Bill Text: IL SB0799 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Elder Abuse and Neglect Act. Makes a technical change in a Section concerning administrative rules.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0799 Detail]
Download: Illinois-2013-SB0799-Amended.html
Bill Title: Amends the Elder Abuse and Neglect Act. Makes a technical change in a Section concerning administrative rules.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0799 Detail]
Download: Illinois-2013-SB0799-Amended.html
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1 | AMENDMENT TO SENATE BILL 799
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2 | AMENDMENT NO. ______. Amend Senate Bill 799 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Adult Protective Services Act is amended by | ||||||
5 | changing Section 2 as follows:
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6 | (320 ILCS 20/2) (from Ch. 23, par. 6602)
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7 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
8 | context
requires otherwise:
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9 | (a) "Abuse" means causing any physical, mental or sexual | ||||||
10 | injury to an
eligible adult, including exploitation of such | ||||||
11 | adult's financial resources.
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12 | Nothing in this Act shall be construed to mean that an | ||||||
13 | eligible adult is a
victim of abuse, neglect, or self-neglect | ||||||
14 | for the sole reason that he or she is being
furnished with or | ||||||
15 | relies upon treatment by spiritual means through prayer
alone, | ||||||
16 | in accordance with the tenets and practices of a recognized |
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1 | church
or religious denomination.
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2 | Nothing in this Act shall be construed to mean that an | ||||||
3 | eligible adult is a
victim of abuse because of health care | ||||||
4 | services provided or not provided by
licensed health care | ||||||
5 | professionals.
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6 | (a-5) "Abuser" means a person who abuses, neglects, or | ||||||
7 | financially
exploits an eligible adult.
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8 | (a-6) "Adult with disabilities" means a person aged 18 | ||||||
9 | through 59 who resides in a domestic living situation and whose | ||||||
10 | disability impairs his or her ability to seek or obtain | ||||||
11 | protection from abuse, neglect, or exploitation. | ||||||
12 | (a-7) "Caregiver" means a person who either as a result of | ||||||
13 | a family
relationship, voluntarily, or in exchange for | ||||||
14 | compensation has assumed
responsibility for all or a portion of | ||||||
15 | the care of an eligible adult who needs
assistance with | ||||||
16 | activities of daily
living.
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17 | (b) "Department" means the Department on Aging of the State | ||||||
18 | of Illinois.
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19 | (c) "Director" means the Director of the Department.
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20 | (c-5) "Disability" means a physical or mental disability, | ||||||
21 | including, but not limited to, a developmental disability, an | ||||||
22 | intellectual disability, a mental illness as defined under the | ||||||
23 | Mental Health and Developmental Disabilities Code, or dementia | ||||||
24 | as defined under the Alzheimer's Disease Assistance Act. | ||||||
25 | (d) "Domestic living situation" means a residence where the | ||||||
26 | eligible
adult at the time of the report lives alone or with |
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1 | his or her family or a caregiver, or others,
or other | ||||||
2 | community-based unlicensed facility, but
is not:
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3 | (1) A licensed facility as defined in Section 1-113 of | ||||||
4 | the Nursing Home
Care Act;
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5 | (1.5) A facility licensed under the ID/DD Community | ||||||
6 | Care Act; | ||||||
7 | (1.7) A facility licensed under the Specialized Mental | ||||||
8 | Health Rehabilitation Act of 2013;
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9 | (2) A "life care facility" as defined in the Life Care | ||||||
10 | Facilities Act;
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11 | (3) A home, institution, or other place operated by the | ||||||
12 | federal
government or agency thereof or by the State of | ||||||
13 | Illinois;
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14 | (4) A hospital, sanitarium, or other institution, the | ||||||
15 | principal activity
or business of which is the diagnosis, | ||||||
16 | care, and treatment of human illness
through the | ||||||
17 | maintenance and operation of organized facilities | ||||||
18 | therefor,
which is required to be licensed under the | ||||||
19 | Hospital Licensing Act;
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20 | (5) A "community living facility" as defined in the | ||||||
21 | Community Living
Facilities Licensing Act;
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22 | (6) (Blank);
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23 | (7) A "community-integrated living arrangement" as | ||||||
24 | defined in
the Community-Integrated Living Arrangements | ||||||
25 | Licensure and Certification Act or a "community | ||||||
26 | residential alternative" as licensed under that Act;
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1 | (8) An assisted living or shared housing establishment | ||||||
2 | as defined in the Assisted Living and Shared Housing Act; | ||||||
3 | or
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4 | (9) A supportive living facility as described in | ||||||
5 | Section 5-5.01a of the Illinois Public Aid Code.
