has | 18 |
| been abused or neglected and initiates an investigation while
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| on site at the facility shall be exempt from making a report | 20 |
| under this
Section but the results of any such investigation | 21 |
| shall be forwarded to
the central register in a manner and form | 22 |
| described by the Department.
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| The requirement of this Act shall not relieve any long term | 24 |
| care
facility administrator, agent or employee of | 25 |
| responsibility to report the
abuse or neglect of a resident | 26 |
| under Section 3-610 of the Nursing Home
Care Act.
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| In addition to the above persons required to report | 28 |
| suspected resident
abuse and neglect, any other person may make | 29 |
| a report to the Department,
or to any law enforcement officer, | 30 |
| if such person has reasonable cause to
suspect a resident has | 31 |
| been abused or neglected.
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| This Section also applies to residents whose death occurs | 33 |
| from suspected
abuse or neglect before being found or brought | 34 |
| to a hospital.
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| A person required to make reports or cause reports to be | 2 |
| made under
this Section who fails to comply with the | 3 |
| requirements of this Section is
guilty of a Class A | 4 |
| misdemeanor.
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| (Source: P.A. 91-656, eff. 1-1-01; revised 12-15-05.)"; and
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| by replacing lines 34 through 36 on page 2 and lines 1 and 2 on | 7 |
| page 3 with the following:
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| " For purposes of this Section, "required reporter" means a | 9 |
| person who suspects, witnesses, or is informed of an allegation | 10 |
| of abuse or neglect at a State-operated facility or a community | 11 |
| agency and who is either: (i) a person employed at a | 12 |
| State-operated facility or a community agency on or off site | 13 |
| who is providing or monitoring services to an individual or | 14 |
| individuals or is providing services to the State-operated | 15 |
| facility or the community agency; or (ii) any person or | 16 |
| contractual agent of the Department of Human Services involved | 17 |
| in providing, monitoring, or administering mental health or | 18 |
| developmental disability services, including, but not limited | 19 |
| to, payroll personnel, contractors, subcontractors, and | 20 |
| volunteers. "Required reporter" does not, however, include an | 21 |
| accredited religious practitioner who provides treatment by | 22 |
| spiritual means alone through prayer in accordance with the | 23 |
| tenets and practices of the accrediting church, to the extent | 24 |
| that such a practitioner receives information concerning an | 25 |
| allegation of abuse or neglect in any confession or sacred | 26 |
| communication enjoined by the discipline of the accrediting | 27 |
| church to be held confidential. A required reporter shall | 28 |
| report the allegation of abuse or neglect, or cause a report to | 29 |
| be made, to the Office of the Inspector General (OIG) Hotline | 30 |
| no later than 4 hours after the initial discovery of the | 31 |
| incident of alleged abuse or neglect. A required reporter as | 32 |
| defined in this paragraph who willfully fails to comply with | 33 |
| the reporting requirement is guilty of a Class A misdemeanor. |
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| For purposes of this Section, "State-operated facility" | 2 |
| means a mental health facility or a developmental disability | 3 |
| facility as defined in Sections 1-114 and 1-107 of the Mental | 4 |
| Health and Developmental Disabilities Code. | 5 |
| For purposes of this Section, "community agency" or | 6 |
| "agency" means any community entity or program providing mental | 7 |
| health or developmental disabilities services that is | 8 |
| licensed, certified, or funded by the Department of Human | 9 |
| Services and is not licensed or certified by any other human | 10 |
| services agency of the State (for example, the Department of | 11 |
| Public Health, the Department of Children and Family Services, | 12 |
| or the Department of Healthcare and Family Services). ".
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