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Public Act 100-0641
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| HB4847 Enrolled | LRB100 17485 KTG 32654 b |
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AN ACT concerning aging.
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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 Adult Protective Services Act is amended by |
changing Section 2 as follows:
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(320 ILCS 20/2) (from Ch. 23, par. 6602)
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Sec. 2. Definitions. As used in this Act, unless the |
context
requires otherwise:
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(a) "Abuse" means causing any physical, mental or sexual |
injury to an
eligible adult, including exploitation of such |
adult's financial resources.
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Nothing in this Act shall be construed to mean that an |
eligible adult is a
victim of abuse, neglect, or self-neglect |
for the sole reason that he or she is being
furnished with or |
relies upon treatment by spiritual means through prayer
alone, |
in accordance with the tenets and practices of a recognized |
church
or religious denomination.
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Nothing in this Act shall be construed to mean that an |
eligible adult is a
victim of abuse because of health care |
services provided or not provided by
licensed health care |
professionals.
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(a-5) "Abuser" means a person who abuses, neglects, or |
financially
exploits an eligible adult.
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(a-6) "Adult with disabilities" means a person aged 18 |
through 59 who resides in a domestic living situation and whose |
disability as defined in subsection (c-5) impairs his or her |
ability to seek or obtain protection from abuse, neglect, or |
exploitation. |
(a-7) "Caregiver" means a person who either as a result of |
a family
relationship, voluntarily, or in exchange for |
compensation has assumed
responsibility for all or a portion of |
the care of an eligible adult who needs
assistance with |
activities of daily
living or instrumental activities of daily |
living.
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(b) "Department" means the Department on Aging of the State |
of Illinois.
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(c) "Director" means the Director of the Department.
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(c-5) "Disability" means a physical or mental disability, |
including, but not limited to, a developmental disability, an |
intellectual disability, a mental illness as defined under the |
Mental Health and Developmental Disabilities Code, or dementia |
as defined under the Alzheimer's Disease Assistance Act. |
(d) "Domestic living situation" means a residence where the |
eligible
adult at the time of the report lives alone or with |
his or her family or a caregiver, or others,
or other |
community-based unlicensed facility, but
is not:
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(1) A licensed facility as defined in Section 1-113 of |
the Nursing Home
Care Act;
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(1.5) A facility licensed under the ID/DD Community |
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Care Act; |
(1.6) A facility licensed under the MC/DD Act; |
(1.7) A facility licensed under the Specialized Mental |
Health Rehabilitation Act of 2013; |
(2) A "life care facility" as defined in the Life Care |
Facilities Act;
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(3) A home, institution, or other place operated by the |
federal
government or agency thereof or by the State of |
Illinois;
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(4) A hospital, sanitarium, or other institution, the |
principal activity
or business of which is the diagnosis, |
care, and treatment of human illness
through the |
maintenance and operation of organized facilities |
therefor,
which is required to be licensed under the |
Hospital Licensing Act;
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(5) A "community living facility" as defined in the |
Community Living
Facilities Licensing Act;
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(6) (Blank);
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(7) A "community-integrated living arrangement" as |
defined in
the Community-Integrated Living Arrangements |
Licensure and Certification Act or a "community |
residential alternative" as licensed under that Act;
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(8) An assisted living or shared housing establishment |
as defined in the Assisted Living and Shared Housing Act; |
or
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(9) A supportive living facility as described in |
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Section 5-5.01a of the Illinois Public Aid Code.
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(e) "Eligible adult" means either an adult with |
disabilities aged 18 through 59 or a person aged 60 or older |
who
resides in a domestic living situation and is, or is |
alleged
to be, abused, neglected, or financially exploited by |
another individual or who neglects himself or herself. |
"Eligible adult" also includes an adult who resides in any of |
the facilities that are excluded from the definition of |
"domestic living situation" under paragraphs (1) through (9) of |
subsection (d), if either: (i) the alleged abuse or neglect |
occurs outside of the facility and not under facility |
supervision and the alleged abuser is a family member, |
caregiver, or another person who has a continuing relationship |
with the adult; or (ii) the alleged financial exploitation is |
perpetrated by a family member, caregiver, or another person |
who has a continuing relationship with the adult, but who is |
not an employee of the facility where the adult resides.
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(f) "Emergency" means a situation in which an eligible |
adult is living
in conditions presenting a risk of death or |
physical, mental or sexual
injury and the provider agency has |
reason to believe the eligible adult is
unable to
consent to |
services which would alleviate that risk.
