Bill Text: IL HB3786 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Mental Health and Developmental Disabilities Code. Provides that 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. Provides that 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. Defines "credible evidence".

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0501 [HB3786 Detail]

Download: Illinois-2021-HB3786-Chaptered.html

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Public Act 102-0501
HB3786 Enrolled LRB102 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.)