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6 | (e) "Eligible adult" means either an adult with | ||||||
7 | disabilities aged 18 through 59 or a person aged 60 or older | ||||||
8 | who
resides in a domestic living situation and is, or is | ||||||
9 | alleged
to be, abused, neglected, or financially exploited by | ||||||
10 | another individual or who neglects himself or herself.
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11 | (f) "Emergency" means a situation in which an eligible | ||||||
12 | adult is living
in conditions presenting a risk of death or | ||||||
13 | physical, mental or sexual
injury and the provider agency has | ||||||
14 | reason to believe the eligible adult is
unable to
consent to | ||||||
15 | services which would alleviate that risk.
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16 | (f-1) "Financial exploitation" means the use of an eligible | ||||||
17 | adult's resources by another to the disadvantage of that adult | ||||||
18 | or the profit or advantage of a person other than that adult. | ||||||
19 | (f-5) "Mandated reporter" means any of the following | ||||||
20 | persons
while engaged in carrying out their professional | ||||||
21 | duties:
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22 | (1) a professional or professional's delegate while | ||||||
23 | engaged in: (i) social
services, (ii) law enforcement, | ||||||
24 | (iii) education, (iv) the care of an eligible
adult or | ||||||
25 | eligible adults, or (v) any of the occupations required to | ||||||
26 | be licensed
under
the Clinical Psychologist Licensing Act, |
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1 | the Clinical Social Work and Social
Work Practice Act, the | ||||||
2 | Illinois Dental Practice Act, the Dietitian Nutritionist | ||||||
3 | Practice Act, the Marriage and Family Therapy Licensing | ||||||
4 | Act, the
Medical Practice Act of 1987, the Naprapathic | ||||||
5 | Practice Act, the
Nurse Practice Act, the Nursing Home
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6 | Administrators Licensing and
Disciplinary Act, the | ||||||
7 | Illinois Occupational Therapy Practice Act, the Illinois
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8 | Optometric Practice Act of 1987, the Pharmacy Practice Act, | ||||||
9 | the
Illinois Physical Therapy Act, the Physician Assistant | ||||||
10 | Practice Act of 1987,
the Podiatric Medical Practice Act of | ||||||
11 | 1987, the Respiratory Care Practice
Act,
the Professional | ||||||
12 | Counselor and
Clinical Professional Counselor Licensing | ||||||
13 | and Practice Act, the Illinois Speech-Language
Pathology | ||||||
14 | and Audiology Practice Act, the Veterinary Medicine and | ||||||
15 | Surgery
Practice Act of 2004, and the Illinois Public | ||||||
16 | Accounting Act;
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17 | (1.5) an employee of an entity providing developmental | ||||||
18 | disabilities services or service coordination funded by | ||||||
19 | the Department of Human Services;
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20 | (2) an employee of a vocational rehabilitation | ||||||
21 | facility prescribed or
supervised by the Department of | ||||||
22 | Human Services;
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23 | (3) an administrator, employee, or person providing | ||||||
24 | services in or through
an unlicensed community based | ||||||
25 | facility;
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26 | (4) any religious practitioner who provides treatment |
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1 | by prayer or spiritual means alone in accordance with the | ||||||
2 | tenets and practices of a recognized church or religious | ||||||
3 | denomination, except as to information received in any | ||||||
4 | confession or sacred communication enjoined by the | ||||||
5 | discipline of the religious denomination to be held | ||||||
6 | confidential;
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7 | (5) field personnel of the Department of Healthcare and | ||||||
8 | Family Services, Department of Public
Health, and | ||||||
9 | Department of Human Services, and any county or
municipal | ||||||
10 | health department;
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11 | (6) personnel of the Department of Human Services, the | ||||||
12 | Guardianship and
Advocacy Commission, the State Fire | ||||||
13 | Marshal, local fire departments, the
Department on Aging | ||||||
14 | and its subsidiary Area Agencies on Aging and provider
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15 | agencies, and the Office of State Long Term Care Ombudsman;
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16 | (7) any employee of the State of Illinois not otherwise | ||||||
17 | specified herein
who is involved in providing services to | ||||||
18 | eligible adults, including
professionals providing medical | ||||||
19 | or rehabilitation services and all
other persons having | ||||||
20 | direct contact with eligible adults;
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21 | (8) a person who performs the duties of a coroner
or | ||||||
22 | medical examiner; or
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23 | (9) a person who performs the duties of a paramedic or | ||||||
24 | an emergency
medical
technician ; or .
