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| Public Act 097-0860 | ||||
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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 Elder Abuse and Neglect Act is amended by | ||||
changing Section 4 as follows:
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(320 ILCS 20/4) (from Ch. 23, par. 6604)
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Sec. 4. Reports of abuse or neglect.
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(a) Any person who suspects the abuse,
neglect,
financial | ||||
exploitation, or self-neglect of an eligible adult may
report
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this suspicion to an agency designated to receive such
reports | ||||
under this Act or to the Department.
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(a-5) If any mandated reporter has reason to believe that | ||||
an eligible
adult,
who because of dysfunction is unable to seek | ||||
assistance for himself or herself,
has, within the previous 12 | ||||
months, been subjected to abuse, neglect, or
financial | ||||
exploitation, the mandated reporter shall, within 24 hours | ||||
after
developing
such belief, report this suspicion to an | ||||
agency designated to receive such
reports under this Act or
to | ||||
the Department. The agency designated to receive such reports | ||||
under this Act or the Department may establish a manner in | ||||
which a mandated reporter can make the required report through | ||||
an Internet reporting tool. Information sent and received | ||||
through the Internet reporting tool is subject to the same | ||||
rules in this Act as other types of confidential reporting | ||
established by the designated agency or the Department. | ||
Whenever a mandated reporter
is required to report under this | ||
Act in his or her capacity as a member of
the staff of a medical | ||
or other public or private institution, facility,
board and | ||
care home, or agency, he or she shall make a report
to an | ||
agency designated to receive such
reports under this Act or
to | ||
the Department in accordance
with the provisions of this Act | ||
and may also notify the person in charge of
the institution, | ||
facility, board and care home, or agency or his or her
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designated agent that the
report has been made. Under no | ||
circumstances shall any person in charge of
such institution, | ||
facility, board and care home, or agency, or his or her
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designated agent to whom
the notification has been made, | ||
exercise any control, restraint,
modification, or other change | ||
in the report or the forwarding of the report
to an agency | ||
designated to receive such
reports under this Act or
to the | ||
Department. The privileged quality of communication between | ||
any
professional
person required to report
and his or her | ||
patient or client shall not apply to situations involving
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abused, neglected, or financially exploited eligible adults | ||
and shall not
constitute
grounds for failure to
report
as | ||
required by this Act.
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(a-7) A person making a report
under this Act in the belief | ||
that it is in the alleged victim's best
interest shall be | ||
immune from criminal or civil liability or professional
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disciplinary action on account of making the report, | ||
notwithstanding any
requirements concerning the | ||
confidentiality of information with respect to
such eligible | ||
adult which might otherwise be applicable.
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(a-9) Law enforcement officers
shall continue to report | ||
incidents of alleged abuse pursuant to the
Illinois Domestic | ||
Violence Act of 1986, notwithstanding any requirements
under | ||
this Act.
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(b) Any person, institution or agency participating in the | ||
making of
a report, providing
information or records related to | ||
a report, assessment, or services, or
participating in the | ||
investigation of a report under
this Act in good faith, or | ||
taking photographs or x-rays as a result of an
authorized | ||
assessment, shall have immunity from any civil, criminal or
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other liability in any civil, criminal or other proceeding | ||
brought in
consequence of making such report or assessment or | ||
on account of submitting
or otherwise disclosing such | ||
photographs or x-rays to any agency designated
to receive | ||
reports of alleged or suspected abuse or neglect. Any person,
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institution or agency authorized by the Department to provide | ||
assessment,
intervention, or administrative services under | ||
this Act shall, in the good
faith performance of those | ||
services, have immunity from any civil, criminal
or other | ||
liability in any civil, criminal, or other proceeding brought | ||
as a
consequence of the performance of those services.
For the | ||
purposes of any civil, criminal, or other proceeding, the good | ||
faith
of any person required to report, permitted to report, or | ||
participating in an
investigation of a report of alleged or | ||
suspected abuse, neglect,
financial exploitation, or | ||
self-neglect shall be
presumed.
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(c) The identity of a person making a report of alleged or | ||
suspected
abuse, neglect, financial exploitation, or | ||
self-neglect under this Act may be disclosed by the Department
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or other agency provided for in this Act only with such | ||
person's written
consent or by court order.
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(d) The Department shall by rule establish a system for | ||
filing and
compiling reports made under this Act.
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(e) Any physician who willfully fails to report as required | ||
by this Act
shall be referred to the Illinois State Medical | ||
Disciplinary Board for action
in accordance with subdivision | ||
(A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | ||
dentist or dental hygienist who willfully fails to report as
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required by this Act shall be referred to the Department of | ||
Professional
Regulation for action in accordance with | ||
paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | ||
Any optometrist who willfully fails to report as required by | ||
this Act shall be referred to the Department of Financial and | ||
Professional Regulation for action in accordance with | ||
paragraph (15) of subsection (a) of Section 24 of the Illinois | ||
Optometric Practice Act of 1987. Any other mandated reporter | ||
required by
this Act to report suspected abuse, neglect, or | ||
financial exploitation who
willfully fails to report the same | ||
is guilty of a Class A misdemeanor.
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(Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10; | ||
96-1000, eff. 7-2-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||