Full Text of HB0587 103rd General Assembly
HB0587eng 103RD GENERAL ASSEMBLY | | | HB0587 Engrossed | | LRB103 04172 CPF 49178 b |
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| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Hospital Licensing Act is amended by | 5 | | changing Section 9.6 as follows: | 6 | | (210 ILCS 85/9.6) | 7 | | Sec. 9.6. Patient protection from abuse. | 8 | | (a) No administrator, agent, or employee of a hospital or | 9 | | a hospital affiliate, or a member of a hospital's its medical | 10 | | staff , may abuse a patient in the hospital or in a facility | 11 | | operated by a hospital affiliate . | 12 | | (b) Any hospital administrator, agent, employee, or | 13 | | medical staff member , or an administrator, employee, or | 14 | | physician employed by a hospital affiliate, who has reasonable | 15 | | cause to believe that any patient with whom he or she has | 16 | | direct contact has been subjected to abuse in the hospital or | 17 | | hospital affiliate shall promptly report or cause a report to | 18 | | be made to a designated hospital administrator responsible for | 19 | | providing such reports to the Department as required by this | 20 | | Section. | 21 | | (c) Retaliation against a person who lawfully and in good | 22 | | faith makes a report under this Section is prohibited. | 23 | | (d) Upon receiving a report under subsection (b) of this |
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| 1 | | Section, the hospital or hospital affiliate shall submit the | 2 | | report to the Department within 24 hours of obtaining such | 3 | | report. In the event that the hospital receives multiple | 4 | | reports involving a single alleged instance of abuse, the | 5 | | hospital shall submit one report to the Department. | 6 | | (e) Upon receiving a report under this Section, the | 7 | | hospital or hospital affiliate shall promptly conduct an | 8 | | internal review to ensure the alleged victim's safety. | 9 | | Measures to protect the alleged victim shall be taken as | 10 | | deemed necessary by the hospital's administrator and may | 11 | | include, but are not limited to, removing suspected violators | 12 | | from further patient contact during the hospital's or hospital | 13 | | affiliate's internal review. If the alleged victim lacks | 14 | | decision-making capacity under the Health Care Surrogate Act | 15 | | and no health care surrogate is available, the hospital or | 16 | | hospital affiliate may contact the Illinois Guardianship and | 17 | | Advocacy Commission to determine the need for a temporary | 18 | | guardian of that person. | 19 | | (f) All internal hospital and hospital affiliate reviews | 20 | | shall be conducted by a designated hospital employee or agent | 21 | | who is qualified to detect abuse and is not involved in the | 22 | | alleged victim's treatment. All internal review findings must | 23 | | be documented and filed according to hospital or hospital | 24 | | affiliate procedures and shall be made available to the | 25 | | Department upon request. | 26 | | (g) Any other person may make a report of patient abuse to |
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| 1 | | the Department if that person has reasonable cause to believe | 2 | | that a patient has been abused in the hospital or hospital | 3 | | affiliate . | 4 | | (h) The report required under this Section shall include: | 5 | | the name of the patient; the name and address of the hospital | 6 | | or hospital affiliate treating the patient; the age of the | 7 | | patient; the nature of the patient's condition, including any | 8 | | evidence of previous injuries or disabilities; and any other | 9 | | information that the reporter believes might be helpful in | 10 | | establishing the cause of the reported abuse and the identity | 11 | | of the person believed to have caused the abuse. | 12 | | (i) Except for willful or wanton misconduct, any | 13 | | individual, person, institution, or agency participating in | 14 | | good faith in the making of a report under this Section, or in | 15 | | the investigation of such a report or in making a disclosure of | 16 | | information concerning reports of abuse under this Section, | 17 | | shall have immunity from any liability, whether civil, | 18 | | professional, or criminal, that otherwise might result by | 19 | | reason of such actions. For the purpose of any proceedings, | 20 | | whether civil, professional, or criminal, the good faith of | 21 | | any persons required to report cases of suspected abuse under | 22 | | this Section or who disclose information concerning reports of | 23 | | abuse in compliance with this Section, shall be presumed. | 24 | | (j) No administrator, agent, or employee of a hospital or | 25 | | hospital affiliate shall adopt or employ practices or | 26 | | procedures designed to discourage good faith reporting of |
