Sen. Ira I. Silverstein
Filed: 3/25/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1927




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    AMENDMENT NO. ______. Amend Senate Bill 1927 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Emergency Medical Services (EMS) Systems 
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Act is amended  by adding Section 32.6 as follows:
 
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    (210 ILCS 50/32.6  new)
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    Sec. 32.6. Freestanding Emergency Center; patient 
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protection from abuse.
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    (a) No administrator, agent, or employee of an FEC or a 
10
member of its medical staff may abuse a patient in the FEC.
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    (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 
 


 






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this Section.
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    (c) Retaliation against a person who lawfully and in good 
3
faith makes a report under this Section is prohibited.
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    (d) Upon receiving a report under subsection (b) of this 
5
Section, the FEC shall submit the report to the Department 
6
within 24 hours of obtaining such report.  In the event that the 
7
FEC receives multiple reports involving a single alleged 
8
instance of abuse, the FEC shall submit one report to the 
9
Department.
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    (e) Upon receiving a report under this Section, the FEC 
11
shall promptly conduct an internal review to ensure the alleged 
12
victim's safety.  Measures to protect the alleged victim shall 
13
be taken as deemed necessary by the FEC's administrator and may 
14
include, but are not limited to, removing suspected violators 
15
from further patient contact during the FEC's internal review.  
16
If the alleged victim lacks decision-making capacity under the 
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Health Care Surrogate Act and no health care surrogate is 
18
available, the FEC may contact the Illinois Guardianship and 
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Advocacy Commission with respect to appointment of a temporary 
20
guardian of that person.
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    (f) All internal FEC reviews shall be conducted by a 
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designated FEC employee or agent who is qualified to detect 
23
abuse and is not involved in the alleged victim's treatment.  
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All internal review findings must be documented and filed 
25
according to FEC procedures and shall be made available to the 
26
Department upon request.
 


 






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    (g) Any other person may make a report of patient abuse to 
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the Department if that person has reasonable cause to suspect 
3
that a patient has been abused in the FEC.
4
    (h) The report required under this Section shall include: 
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the name of the patient; the name and address of the FEC 
6
treating the patient; the age of the patient; the nature of the 
7
patient's condition, including any evidence of previous 
8
injuries or disabilities; and any other information that the 
9
reporter believes might be helpful in establishing the cause of 
10
the reported abuse and the identity of the person believed to 
11
have caused the abuse.
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    (i) Except for willful and wanton misconduct, any 
13
individual, person, institution, or agency participating in 
14
good faith in the making of a report under this Section, or in 
15
the investigation of such a report or in making a disclosure of 
16
information concerning reports of abuse under this Section, 
17
shall have immunity from any liability, whether civil, 
18
professional, or criminal or that otherwise might result by 
19
reason of such actions.  For the purpose of any proceedings, 
20
whether civil, professional, or criminal, the good faith of any 
21
persons required to report cases of suspected abuse under this 
22
Section or who disclose information concerning reports of abuse 
23
in compliance with this Section shall be presumed.
24
    (j) No administrator, agent, or employee of an FEC shall 
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adopt or employ practices or procedures designed to discourage 
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good faith reporting of patient abuse under this Section.
 


 






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    (k) Every FEC shall ensure that all new and existing 
2
employees are trained in the detection and reporting of abuse 
3
of patients and retrained at least every 2 years thereafter.
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    (l) The Department shall investigate each report of patient 
5
abuse made under this Section according to the procedures of 
6
the Department, except that a report of abuse which indicates 
7
that a patient's life or safety is in imminent danger shall be 
8
investigated within 24 hours of such report.  Under no 
9
circumstances may an FEC's internal review of an allegation of 
10
abuse replace an investigation of the allegation by the 
11
Department.
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    (m) The Department shall keep a continuing record of all 
13
reports made pursuant to this Section, including indications of 
14
the final determination of any investigation and the final 
15
disposition of all reports. The Department shall inform the 
16
investigated FEC and any other person making a report under 
17
subsection (g) of its final determination or disposition in 
18
writing.
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    (n) The Department shall not disclose to the public any 
20
information regarding any reports and investigations under 
21
this Section unless and until the report of abuse is 
22
substantiated following a full and proper investigation.
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    (o) All patient identifiable information in any report or 
24
investigation under this Section shall be confidential and 
25
shall not be disclosed except as authorized by this Act or 
26
other applicable law.
 


