Full Text of HB5492 095th General Assembly
HB5492eng 95TH GENERAL ASSEMBLY
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HB5492 Engrossed |
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LRB095 15957 DRJ 41967 b |
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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 Emergency Medical Services (EMS) Systems Act | 5 |
| is amended by adding Section 32.6 as follows: | 6 |
| (210 ILCS 50/32.6 new) | 7 |
| Sec. 32.6. Freestanding Emergency Center; patient | 8 |
| protection from abuse. | 9 |
| (a) No administrator, agent, or employee of an FEC or a | 10 |
| member of its medical staff may abuse a patient in the FEC. | 11 |
| (b) Any FEC administrator, agent, employee, or medical | 12 |
| staff member who has reasonable cause to believe that any | 13 |
| patient with whom he or she has direct contact has been | 14 |
| subjected to abuse in the FEC shall promptly report or cause a | 15 |
| report to be made to a designated FEC administrator responsible | 16 |
| for providing such reports to the Department as required by | 17 |
| 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 FEC shall submit the report to the Department | 22 |
| within 24 hours of obtaining such report. In the event that the | 23 |
| FEC receives multiple reports involving a single alleged |
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LRB095 15957 DRJ 41967 b |
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| instance of abuse, the FEC shall submit one report to the | 2 |
| Department. | 3 |
| (e) Upon receiving a report under this Section, the FEC | 4 |
| shall promptly conduct an internal review to ensure the alleged | 5 |
| victim's safety. Measures to protect the alleged victim shall | 6 |
| be taken as deemed necessary by the FEC's administrator and may | 7 |
| include, but are not limited to, removing suspected violators | 8 |
| from further patient contact during the FEC's internal review. | 9 |
| If the alleged victim lacks decision-making capacity under the | 10 |
| Health Care Surrogate Act and no health care surrogate is | 11 |
| available, the FEC may contact the Illinois Guardianship and | 12 |
| Advocacy Commission to determine the need for a temporary | 13 |
| guardian of that person. | 14 |
| (f) All internal FEC reviews shall be conducted by a | 15 |
| designated FEC employee or agent who is qualified to detect | 16 |
| abuse and is not involved in the alleged victim's treatment. | 17 |
| All internal review findings must be documented and filed | 18 |
| according to FEC procedures and shall be made available to the | 19 |
| 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 FEC. | 23 |
| (h) The report required under this Section shall include: | 24 |
| the name of the patient; the name and address of the FEC | 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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LRB095 15957 DRJ 41967 b |
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| injuries or disabilities; and any other information that the | 2 |
| reporter believes might be helpful in establishing the cause of | 3 |
| the reported abuse and the identity of the person believed to | 4 |
| have caused the abuse. | 5 |
| (i) Any individual, person, institution, or agency | 6 |
| participating in good faith in the making of a report under | 7 |
| this Section, or in the investigation of such a report or in | 8 |
| making a disclosure of information concerning reports of abuse | 9 |
| under this Section, shall have immunity from any liability, | 10 |
| whether civil, professional, or criminal, that otherwise might | 11 |
| result by reason of such actions. For the purpose of any | 12 |
| proceedings, whether civil, professional, or criminal, the | 13 |
| good faith of any persons required to report cases of suspected | 14 |
| abuse under this Section or who disclose information concerning | 15 |
| reports of abuse in compliance with this Section, shall be | 16 |
| presumed. | 17 |
| (j) No administrator, agent, or employee of an FEC shall | 18 |
| adopt or employ practices or procedures designed to discourage | 19 |
| good faith reporting of patient abuse under this Section. | 20 |
| (k) Every FEC shall ensure that all new and existing | 21 |
| employees are trained in the detection and reporting of abuse | 22 |
| of patients and retrained at least every 2 years thereafter. | 23 |
| (l) The Department shall investigate each report of patient | 24 |
| abuse made under this Section according to the procedures of | 25 |
| the Department, except that a report of abuse which indicates | 26 |
| that a patient's life or safety is in imminent danger shall be |
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LRB095 15957 DRJ 41967 b |
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| investigated within 24 hours of such report. Under no | 2 |
| circumstances may an FEC's internal review of an allegation of | 3 |
| abuse replace an investigation of the allegation by the | 4 |
| Department. | 5 |
| (m) The Department shall keep a continuing record of all | 6 |
| reports made pursuant to this Section, including indications of | 7 |
| the final determination of any investigation and the final | 8 |
| disposition of all reports. The Department shall inform the | 9 |
