Public Act 102-0501
 
HB3786 EnrolledLRB102 12065 RLC 17402 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Mental Health and Developmental 
Disabilities Code is amended  by changing Section 3-210 as 
follows:
 



    (405 ILCS 5/3-210)  (from Ch. 91 1/2, par. 3-210)



    Sec. 3-210. Employee as perpetrator of abuse. When an 
initial investigation of a reported allegation  of abuse, 
neglect or financial exploitation of a recipient of services 
indicates, based upon credible evidence, that an employee of a 
mental health or developmental disability facility is the 
perpetrator of the abuse, that employee shall immediately be 
barred from any further contact with recipients of services of 
the facility. An employee barred from contact with recipients 
of services shall remain barred:
        (1) pending the outcome of any further investigation, 
    prosecution or disciplinary action against the employee; 
    or
        (2) until the Department of Human Services Office of 
    Inspector General independently determines that the 
    allegation or allegations against the employee will be 
    unsubstantiated or unfounded in the Office of Inspector 
    General's final investigative report.
    For the purposes of this Section, "credible evidence" is 
any evidence that relates to the allegation or incident and 
that is considered believable and reliable. When an 
investigation
of a report of suspected abuse of a recipient of 
services indicates, based
upon credible evidence, that an 
employee of a mental health or
developmental disability 
facility is the perpetrator of the abuse, that
employee shall 
immediately be barred from any further contact with
recipients 
of services of the facility, pending the outcome of any 
further
investigation, prosecution or disciplinary action 
against the employee.

(Source: P.A. 86-1013.)