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| 1 | | patient abuse under this Section. | 2 | | (k) Every hospital and hospital affiliate shall ensure | 3 | | that all new and existing employees are trained in the | 4 | | detection and reporting of abuse of patients and retrained at | 5 | | least every 2 years thereafter. | 6 | | (l) The Department shall investigate each report of | 7 | | patient abuse made under this Section according to the | 8 | | procedures of the Department, except that a report of abuse | 9 | | which indicates that a patient's life or safety is in imminent | 10 | | danger shall be investigated within 24 hours of such report. | 11 | | Under no circumstances may a hospital's or hospital | 12 | | affiliate's internal review of an allegation of abuse replace | 13 | | an investigation of the allegation by the Department. | 14 | | (m) The Department shall keep a continuing record of all | 15 | | reports made pursuant to this Section, including indications | 16 | | of the final determination of any investigation and the final | 17 | | disposition of all reports. The Department shall inform the | 18 | | investigated hospital or hospital affiliate and any other | 19 | | person making a report under subsection (g) of its final | 20 | | determination or disposition in writing. | 21 | | (n) The Department shall not disclose to the public any | 22 | | information regarding any reports and investigations under | 23 | | this Section unless and until the report of abuse is | 24 | | substantiated following a full and proper investigation. | 25 | | (o) All patient identifiable information in any report or | 26 | | investigation under this Section shall be confidential and |
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| 1 | | shall not be disclosed except as authorized by this Act or | 2 | | other applicable law. | 3 | | (p) Nothing in this Section relieves a hospital or | 4 | | hospital affiliate administrator, employee, agent, or medical | 5 | | staff member from contacting appropriate law enforcement | 6 | | authorities as required by law. | 7 | | (q) Nothing in this Section shall be construed to mean | 8 | | that a patient is a victim of abuse because of health care | 9 | | services provided or not provided by health care | 10 | | professionals. | 11 | | (r) Nothing in this Section shall require a hospital or | 12 | | hospital affiliate , including its employees, agents, and | 13 | | medical staff members, to provide any services to a patient in | 14 | | contravention of his or her stated or implied objection | 15 | | thereto upon grounds that such services conflict with his or | 16 | | her religious beliefs or practices, nor shall such a patient | 17 | | be considered abused under this Section for the exercise of | 18 | | such beliefs or practices. | 19 | | (s) The Department's implementation of this Section is | 20 | | subject to appropriations to the Department for that purpose. | 21 | | (t) As used in this Section, the following terms have the | 22 | | following meanings: | 23 | | "Abuse" means any physical or mental injury or sexual | 24 | | abuse intentionally inflicted by a hospital or hospital | 25 | | affiliate employee, agent, or medical staff member on a | 26 | | patient of the hospital or hospital affiliate and does not |
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| 1 | | include any hospital or hospital affiliate , medical, health | 2 | | care, or other personal care services done in good faith in the | 3 | | interest of the patient according to established medical and | 4 | | clinical standards of care. | 5 | | "Hospital affiliate" has the meaning given to that term in | 6 | | Section 10.8. | 7 | | "Mental injury" means intentionally caused emotional | 8 | | distress in a patient from words or gestures that would be | 9 | | considered by a reasonable person to be humiliating, | 10 | | harassing, or threatening and which causes observable and | 11 | | substantial impairment. | 12 | | "Sexual abuse" means any intentional act of sexual contact | 13 | | or sexual penetration of a patient in the hospital. | 14 | | "Substantiated", with respect to a report of abuse, means | 15 | | that a preponderance of the evidence indicates that abuse | 16 | | occurred. | 17 | | (Source: P.A. 96-692, eff. 1-1-10.) |
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