| investigated FEC and any other person making a report under | 10 |
| subsection (g) of its final determination or disposition in | 11 |
| writing. | 12 |
| (n) The Department shall not disclose to the public any | 13 |
| information regarding any reports and investigations under | 14 |
| this Section unless and until the report of abuse is | 15 |
| substantiated following a full and proper investigation. | 16 |
| (o) All patient identifiable information in any report or | 17 |
| investigation under this Section shall be confidential and | 18 |
| shall not be disclosed except as authorized by this Act or | 19 |
| other applicable law. | 20 |
| (p) Nothing in this Section relieves an FEC administrator, | 21 |
| employee, agent, or medical staff member from contacting | 22 |
| appropriate law enforcement authorities as required by law. | 23 |
| (q) Nothing in this Section shall be construed to mean that | 24 |
| a patient is a victim of abuse because of health care services | 25 |
| provided or not provided by health care professionals. | 26 |
| (r) Nothing in this Section shall require an FEC, including |
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HB5492 Engrossed |
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LRB095 15957 DRJ 41967 b |
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| its employees, agents, and medical staff members, to provide | 2 |
| any services to a patient in contravention of his or her stated | 3 |
| or implied objection thereto upon grounds that such services | 4 |
| conflict with his or her religious beliefs or practices, nor | 5 |
| shall such a patient be considered abused under this Section | 6 |
| for the exercise of such beliefs or practices. | 7 |
| (s) As used in this Section, the following terms have the | 8 |
| following meanings: | 9 |
| "Abuse" means any physical or mental injury or sexual abuse | 10 |
| intentionally inflicted by an FEC employee, agent, or medical | 11 |
| staff member on a patient of the FEC and does not include any | 12 |
| FEC, medical, health care, or other personal care services done | 13 |
| in good faith in the interest of the patient according to | 14 |
| established medical and clinical standards of care. | 15 |
| "FEC" means a Freestanding Emergency Center licensed under | 16 |
| Section 32.5. | 17 |
| "Mental injury" means intentionally caused emotional | 18 |
| distress in a patient from words or gestures that would be | 19 |
| considered by a reasonable person to be humiliating, harassing, | 20 |
| or threatening and which causes observable and substantial | 21 |
| impairment. | 22 |
| "Sexual abuse" means any intentional act of sexual contact | 23 |
| or sexual penetration of a patient in the hospital. | 24 |
| "Substantiated", with respect to a report of abuse, means | 25 |
| that a preponderance of the evidence indicates that abuse | 26 |
| occurred. |
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HB5492 Engrossed |
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LRB095 15957 DRJ 41967 b |
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| (t) Notwithstanding any other rulemaking authority that | 2 |
| may exist, neither the Governor nor any agency or agency head | 3 |
| under the jurisdiction of the Governor has any authority to | 4 |
| make or promulgate rules to implement or enforce the provisions | 5 |
| of this Section. If, however, the Governor believes that rules | 6 |
| are necessary to implement or enforce the provisions of this | 7 |
| Section, the Governor may suggest rules to the General Assembly | 8 |
| by filing them with the Clerk of the House and the Secretary of | 9 |
| the Senate and by requesting that the General Assembly | 10 |
| authorize such rulemaking by law, enact those suggested rules | 11 |
| into law, or take any other appropriate action in the General | 12 |
| Assembly's discretion. Nothing in this Section shall be | 13 |
| interpreted to grant rulemaking authority under any other | 14 |
| Illinois statute where such authority is not otherwise | 15 |
| explicitly given. For the purposes of this Section, "rules" is | 16 |
| given the meaning contained in Section 1-70 of the Illinois | 17 |
| Administrative Procedure Act, and "agency" and "agency head" | 18 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 19 |
| the Illinois Administrative Procedure Act to the extent that | 20 |
| such definitions apply to agencies and agency heads under the | 21 |
| jurisdiction of the Governor. | 22 |
| Section 10. The Hospital Licensing Act is amended by | 23 |
| 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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HB5492 Engrossed |
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LRB095 15957 DRJ 41967 b |
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| Sec. 9. Inspections and investigations. The Department | 2 |
| shall make or
cause
to be made such inspections and
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| investigations as it deems necessary , except that the | 4 |
| Department shall investigate every allegation of abuse of a | 5 |
| patient received by the Department . Information received by the
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| Department through filed reports, inspection, or as otherwise | 7 |
