Full Text of SB2977 102nd General Assembly
SB2977eng 102ND GENERAL ASSEMBLY |
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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 patient, administrator, agent, or employee of a | 9 | | hospital or a member of its medical staff may abuse a patient | 10 | | in the hospital. | 11 | | (b) Any hospital administrator, agent, employee, or | 12 | | medical staff member who has reasonable cause to believe that | 13 | | any patient with whom he or she has direct contact has been | 14 | | subjected to abuse in the hospital shall promptly report or | 15 | | cause a report to be made to a designated hospital | 16 | | administrator responsible for providing such reports to the | 17 | | Department as required by this Section. | 18 | | (c) Retaliation against a person who lawfully and in good | 19 | | faith makes a report under this Section is prohibited. | 20 | | (d) Upon receiving a report under subsection (b) of this | 21 | | Section, the hospital shall submit the report to the | 22 | | Department within 24 hours of obtaining such report. In the | 23 | | event that the hospital receives multiple reports involving a |
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| 1 | | single alleged instance of abuse, the hospital shall submit | 2 | | one report to the Department. | 3 | | (e) Upon receiving a report under this Section, the | 4 | | hospital shall promptly conduct an internal review to ensure | 5 | | the alleged victim's safety. Measures to protect the alleged | 6 | | victim shall be taken as deemed necessary by the hospital's | 7 | | administrator and may include, but are not limited to, | 8 | | removing suspected violators from further patient contact | 9 | | during the hospital's internal review. If the alleged victim | 10 | | lacks decision-making capacity under the Health Care Surrogate | 11 | | Act and no health care surrogate is available, the hospital | 12 | | may contact the Illinois Guardianship and Advocacy Commission | 13 | | to determine the need for a temporary guardian of that person. | 14 | | (f) All internal hospital reviews shall be conducted by a | 15 | | designated hospital employee or agent who is qualified to | 16 | | detect abuse and is not involved in the alleged victim's | 17 | | treatment. All internal review findings must be documented and | 18 | | filed according to hospital procedures and shall be made | 19 | | available to the Department upon request. | 20 | | (g) Any other person may make a report of patient abuse to | 21 | | the Department if that person has reasonable cause to believe | 22 | | that a patient has been abused in the hospital. | 23 | | (h) The report required under this Section shall include: | 24 | | the name of the patient; the name and address of the hospital | 25 | | treating the patient; the age of the patient; the nature of the | 26 | | patient's condition, including any evidence of previous |
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| 1 | | injuries or disabilities; and any other information that the | 2 | | reporter believes might be helpful in establishing the cause | 3 | | of the reported abuse and the identity of the person believed | 4 | | to have caused the abuse. | 5 | | (i) Except for willful or wanton misconduct, any | 6 | | individual, person, institution, or agency participating in | 7 | | good faith in the making of a report under this Section, or in | 8 | | the investigation of such a report or in making a disclosure of | 9 | | information concerning reports of abuse under this Section, | 10 | | shall have immunity from any liability, whether civil, | 11 | | professional, or criminal, that otherwise might result by | 12 | | reason of such actions. For the purpose of any proceedings, | 13 | | whether civil, professional, or criminal, the good faith of | 14 | | any persons required to report cases of suspected abuse under | 15 | | this Section or who disclose information concerning reports of | 16 | | abuse in compliance with this Section, shall be presumed. | 17 | | (j) No administrator, agent, or employee of a hospital | 18 | | shall adopt or employ practices or procedures designed to | 19 | | discourage good faith reporting of patient abuse under this | 20 | | Section. | 21 | | (k) Every hospital shall ensure that all new and existing | 22 | | employees are trained in the detection and reporting of abuse | 23 | | of patients and retrained at least every 2 years thereafter. | 24 | | (l) The Department shall investigate each report of | 25 | | patient abuse made under this Section according to the | 26 | | procedures of the Department, except that a report of abuse |
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| 1 | | which indicates that a patient's life or safety is in imminent | 2 | | danger shall be investigated within 24 hours of such report. | 3 | | Under no circumstances may a hospital's internal review of an | 4 | | allegation of abuse replace an investigation of the allegation | 5 | | by the Department. | 6 | | (m) The Department shall keep a continuing record of all | 7 | | reports made pursuant to this Section, including indications | 8 | | of the final determination of any investigation and the final | 9 | | disposition of all reports. The Department shall inform the | 10 | | investigated hospital and any other person making a report | 11 | | under subsection (g) of its final determination or disposition | 12 | | in writing. | 13 | | (n) The Department shall not disclose to the public any | 14 | | information regarding any reports and investigations under | 15 | | this Section unless and until the report of abuse is | 16 | | substantiated following a full and proper investigation. | 17 | | (o) All patient identifiable information in any report or | 18 | | investigation under this Section shall be confidential and | 19 | | shall not be disclosed except as authorized by this Act or | 20 | | other applicable law. | 21 | | (p) Nothing in this Section relieves a hospital | 22 | | administrator, employee, agent, or medical staff member from | 23 | | contacting appropriate law enforcement authorities as required | 24 | | by law. | 25 | | (q) Nothing in this Section shall be construed to mean | 26 | | that a patient is a victim of abuse because of health care |
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| 1 | | services provided or not provided by health care | 2 | | professionals. | 3 | | (r) Nothing in this Section shall require a hospital, | 4 | | including its employees, agents, and medical staff members, to | 5 | | provide any services to a patient in contravention of his or | 6 | | her stated or implied objection thereto upon grounds that such | 7 | | services conflict with his or her religious beliefs or | 8 | | practices, nor shall such a patient be considered abused under | 9 | | this Section for the exercise of such beliefs or practices. | 10 | | (s) The Department's implementation of this Section is | 11 | | subject to appropriations to the Department for that purpose. | 12 | | (t) As used in this Section, the following terms have the | 13 | | following meanings: | 14 | | "Abuse" means any physical or mental injury or sexual | 15 | | abuse intentionally inflicted by a hospital employee, agent, | 16 | | patient, or medical staff member on a patient of the hospital | 17 | | and does not include any hospital, medical, health care, or | 18 | | other personal care services done in good faith in the | 19 | | interest of the patient according to established medical and | 20 | | clinical standards of care. | 21 | | "Mental injury" means intentionally caused emotional | 22 | | distress in a patient from words or gestures that would be | 23 | | considered by a reasonable person to be humiliating, | 24 | | harassing, or threatening and which causes observable and | 25 | | substantial impairment. | 26 | | "Sexual abuse" means any intentional act of sexual contact |
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| 1 | | or sexual penetration of a patient in the hospital. | 2 | | "Substantiated", with respect to a report of abuse, means | 3 | | that a preponderance of the evidence indicates that abuse | 4 | | occurred.
| 5 | | (Source: P.A. 96-692, eff. 1-1-10.)
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