 






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    (p) Nothing in this Section relieves an FEC administrator, 
2
employee, agent, or medical staff member from contacting 
3
appropriate law enforcement authorities as required by law.
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    (q) Nothing in this Section shall be construed to mean that 
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a patient is a victim of abuse because of health care services 
6
provided or not provided by health care professionals.
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    (r) Nothing in this Section shall require an FEC, including 
8
its employees, agents, and medical staff members, to provide 
9
any services to a patient in contravention of his or her stated 
10
or implied objection thereto upon grounds that such services 
11
conflict with his or her religious beliefs or practices, nor 
12
shall such a patient be considered abused under this Section 
13
for the exercise of such beliefs or practices.
14
    (s) As used in this Section, the following terms have the 
15
following meanings:
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    "Abuse" means any physical or mental injury or sexual abuse 
17
intentionally inflicted by an FEC employee, agent, or medical 
18
staff member on a patient of the FEC and does not include any 
19
FEC, medical, health care, or other personal care services done 
20
in good faith in the interest of the patient according to 
21
established medical and clinical standards of care.
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    "FEC" means a Freestanding Emergency Center licensed under 
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Section 32.5.
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    "Mental injury" means intentionally caused  emotional 
25
distress in a patient from words or gestures that would be 
26
considered by a reasonable person to be  humiliating, harassing, 
 


 






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or threatening and which causes observable and substantial 
2
impairment.
3
    "Sexual abuse" means any intentional act of sexual contact 
4
or sexual penetration of a
patient in the FEC.
5
    "Substantiated", with respect to a report of abuse, means 
6
that a preponderance of the evidence indicates that abuse 
7
occurred.
 
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    Section 10. The Hospital Licensing Act is amended  by 
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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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    Sec. 9. Inspections and investigations. The Department 
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shall make or
cause
to be made such inspections and

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investigations as it deems necessary, except that the 
14
Department shall investigate every allegation of abuse of a 
15
patient received by the Department. Information received by the

16
Department through filed reports, inspection, or as otherwise 
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authorized
under this Act shall not be disclosed publicly in 
18
such manner as to
identify individuals or hospitals, except (i) 
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in a proceeding involving the
denial, suspension, or revocation 
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of a permit to establish a hospital or a
proceeding involving 
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the denial, suspension, or revocation of a license to
open, 
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conduct, operate, and maintain a hospital, (ii) to the 
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Department of
Children and Family Services in the course of a 
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child abuse or neglect
investigation conducted by that 
 


 






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Department or by the Department of Public
Health, (iii) in 
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accordance with Section 6.14a of this Act, or (iv)
in other 
3
circumstances as may be approved by the Hospital Licensing 
4
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)
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    Sec. 9.6. Patient protection from abuse.
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    (a) No administrator, agent, or employee of a hospital or a 
9
member of its medical staff may abuse a patient in the 
10
hospital.
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    (b) Any hospital administrator, agent, employee, or 
12
medical staff member who has reasonable cause to believe that 
13
any patient with whom he or she has direct contact has been 
14
subjected to abuse in the hospital shall promptly report or 
15
cause a report to be made to a designated hospital 
16
administrator responsible for providing such reports to the 
17
Department as required by 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 hospital shall submit the report to the Department 
22
within 24 hours of obtaining such report.  In the event that the 
23
hospital receives multiple reports involving a single alleged 
24
instance of abuse, the hospital shall submit one report to the 
25
Department.
 