| authorized
under this Act shall not be disclosed publicly in | 8 |
| such manner as to
identify individuals or hospitals, except (i) | 9 |
| in a proceeding involving the
denial, suspension, or revocation | 10 |
| of a permit to establish a hospital or a
proceeding involving | 11 |
| the denial, suspension, or revocation of a license to
open, | 12 |
| conduct, operate, and maintain a hospital, (ii) to the | 13 |
| Department of
Children and Family Services in the course of a | 14 |
| child abuse or neglect
investigation conducted by that | 15 |
| Department or by the Department of Public
Health, (iii) in | 16 |
| accordance with Section 6.14a of this Act, or (iv)
in other | 17 |
| circumstances as may be approved by the Hospital Licensing | 18 |
| 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) | 21 |
| Sec. 9.6. Patient protection from abuse. | 22 |
| (a) No administrator, agent, or employee of a hospital or a | 23 |
| member of its medical staff may abuse a patient in the | 24 |
| hospital. | 25 |
| (b) Any hospital administrator, agent, employee, or |
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HB5492 Engrossed |
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LRB095 15957 DRJ 41967 b |
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| 1 |
| medical staff member who has reasonable cause to believe that | 2 |
| any patient with whom he or she has direct contact has been | 3 |
| subjected to abuse in the hospital shall promptly report or | 4 |
| cause a report to be made to a designated hospital | 5 |
| administrator responsible for providing such reports to the | 6 |
| Department as required by this Section. | 7 |
| (c) Retaliation against a person who lawfully and in good | 8 |
| faith makes a report under this Section is prohibited. | 9 |
| (d) Upon receiving a report under subsection (b) of this | 10 |
| Section, the hospital shall submit the report to the Department | 11 |
| within 24 hours of obtaining such report. In the event that the | 12 |
| hospital receives multiple reports involving a single alleged | 13 |
| instance of abuse, the hospital shall submit one report to the | 14 |
| Department. | 15 |
| (e) Upon receiving a report under this Section, the | 16 |
| hospital shall promptly conduct an internal review to ensure | 17 |
| the alleged victim's safety. Measures to protect the alleged | 18 |
| victim shall be taken as deemed necessary by the hospital's | 19 |
| administrator and may include, but are not limited to, removing | 20 |
| suspected violators from further patient contact during the | 21 |
| hospital's internal review. If the alleged victim lacks | 22 |
| decision-making capacity under the Health Care Surrogate Act | 23 |
| and no health care surrogate is available, the hospital may | 24 |
| contact the Illinois Guardianship and Advocacy Commission to | 25 |
| determine the need for a temporary guardian of that person. | 26 |
| (f) All internal hospital reviews shall be conducted by a |
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HB5492 Engrossed |
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LRB095 15957 DRJ 41967 b |
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| 1 |
| designated hospital employee or agent who is qualified to | 2 |
| detect abuse and is not involved in the alleged victim's | 3 |
| treatment. All internal review findings must be documented and | 4 |
| filed according to hospital procedures and shall be made | 5 |
| available to the Department upon request. | 6 |
| (g) Any other person may make a report of patient abuse to | 7 |
| the Department if that person has reasonable cause to believe | 8 |
| that a patient has been abused in the hospital. | 9 |
| (h) The report required under this Section shall include: | 10 |
| the name of the patient; the name and address of the hospital | 11 |
| treating the patient; the age of the patient; the nature of the | 12 |
| patient's condition, including any evidence of previous | 13 |
| injuries or disabilities; and any other information that the | 14 |
| reporter believes might be helpful in establishing the cause of | 15 |
| the reported abuse and the identity of the person believed to | 16 |
| have caused the abuse. | 17 |
| (i) Any individual, person, institution, or agency | 18 |
| participating in good faith in the making of a report under | 19 |
| this Section, or in the investigation of such a report or in | 20 |
| making a disclosure of information concerning reports of abuse | 21 |
| under this Section, shall have immunity from any liability, | 22 |
| whether civil, professional, or criminal, that otherwise might | 23 |
| result by reason of such actions. For the purpose of any | 24 |
| proceedings, whether civil, professional, or criminal, the | 25 |
| good faith of any persons required to report cases of suspected | 26 |
| abuse under this Section or who disclose information concerning |
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HB5492 Engrossed |
- 10 - |
LRB095 15957 DRJ 41967 b |
|
| 1 |
| reports of abuse in compliance with this Section, shall be | 2 |
| presumed. | 3 |
| (j) No administrator, agent, or employee of a hospital | 4 |
| shall adopt or employ practices or procedures designed to | 5 |
| discourage good faith reporting of patient abuse under this | 6 |
