Full Text of HB3649 96th General Assembly
HB3649enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Hospital Licensing Act is amended by | 5 |
| changing Section 9 and by adding Section 9.6 as follows:
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| (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
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| Sec. 9. Inspections and investigations. The Department | 8 |
| shall make or
cause
to be made such inspections and
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| investigations as it deems necessary , except that, subject to | 10 |
| appropriation, the Department shall investigate every | 11 |
| allegation of abuse of a patient received by the Department . | 12 |
| Information received by the
Department through filed reports, | 13 |
| inspection, or as otherwise authorized
under this Act shall not | 14 |
| be disclosed publicly in such manner as to
identify individuals | 15 |
| or hospitals, except (i) in a proceeding involving the
denial, | 16 |
| suspension, or revocation of a permit to establish a hospital | 17 |
| or a
proceeding involving the denial, suspension, or revocation | 18 |
| of a license to
open, conduct, operate, and maintain a | 19 |
| hospital, (ii) to the Department of
Children and Family | 20 |
| Services in the course of a child abuse or neglect
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| investigation conducted by that Department or by the Department | 22 |
| of Public
Health, (iii) in accordance with Section 6.14a of | 23 |
| this Act, or (iv)
in other circumstances as may be approved by |
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| the Hospital Licensing Board.
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| (Source: P.A. 90-608, eff. 6-30-98; 91-242, eff. 1-1-00.)
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| (210 ILCS 85/9.6 new) | 4 |
| Sec. 9.6. Patient protection from abuse. | 5 |
| (a) No administrator, agent, or employee of a hospital or a | 6 |
| member of its medical staff may abuse a patient in the | 7 |
| hospital. | 8 |
| (b) Any hospital administrator, agent, employee, or | 9 |
| medical staff member who has reasonable cause to believe that | 10 |
| any patient with whom he or she has direct contact has been | 11 |
| subjected to abuse in the hospital shall promptly report or | 12 |
| cause a report to be made to a designated hospital | 13 |
| administrator responsible for providing such reports to the | 14 |
| Department as required by this Section. | 15 |
| (c) Retaliation against a person who lawfully and in good | 16 |
| faith makes a report under this Section is prohibited. | 17 |
| (d) Upon receiving a report under subsection (b) of this | 18 |
| Section, the hospital shall submit the report to the Department | 19 |
| within 24 hours of obtaining such report. In the event that the | 20 |
| hospital receives multiple reports involving a single alleged | 21 |
| instance of abuse, the hospital shall submit one report to the | 22 |
| Department. | 23 |
| (e) Upon receiving a report under this Section, the | 24 |
| hospital shall promptly conduct an internal review to ensure | 25 |
| the alleged victim's safety. Measures to protect the alleged |
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| victim shall be taken as deemed necessary by the hospital's | 2 |
| administrator and may include, but are not limited to, removing | 3 |
| suspected violators from further patient contact during the | 4 |
| hospital's internal review. If the alleged victim lacks | 5 |
| decision-making capacity under the Health Care Surrogate Act | 6 |
| and no health care surrogate is available, the hospital may | 7 |
| contact the Illinois Guardianship and Advocacy Commission to | 8 |
| determine the need for a temporary guardian of that person. | 9 |
| (f) All internal hospital reviews shall be conducted by a | 10 |
| designated hospital employee or agent who is qualified to | 11 |
| detect abuse and is not involved in the alleged victim's | 12 |
| treatment. All internal review findings must be documented and | 13 |
| filed according to hospital procedures and shall be made | 14 |
| available to the Department upon request. | 15 |
| (g) Any other person may make a report of patient abuse to | 16 |
| the Department if that person has reasonable cause to believe | 17 |
| that a patient has been abused in the hospital. | 18 |
| (h) The report required under this Section shall include: | 19 |
| the name of the patient; the name and address of the hospital | 20 |
| treating the patient; the age of the patient; the nature of the | 21 |
| patient's condition, including any evidence of previous | 22 |
| injuries or disabilities; and any other information that the | 23 |
| reporter believes might be helpful in establishing the cause of | 24 |
| the reported abuse and the identity of the person believed to | 25 |
| have caused the abuse. | 26 |