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25 | (10) any employee or officer of a bank, credit union, | ||||||
26 | or savings institution operating in Illinois who has direct |
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1 | customer contact through a face-to-face or telephonic | ||||||
2 | conversation. | ||||||
3 | (g) "Neglect" means
another individual's failure to | ||||||
4 | provide an eligible
adult with or willful withholding from an | ||||||
5 | eligible adult the necessities of
life including, but not | ||||||
6 | limited to, food, clothing, shelter or health care.
This | ||||||
7 | subsection does not create any new affirmative duty to provide | ||||||
8 | support to
eligible adults. Nothing in this Act shall be | ||||||
9 | construed to mean that an
eligible adult is a victim of neglect | ||||||
10 | because of health care services provided
or not provided by | ||||||
11 | licensed health care professionals.
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12 | (h) "Provider agency" means any public or nonprofit agency | ||||||
13 | in a planning
and service area that is selected by the | ||||||
14 | Department or appointed by the regional administrative agency | ||||||
15 | with prior
approval by the Department on Aging to receive and | ||||||
16 | assess reports of
alleged or suspected abuse, neglect, or | ||||||
17 | financial exploitation. A provider agency is also referenced as | ||||||
18 | a "designated agency" in this Act.
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19 | (i) "Regional administrative agency" means any public or | ||||||
20 | nonprofit
agency in a planning and service area that provides | ||||||
21 | regional oversight and performs functions as set forth in | ||||||
22 | subsection (b) of Section 3 of this Act. The Department may | ||||||
23 | serve as the regional administrative agency or it may designate | ||||||
24 | an Area Agency on Aging or another qualified entity to serve as | ||||||
25 | the regional administrative agency; such designation shall be | ||||||
26 | subject to terms set forth by the Department. so designated by |
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1 | the Department,
provided that the designated Area Agency on | ||||||
2 | Aging shall be designated the
regional administrative agency if | ||||||
3 | it so requests.
The Department shall assume the functions of | ||||||
4 | the regional administrative
agency for any planning and service | ||||||
5 | area where another agency is not so
designated.
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6 | (i-5) "Self-neglect" means a condition that is the result | ||||||
7 | of an eligible adult's inability, due to physical or mental | ||||||
8 | impairments, or both, or a diminished capacity, to perform | ||||||
9 | essential self-care tasks that substantially threaten his or | ||||||
10 | her own health, including: providing essential food, clothing, | ||||||
11 | shelter, and health care; and obtaining goods and services | ||||||
12 | necessary to maintain physical health, mental health, | ||||||
13 | emotional well-being, and general safety. The term includes | ||||||
14 | compulsive hoarding, which is characterized by the acquisition | ||||||
15 | and retention of large quantities of items and materials that | ||||||
16 | produce an extensively cluttered living space, which | ||||||
17 | significantly impairs the performance of essential self-care | ||||||
18 | tasks or otherwise substantially threatens life or safety.
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19 | (j) "Substantiated case" means a reported case of alleged | ||||||
20 | or suspected
abuse, neglect, financial exploitation, or | ||||||
21 | self-neglect in which a provider agency,
after assessment, | ||||||
22 | determines that there is reason to believe abuse,
neglect, or | ||||||
23 | financial exploitation has occurred.
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24 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300, | ||||||
25 | eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12; | ||||||
26 | 97-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff. |
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1 | 7-22-13; revised 9-19-13.)
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2 | Section 99. Effective date. This Act takes effect January | ||||||
3 | 1, 2015.".
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