| Section. | 7 |
| (k) Every hospital shall ensure that all new and existing | 8 |
| employees are trained in the detection and reporting of abuse | 9 |
| of patients and retrained at least every 2 years thereafter. | 10 |
| (l) The Department shall investigate each report of patient | 11 |
| abuse made under this Section according to the procedures of | 12 |
| the Department, except that a report of abuse which indicates | 13 |
| that a patient's life or safety is in imminent danger shall be | 14 |
| investigated within 24 hours of such report. Under no | 15 |
| circumstances may a hospital's internal review of an allegation | 16 |
| of abuse replace an investigation of the allegation by the | 17 |
| Department. | 18 |
| (m) The Department shall keep a continuing record of all | 19 |
| reports made pursuant to this Section, including indications of | 20 |
| the final determination of any investigation and the final | 21 |
| disposition of all reports. The Department shall inform the | 22 |
| investigated hospital and any other person making a report | 23 |
| under subsection (g) of its final determination or disposition | 24 |
| in writing. | 25 |
| (n) The Department shall not disclose to the public any | 26 |
| information regarding any reports and investigations under |
|
|
|
HB5492 Engrossed |
- 11 - |
LRB095 15957 DRJ 41967 b |
|
| 1 |
| this Section unless and until the report of abuse is | 2 |
| substantiated following a full and proper investigation. | 3 |
| (o) All patient identifiable information in any report or | 4 |
| investigation under this Section shall be confidential and | 5 |
| shall not be disclosed except as authorized by this Act or | 6 |
| other applicable law. | 7 |
| (p) Nothing in this Section relieves a hospital | 8 |
| administrator, employee, agent, or medical staff member from | 9 |
| contacting appropriate law enforcement authorities as required | 10 |
| by law. | 11 |
| (q) Nothing in this Section shall be construed to mean that | 12 |
| a patient is a victim of abuse because of health care services | 13 |
| provided or not provided by health care professionals. | 14 |
| (r) Nothing in this Section shall require a hospital, | 15 |
| including its employees, agents, and medical staff members, to | 16 |
| provide any services to a patient in contravention of his or | 17 |
| her stated or implied objection thereto upon grounds that such | 18 |
| services conflict with his or her religious beliefs or | 19 |
| practices, nor shall such a patient be considered abused under | 20 |
| this Section for the exercise of such beliefs or practices. | 21 |
| (s) As used in this Section, the following terms have the | 22 |
| following meanings: | 23 |
| "Abuse" means any physical or mental injury or sexual abuse | 24 |
| intentionally inflicted by a hospital employee, agent, or | 25 |
| medical staff member on a patient of the hospital and does not | 26 |
| include any hospital, medical, health care, or other personal |
|
|
|
HB5492 Engrossed |
- 12 - |
LRB095 15957 DRJ 41967 b |
|
| 1 |
| care services done in good faith in the interest of the patient | 2 |
| according to established medical and clinical standards of | 3 |
| care. | 4 |
| "Mental injury" means intentionally caused emotional | 5 |
| distress in a patient from words or gestures that would be | 6 |
| considered by a reasonable person to be humiliating, harassing, | 7 |
| or threatening and which causes observable and substantial | 8 |
| impairment. | 9 |
| "Sexual abuse" means any intentional act of sexual contact | 10 |
| or sexual penetration of a patient in the hospital. | 11 |
| "Substantiated", with respect to a report of abuse, means | 12 |
| that a preponderance of the evidence indicates that abuse | 13 |
| occurred. | 14 |
| (t) Notwithstanding any other rulemaking authority that | 15 |
| may exist, neither the Governor nor any agency or agency head | 16 |
| under the jurisdiction of the Governor has any authority to | 17 |
| make or promulgate rules to implement or enforce the provisions | 18 |
| of this Section. If, however, the Governor believes that rules | 19 |
| are necessary to implement or enforce the provisions of this | 20 |
| Section, the Governor may suggest rules to the General Assembly | 21 |
| by filing them with the Clerk of the House and the Secretary of | 22 |
| the Senate and by requesting that the General Assembly | 23 |
| authorize such rulemaking by law, enact those suggested rules | 24 |
| into law, or take any other appropriate action in the General | 25 |
| Assembly's discretion. Nothing in this Section shall be | 26 |
| interpreted to grant rulemaking authority under any other |
|
|
|
HB5492 Engrossed |
- 13 - |
LRB095 15957 DRJ 41967 b |
|
| 1 |
| Illinois statute where such authority is not otherwise | 2 |
| explicitly given. For the purposes of this Section, "rules" is | 3 |
| given the meaning contained in Section 1-70 of the Illinois | 4 |
| Administrative Procedure Act, and "agency" and "agency head" | 5 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 6 |
| the Illinois Administrative Procedure Act to the extent that | 7 |
| such definitions apply to agencies and agency heads under the | 8 |
| jurisdiction of the Governor.
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