 






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    (e) Upon receiving a report under this Section, the 
2
hospital shall promptly conduct an internal review to ensure 
3
the alleged victim's safety.  Measures to protect the alleged 
4
victim shall be taken as deemed necessary by the hospital's 
5
administrator and may include, but are not limited to, removing 
6
suspected violators from further patient contact during the 
7
hospital's internal review.  If the alleged victim lacks 
8
decision-making capacity under the Health Care Surrogate Act 
9
and no health care surrogate is available, the hospital may 
10
contact the Illinois Guardianship and Advocacy Commission with 
11
respect to appointment of a temporary guardian of that person.
12
    (f) All internal hospital reviews shall be conducted by a 
13
designated hospital employee or agent who is qualified to 
14
detect abuse and is not involved in the alleged victim's 
15
treatment.  All internal review findings must be documented and 
16
filed according to hospital procedures and shall be made 
17
available to the Department upon request.
18
    (g) Any other person may make a report of patient abuse to 
19
the Department if that person has reasonable cause to suspect 
20
that a patient has been abused in the hospital.
21
    (h) The report required under this Section shall include: 
22
the name of the patient; the name and address of the hospital 
23
treating the patient; the age of the patient; the nature of the 
24
patient's condition, including any evidence of previous 
25
injuries or disabilities; and any other information that the 
26
reporter believes might be helpful in establishing the cause of 
 


 






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the reported abuse and the identity of the person believed to 
2
have caused the abuse.
3
    (i) Except for willful and wanton misconduct, any 
4
individual, person, institution, or agency
participating in 
5
good faith in the making of a report under this Section, or in 
6
the
investigation of such a report or in making a disclosure of 
7
information concerning reports
of abuse under this Section, 
8
shall have immunity from any liability, whether civil, 
9
professional, or
criminal or that otherwise might result by 
10
reason of such actions.  For the purpose of any
proceedings, 
11
whether civil, professional, or criminal, the good faith of any 
12
persons
required to report cases of suspected abuse under this 
13
Section or who disclose
information concerning reports of abuse 
14
in compliance with this Section shall be
presumed.
15
    (j) No administrator, agent, or employee of a hospital 
16
shall adopt or employ practices or
procedures designed to 
17
discourage good faith reporting of patient abuse under this 
18
Section.
19
    (k) Every hospital shall ensure that all new and existing 
20
employees are trained in the detection and reporting of abuse 
21
of patients and retrained at least every 2 years thereafter.
22
    (l) The Department shall investigate each report of patient 
23
abuse made under this Section according to the procedures of 
24
the Department, except that a report of abuse which indicates 
25
that a patient's life or safety is in imminent danger shall be 
26
investigated within 24 hours of such report.  Under no 
 


 






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1
circumstances may a hospital's internal review of an allegation 
2
of abuse replace an investigation of the allegation by the 
3
Department.
4
    (m) The Department shall keep a continuing record of all 
5
reports made pursuant to this Section, including indications of 
6
the final determination of any investigation and the final 
7
disposition of all reports. The Department shall inform the 
8
investigated hospital and any other person making a report 
9
under subsection (g) of its final determination or disposition 
10
in writing.
11
    (n) The Department shall not disclose to the public any 
12
information regarding any reports and investigations under 
13
this Section unless and until the report of abuse is 
14
substantiated following a full and proper investigation.
15
    (o) All patient identifiable information in any report or 
16
investigation under this Section shall be confidential and 
17
shall not be disclosed except as authorized by this Act or 
18
other applicable law.
19
    (p) Nothing in this Section relieves a hospital 
20
administrator, employee, agent, or medical staff member from 
21
contacting appropriate law enforcement authorities as required 
22
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 a hospital, 
 


 






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1
including its employees, agents, and medical staff members, to 
2
provide any services to a patient in contravention of his or 
3
her stated or implied objection thereto upon grounds that such 
4
services conflict with his or her religious beliefs or 
5
practices, nor shall such a patient be considered abused under 
6
this Section 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 a hospital employee, agent, or 
11
medical staff member on a patient of the hospital and does not 
12
include any hospital, medical, health care, or other personal 
13
care services done in good faith in the interest of the patient 
14
according to established medical and clinical standards of 
15
care.
16
    "Mental injury" means intentionally caused  emotional 
17
distress in a patient from words or gestures that would be 
18
considered by a reasonable person to be  humiliating, harassing, 
19
or threatening and which causes observable and substantial 
20
impairment.
21
    "Sexual abuse" means any intentional act of sexual contact 
22
or sexual penetration of a patient in the hospital.
23
    "Substantiated", with respect to a report of abuse, means 
24
that a preponderance of the evidence indicates that abuse 
25
occurred.".