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| Public Act 096-0692 |
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AN ACT concerning regulation.
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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 Hospital Licensing Act is amended by | ||||
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 | ||||
shall make or
cause
to be made such inspections and
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investigations as it deems necessary, except that, subject to | ||||
appropriation, the Department shall investigate every | ||||
allegation of abuse of a patient received by the Department. | ||||
Information received by the
Department through filed reports, | ||||
inspection, or as otherwise authorized
under this Act shall not | ||||
be disclosed publicly in such manner as to
identify individuals | ||||
or hospitals, except (i) in a proceeding involving the
denial, | ||||
suspension, or revocation of a permit to establish a hospital | ||||
or a
proceeding involving the denial, suspension, or revocation | ||||
of a license to
open, conduct, operate, and maintain a | ||||
hospital, (ii) to the Department of
Children and Family | ||||
Services in the course of a child abuse or neglect
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investigation conducted by that Department or by the Department | ||||
of Public
Health, (iii) in accordance with Section 6.14a of | ||||
this Act, or (iv)
in other circumstances as may be approved by | ||||
the Hospital Licensing 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) | ||
Sec. 9.6. Patient protection from abuse. | ||
(a) No administrator, agent, or employee of a hospital or a | ||
member of its medical staff may abuse a patient in the | ||
hospital. | ||
(b) Any hospital administrator, agent, employee, or | ||
medical staff member who has reasonable cause to believe that | ||
any patient with whom he or she has direct contact has been | ||
subjected to abuse in the hospital shall promptly report or | ||
cause a report to be made to a designated hospital | ||
administrator responsible for providing such reports to the | ||
Department as required by this Section. | ||
(c) Retaliation against a person who lawfully and in good | ||
faith makes a report under this Section is prohibited. | ||
(d) Upon receiving a report under subsection (b) of this | ||
Section, the hospital shall submit the report to the Department | ||
within 24 hours of obtaining such report. In the event that the | ||
hospital receives multiple reports involving a single alleged | ||
instance of abuse, the hospital shall submit one report to the | ||
Department. | ||
(e) Upon receiving a report under this Section, the | ||
hospital shall promptly conduct an internal review to ensure | ||
the alleged victim's safety. Measures to protect the alleged | ||
victim shall be taken as deemed necessary by the hospital's | ||
administrator and may include, but are not limited to, removing | ||
suspected violators from further patient contact during the | ||
hospital's internal review. If the alleged victim lacks | ||
decision-making capacity under the Health Care Surrogate Act | ||
and no health care surrogate is available, the hospital may | ||
contact the Illinois Guardianship and Advocacy Commission to | ||
determine the need for a temporary guardian of that person. | ||
(f) All internal hospital reviews shall be conducted by a | ||
designated hospital employee or agent who is qualified to | ||
detect abuse and is not involved in the alleged victim's | ||
treatment. All internal review findings must be documented and | ||
filed according to hospital procedures and shall be made | ||
available to the Department upon request. | ||
(g) Any other person may make a report of patient abuse to | ||
the Department if that person has reasonable cause to believe | ||
that a patient has been abused in the hospital. | ||
(h) The report required under this Section shall include: | ||
the name of the patient; the name and address of the hospital | ||
treating the patient; the age of the patient; the nature of the | ||
patient's condition, including any evidence of previous | ||
injuries or disabilities; and any other information that the | ||
reporter believes might be helpful in establishing the cause of | ||
the reported abuse and the identity of the person believed to | ||
have caused the abuse. | ||
(i) Except for willful or wanton misconduct, any | ||
individual, person, institution, or agency participating in | ||
good faith in the making of a report under this Section, or in | ||
the investigation of such a report or in making a disclosure of | ||
information concerning reports of abuse under this Section, | ||
shall have immunity from any liability, whether civil, | ||
professional, or criminal, that otherwise might result by | ||
reason of such actions. For the purpose of any proceedings, | ||
whether civil, professional, or criminal, the good faith of any | ||
persons required to report cases of suspected abuse under this | ||
Section or who disclose information concerning reports of abuse | ||
in compliance with this Section, shall be presumed. | ||
(j) No administrator, agent, or employee of a hospital | ||
shall adopt or employ practices or procedures designed to | ||
discourage good faith reporting of patient abuse under this | ||
Section. | ||
(k) Every hospital shall ensure that all new and existing | ||
employees are trained in the detection and reporting of abuse | ||
of patients and retrained at least every 2 years thereafter. | ||
(l) The Department shall investigate each report of patient | ||
abuse made under this Section according to the procedures of | ||
the Department, except that a report of abuse which indicates | ||
that a patient's life or safety is in imminent danger shall be | ||
investigated within 24 hours of such report. Under no | ||
circumstances may a hospital's internal review of an allegation | ||
of abuse replace an investigation of the allegation by the | ||
Department. | ||
(m) The Department shall keep a continuing record of all | ||
reports made pursuant to this Section, including indications of | ||
the final determination of any investigation and the final | ||
disposition of all reports. The Department shall inform the | ||
investigated hospital and any other person making a report | ||
under subsection (g) of its final determination or disposition | ||
in writing. | ||
(n) The Department shall not disclose to the public any | ||
information regarding any reports and investigations under | ||
this Section unless and until the report of abuse is | ||
substantiated following a full and proper investigation. | ||
(o) All patient identifiable information in any report or | ||
investigation under this Section shall be confidential and | ||
shall not be disclosed except as authorized by this Act or | ||
other applicable law. | ||
(p) Nothing in this Section relieves a hospital | ||
administrator, employee, agent, or medical staff member from | ||
contacting appropriate law enforcement authorities as required | ||
by law. | ||
(q) Nothing in this Section shall be construed to mean that | ||
a patient is a victim of abuse because of health care services | ||
provided or not provided by health care professionals. | ||
(r) Nothing in this Section shall require a hospital, | ||
including its employees, agents, and medical staff members, to | ||
provide any services to a patient in contravention of his or | ||
her stated or implied objection thereto upon grounds that such | ||
services conflict with his or her religious beliefs or | ||
practices, nor shall such a patient be considered abused under | ||
this Section for the exercise of such beliefs or practices. | ||
(s) The Department's implementation of this Section is | ||
subject to appropriations to the Department for that purpose. | ||
(t) As used in this Section, the following terms have the | ||
following meanings: | ||
"Abuse" means any physical or mental injury or sexual abuse | ||
intentionally inflicted by a hospital employee, agent, or | ||
medical staff member on a patient of the hospital and does not | ||
include any hospital, medical, health care, or other personal | ||
care services done in good faith in the interest of the patient | ||
according to established medical and clinical standards of | ||
care. | ||
"Mental injury" means intentionally caused emotional | ||
distress in a patient from words or gestures that would be | ||
considered by a reasonable person to be humiliating, harassing, | ||
or threatening and which causes observable and substantial | ||
impairment. | ||
"Sexual abuse" means any intentional act of sexual contact | ||
or sexual penetration of a patient in the hospital. | ||
"Substantiated", with respect to a report of abuse, means | ||
that a preponderance of the evidence indicates that abuse | ||
occurred.
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