| (i) Except for willful or wanton misconduct, any |
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| individual, person, institution, or agency participating in | 2 |
| good faith in the making of a report under this Section, or in | 3 |
| the investigation of such a report or in making a disclosure of | 4 |
| information concerning reports of abuse under this Section, | 5 |
| shall have immunity from any liability, whether civil, | 6 |
| professional, or criminal, that otherwise might result by | 7 |
| reason of such actions. For the purpose of any proceedings, | 8 |
| whether civil, professional, or criminal, the good faith of any | 9 |
| persons required to report cases of suspected abuse under this | 10 |
| Section or who disclose information concerning reports of abuse | 11 |
| in compliance with this Section, shall be presumed. | 12 |
| (j) No administrator, agent, or employee of a hospital | 13 |
| shall adopt or employ practices or procedures designed to | 14 |
| discourage good faith reporting of patient abuse under this | 15 |
| Section. | 16 |
| (k) Every hospital shall ensure that all new and existing | 17 |
| employees are trained in the detection and reporting of abuse | 18 |
| of patients and retrained at least every 2 years thereafter. | 19 |
| (l) The Department shall investigate each report of patient | 20 |
| abuse made under this Section according to the procedures of | 21 |
| the Department, except that a report of abuse which indicates | 22 |
| that a patient's life or safety is in imminent danger shall be | 23 |
| investigated within 24 hours of such report. Under no | 24 |
| circumstances may a hospital's internal review of an allegation | 25 |
| of abuse replace an investigation of the allegation by the | 26 |
| Department. |
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| (m) The Department shall keep a continuing record of all | 2 |
| reports made pursuant to this Section, including indications of | 3 |
| the final determination of any investigation and the final | 4 |
| disposition of all reports. The Department shall inform the | 5 |
| investigated hospital and any other person making a report | 6 |
| under subsection (g) of its final determination or disposition | 7 |
| in writing. | 8 |
| (n) The Department shall not disclose to the public any | 9 |
| information regarding any reports and investigations under | 10 |
| this Section unless and until the report of abuse is | 11 |
| substantiated following a full and proper investigation. | 12 |
| (o) All patient identifiable information in any report or | 13 |
| investigation under this Section shall be confidential and | 14 |
| shall not be disclosed except as authorized by this Act or | 15 |
| other applicable law. | 16 |
| (p) Nothing in this Section relieves a hospital | 17 |
| administrator, employee, agent, or medical staff member from | 18 |
| contacting appropriate law enforcement authorities as required | 19 |
| by law. | 20 |
| (q) Nothing in this Section shall be construed to mean that | 21 |
| a patient is a victim of abuse because of health care services | 22 |
| provided or not provided by health care professionals. | 23 |
| (r) Nothing in this Section shall require a hospital, | 24 |
| including its employees, agents, and medical staff members, to | 25 |
| provide any services to a patient in contravention of his or | 26 |
| her stated or implied objection thereto upon grounds that such |
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| services conflict with his or her religious beliefs or | 2 |
| practices, nor shall such a patient be considered abused under | 3 |
| this Section for the exercise of such beliefs or practices. | 4 |
| (s) The Department's implementation of this Section is | 5 |
| subject to appropriations to the Department for that purpose. | 6 |
| (t) As used in this Section, the following terms have the | 7 |
| following meanings: | 8 |
| "Abuse" means any physical or mental injury or sexual abuse | 9 |
| intentionally inflicted by a hospital employee, agent, or | 10 |
| medical staff member on a patient of the hospital and does not | 11 |
| include any hospital, medical, health care, or other personal | 12 |
| care services done in good faith in the interest of the patient | 13 |
| according to established medical and clinical standards of | 14 |
| care. | 15 |
| "Mental injury" means intentionally caused emotional | 16 |
| distress in a patient from words or gestures that would be | 17 |
| considered by a reasonable person to be humiliating, harassing, | 18 |
| or threatening and which causes observable and substantial | 19 |
| impairment. | 20 |
| "Sexual abuse" means any intentional act of sexual contact | 21 |
| or sexual penetration of a patient in the hospital. | 22 |
| "Substantiated", with respect to a report of abuse, means | 23 |
| that a preponderance of the evidence indicates that abuse | 24 |
| occurred.
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