Section 340.1380  Contacting Local Law Enforcement

a)         For the purpose of this Section, the following definitions shall apply:

1)         "911" - an emergency answer and response system in which the caller need only dial 9-1-1 on a telephone to obtain emergency services, including police, fire, medical ambulance and rescue.

2)         Physical abuse - see Section 340.330.

3)         Sexual abuse - sexual penetration, intentional sexual touching or fondling, or sexual exploitation (i.e., use of an individual for another person's sexual gratification, arousal, advantage, or profit).

b)         The facility shall immediately contact local law enforcement authorities (e.g., telephoning 911 where available) in the following situations:

1)         Physical abuse involving physical injury inflicted on a resident by a staff member or visitor;

2)         Physical abuse involving physical injury inflicted on a resident by another resident, except in situations where the behavior is associated with dementia or developmental disability;

3)         Sexual abuse of a resident by a staff member, another resident, or a visitor;

4)         When a crime has been committed in a facility by a person other than a resident; or

5)         When a resident death has occurred other than by disease processes.

c)         The facility shall develop and implement a policy concerning local law enforcement notification, including:

1)         Ensuring the safety of residents in situations requiring local law enforcement notification;

2)         Contacting local law enforcement in situations involving physical abuse of a resident by another resident;

3)         Contacting police, fire, ambulance and rescue services in accordance with recommended procedure;

4)         Seeking advice concerning preservation of a potential crime scene;

5)         Facility investigation of the situation.

d)         Facility staff shall be trained in implementing the policy developed pursuant to subsection (c).

e)         The facility shall also comply with other reporting requirements of this Part.

(Source:  Added at 26 Ill. Reg. 4870, effective April 1, 2002)