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(f-1) "Financial exploitation" means the use of an eligible |
adult's resources by another to the disadvantage of that adult |
or the profit or advantage of a person other than that adult. |
(f-5) "Mandated reporter" means any of the following |
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persons
while engaged in carrying out their professional |
duties:
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(1) a professional or professional's delegate while |
engaged in: (i) social
services, (ii) law enforcement, |
(iii) education, (iv) the care of an eligible
adult or |
eligible adults, or (v) any of the occupations required to |
be licensed
under
the Clinical Psychologist Licensing Act, |
the Clinical Social Work and Social
Work Practice Act, the |
Illinois Dental Practice Act, the Dietitian Nutritionist |
Practice Act, the Marriage and Family Therapy Licensing |
Act, the
Medical Practice Act of 1987, the Naprapathic |
Practice Act, the
Nurse Practice Act, the Nursing Home
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Administrators Licensing and
Disciplinary Act, the |
Illinois Occupational Therapy Practice Act, the Illinois
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Optometric Practice Act of 1987, the Pharmacy Practice Act, |
the
Illinois Physical Therapy Act, the Physician Assistant |
Practice Act of 1987,
the Podiatric Medical Practice Act of |
1987, the Respiratory Care Practice
Act,
the Professional |
Counselor and
Clinical Professional Counselor Licensing |
and Practice Act, the Illinois Speech-Language
Pathology |
and Audiology Practice Act, the Veterinary Medicine and |
Surgery
Practice Act of 2004, and the Illinois Public |
Accounting Act;
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(1.5) an employee of an entity providing developmental |
disabilities services or service coordination funded by |
the Department of Human Services; |
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(2) an employee of a vocational rehabilitation |
facility prescribed or
supervised by the Department of |
Human Services;
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(3) an administrator, employee, or person providing |
services in or through
an unlicensed community based |
facility;
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(4) any religious practitioner who provides treatment |
by prayer or spiritual means alone in accordance with the |
tenets and practices of a recognized church or religious |
denomination, except as to information received in any |
confession or sacred communication enjoined by the |
discipline of the religious denomination to be held |
confidential;
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(5) field personnel of the Department of Healthcare and |
Family Services, Department of Public
Health, and |
Department of Human Services, and any county or
municipal |
health department;
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(6) personnel of the Department of Human Services, the |
Guardianship and
Advocacy Commission, the State Fire |
Marshal, local fire departments, the
Department on Aging |
and its subsidiary Area Agencies on Aging and provider
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agencies, and the Office of State Long Term Care Ombudsman;
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(7) any employee of the State of Illinois not otherwise |
specified herein
who is involved in providing services to |
eligible adults, including
professionals providing medical |
or rehabilitation services and all
other persons having |
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direct contact with eligible adults;
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(8) a person who performs the duties of a coroner
or |
medical examiner; or
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(9) a person who performs the duties of a paramedic or |
an emergency
medical
technician.
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(g) "Neglect" means
another individual's failure to |
provide an eligible
adult with or willful withholding from an |
eligible adult the necessities of
life including, but not |
limited to, food, clothing, shelter or health care.
This |
subsection does not create any new affirmative duty to provide |
support to
eligible adults. Nothing in this Act shall be |
construed to mean that an
eligible adult is a victim of neglect |
because of health care services provided
or not provided by |
licensed health care professionals.
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(h) "Provider agency" means any public or nonprofit agency |
in a planning
and service area that is selected by the |
Department or appointed by the regional administrative agency |
with prior
approval by the Department on Aging to receive and |
assess reports of
alleged or suspected abuse, neglect, or |
financial exploitation. A provider agency is also referenced as |
a "designated agency" in this Act.
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(i) "Regional administrative agency" means any public or |
nonprofit
agency in a planning and service area that provides |
regional oversight and performs functions as set forth in |
subsection (b) of Section 3 of this Act. The Department shall |
designate an Area Agency on Aging as the regional |
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administrative agency or, in the event the Area Agency on Aging |
in that planning and service area is deemed by the Department |
to be unwilling or unable to provide those functions, the |
Department may serve as the regional administrative agency or |
designate another qualified entity to serve as the regional |
administrative agency; any such designation shall be subject to |
terms set forth by the Department.
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(i-5) "Self-neglect" means a condition that is the result |
of an eligible adult's inability, due to physical or mental |
impairments, or both, or a diminished capacity, to perform |
essential self-care tasks that substantially threaten his or |
her own health, including: providing essential food, clothing, |
shelter, and health care; and obtaining goods and services |
necessary to maintain physical health, mental health, |
emotional well-being, and general safety. The term includes |
compulsive hoarding, which is characterized by the acquisition |
and retention of large quantities of items and materials that |
produce an extensively cluttered living space, which |
significantly impairs the performance of essential self-care |
tasks or otherwise substantially threatens life or safety.
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(j) "Substantiated case" means a reported case of alleged |
or suspected
abuse, neglect, financial exploitation, or |
self-neglect in which a provider agency,
after assessment, |
determines that there is reason to believe abuse,
neglect, or |
financial exploitation has occurred.
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(k) "Verified" means a determination that there is "clear |