Bill Text: IL SB0121 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Adult Protective Services Act. Makes a technical change in a Section concerning reports of abuse or neglect.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-04-21 - Re-referred to Assignments [SB0121 Detail]

Download: Illinois-2015-SB0121-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0121 Introduced 1/28/2015, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
320 ILCS 20/4 from Ch. 23, par. 6604
Amends the Adult Protective Services Act. Makes a technical change in a Section concerning reports of abuse or neglect.
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A BILL FOR
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AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adult Protective Services Act is amended by
changing Section 4 as follows:
(320 ILCS 20/4) (from Ch. 23, par. 6604)
Sec. 4. Reports of abuse or neglect.
(a) Any person who suspects the the abuse, neglect,
financial exploitation, or self-neglect of an eligible adult
may report this suspicion to an agency designated to receive
such reports under this Act or to the Department.
(a-5) If any mandated reporter has reason to believe that
an eligible adult, who because of a disability or other
condition or impairment 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

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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, 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, or agency or his or her
designated agent that the report has been made. Under no
circumstances shall any person in charge of such institution,
facility, or agency, or his or her 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 abused, neglected, or financially
exploited eligible adults and shall not constitute grounds for
failure to report as required by this Act.
(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
disciplinary action on account of making the report,

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notwithstanding any requirements concerning the
confidentiality of information with respect to such eligible
adult which might otherwise be applicable.
(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.
(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
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,
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

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participating in an investigation of a report of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect shall be presumed.
(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
or other agency provided for in this Act only with such
person's written consent or by court order, but is otherwise
confidential.
(d) The Department shall by rule establish a system for
filing and compiling reports made under this Act.
(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
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

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is guilty of a Class A misdemeanor.
(Source: P.A. 97-860, eff. 7-30-12; 98-49, eff. 7-1-13;
98-1039, eff. 8-25-14.)