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91_SB1314
LRB9109664RCks
1 AN ACT in relation to abuse.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Abused and Neglected Long Term Care
5 Facility Residents Reporting Act is amended by changing
6 Section 3 as follows:
7 (210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)
8 Sec. 3. As used in this Act unless the context otherwise
9 requires:
10 a. "Department" means the Department of Public Health of
11 the State of Illinois.
12 b. "Resident" means a person residing in and receiving
13 personal care from a long term care facility, or residing in
14 a mental health facility or developmental disability facility
15 as defined in the Mental Health and Developmental
16 Disabilities Code.
17 c. "Long term care facility" has the same meaning
18 ascribed to such term in the Nursing Home Care Act, except
19 that the term as used in this Act shall include any mental
20 health facility or developmental disability facility as
21 defined in the Mental Health and Developmental Disabilities
22 Code.
23 d. "Abuse" means any battery, physical injury, sexual
24 abuse or mental injury inflicted on a resident other than by
25 accidental means.
26 e. "Neglect" means a failure in a long term care
27 facility to provide adequate medical or personal care or
28 maintenance, which failure results in physical or mental
29 injury to a resident or in the deterioration of a resident's
30 physical or mental condition.
31 f. "Protective services" means services provided to a
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1 resident who has been abused or neglected, which may include,
2 but are not limited to alternative temporary institutional
3 placement, nursing care, counseling, other social services
4 provided at the nursing home where the resident resides or at
5 some other facility, personal care and such protective
6 services of voluntary agencies as are available.
7 g. Unless the context otherwise requires, direct or
8 indirect references in this Act to the programs, personnel,
9 facilities, services, service providers, or service
10 recipients of the Department of Human Services shall be
11 construed to refer only to those programs, personnel,
12 facilities, services, service providers, or service
13 recipients that pertain to the Department of Human Services'
14 mental health and developmental disabilities functions.
15 (Source: P.A. 89-507, eff. 7-1-97.)
16 Section 10. The Nursing Home Care Act is amended by
17 changing Section 1-103 as follows:
18 (210 ILCS 45/1-103) (from Ch. 111 1/2, par. 4151-103)
19 Sec. 1-103. "Abuse" means any battery, physical or
20 mental injury or sexual assault inflicted on a resident other
21 than by accidental means in a facility.
22 (Source: P.A. 81-223.)
23 Section 15. The Criminal Code of 1961 is amended by
24 changing Section 12-19 as follows:
25 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
26 Sec. 12-19. Abuse and Gross Neglect of a Long Term Care
27 Facility Resident.
28 (a) Any person or any owner or licensee of a long term
29 care facility who abuses a long term care facility resident
30 is guilty of a Class 3 felony. Any person or any owner or
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1 licensee of a long term care facility who grossly neglects a
2 long term care facility resident is guilty of a Class 4
3 felony. However, nothing herein shall be deemed to apply to
4 a physician licensed to practice medicine in all its branches
5 or a duly licensed nurse providing care within the scope of
6 his or her professional judgment and within the accepted
7 standards of care within the community.
8 (b) Notwithstanding the penalties in subsections (a) and
9 (c) and in addition thereto, if a licensee or owner of a long
10 term care facility or his or her employee has caused neglect
11 of a resident, the licensee or owner is guilty of a petty
12 offense. An owner or licensee is guilty under this
13 subsection (b) only if the owner or licensee failed to
14 exercise reasonable care in the hiring, training, supervising
15 or providing of staff or other related routine administrative
16 responsibilities.
17 (c) Notwithstanding the penalties in subsections (a) and
18 (b) and in addition thereto, if a licensee or owner of a long
19 term care facility or his or her employee has caused gross
20 neglect of a resident, the licensee or owner is guilty of a
21 business offense for which a fine of not more than $10,000
22 may be imposed. An owner or licensee is guilty under this
23 subsection (c) only if the owner or licensee failed to
24 exercise reasonable care in the hiring, training, supervising
25 or providing of staff or other related routine administrative
26 responsibilities.
27 (d) For the purpose of this Section:
28 (1) "Abuse" means intentionally or knowingly
29 committing any battery, causing any physical or mental
30 injury, or committing any sexual offense set forth in
31 this Code.
32 (2) "Gross neglect" means recklessly failing to
33 provide adequate medical or personal care or maintenance,
34 which failure results in physical or mental injury or the
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1 deterioration of a physical or mental condition.
2 (3) "Neglect" means negligently failing to provide
3 adequate medical or personal care or maintenance, which
4 failure results in physical or mental injury or the
5 deterioration of a physical or mental condition.
6 (4) "Resident" means a person residing in a long
7 term care facility.
8 (5) "Owner" means the person who owns a long term
9 care facility as provided under the Nursing Home Care
10 Act.
11 (6) "Licensee" means the individual or entity
12 licensed to operate a facility under the Nursing Home
13 Care Act.
14 (7) "Facility" or "long term care facility" means a
15 private home, institution, building, residence, or any
16 other place, whether operated for profit or not, or a
17 county home for the infirm and chronically ill operated
18 pursuant to Division 5-21 or 5-22 of the Counties Code,
19 or any similar institution operated by the State of
20 Illinois or a political subdivision thereof, which
21 provides, through its ownership or management, personal
22 care, sheltered care or nursing for 3 or more persons not
23 related to the owner by blood or marriage. The term also
24 includes skilled nursing facilities and intermediate care
25 facilities as defined in Title XVIII and Title XIX of the
26 federal Social Security Act.
27 (e) Nothing contained in this Section shall be deemed to
28 apply to the medical supervision, regulation or control of
29 the remedial care or treatment of residents in a facility
30 conducted for those who rely upon treatment by prayer or
31 spiritual means in accordance with the creed or tenets of any
32 well recognized church or religious denomination and which is
33 licensed in accordance with Section 3-803 of the Nursing Home
34 Care Act.
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1 (Source: P.A. 86-820; 86-1475.)