(210 ILCS 85/9.6) (Text of Section from P.A. 103-803) Sec. 9.6. Patient protection from abuse. (a) No administrator, agent, or employee of a hospital or a hospital affiliate, or a member of a hospital's medical staff, may abuse a patient in the hospital or in a facility operated by a hospital affiliate. (b) Any hospital administrator, agent, employee, or medical staff member, or an administrator, employee, or physician employed by a hospital affiliate, 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 or hospital affiliate 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 or hospital affiliate 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 or hospital affiliate 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 or hospital affiliate'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 or hospital affiliate may contact the Illinois Guardianship and Advocacy Commission to determine the need for a temporary guardian of that person. (f) All internal hospital and hospital affiliate reviews shall be conducted by a designated 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 or hospital affiliate 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 or hospital affiliate. (h) The report required under this Section shall include: the name of the patient; the name and address of the hospital or hospital affiliate 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 or hospital affiliate shall adopt or employ practices or procedures designed to discourage good faith reporting of patient abuse under this Section. (k) Every hospital and hospital affiliate 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 or hospital affiliate'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 or hospital affiliate 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 or hospital affiliate 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 or hospital affiliate, 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 or hospital affiliate employee, agent, or medical staff member on a patient of the hospital or hospital affiliate and does not include any hospital or hospital affiliate, 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. "Hospital affiliate" has the meaning given to that term in Section 10.8. "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. (Source: P.A. 103-803, eff. 1-1-25.) (Text of Section from P.A. 104-465) Sec. 9.6. Patient protection from abuse. (a) No administrator, agent, or employee of a hospital or a hospital affiliate, or a member of a hospital's medical staff, may abuse a patient in the hospital or in a facility operated by a hospital affiliate. (b) Any hospital administrator, agent, employee, or medical staff member, or an administrator, employee, or physician employed by a hospital affiliate, 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 or hospital affiliate 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 or hospital affiliate 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 or hospital affiliate 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 or hospital affiliate'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 or hospital affiliate may contact the Department of Disability Advocacy and Guardianship to determine the need for a temporary guardian of that person. (f) All internal hospital and hospital affiliate reviews shall be conducted by a designated 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 or hospital affiliate 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 or hospital affiliate. (h) The report required under this Section shall include: the name of the patient; the name and address of the hospital or hospital affiliate 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 or hospital affiliate shall adopt or employ practices or procedures designed to discourage good faith reporting of patient abuse under this Section. (k) Every hospital and hospital affiliate 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 or hospital affiliate'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 or hospital affiliate 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 or hospital affiliate 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 or hospital affiliate, 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 or hospital affiliate employee, agent, or medical staff member on a patient of the hospital or hospital affiliate and does not include any hospital or hospital affiliate, 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. "Hospital affiliate" has the meaning given to that term in Section 10.8. "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. (Source: P.A. 103-803, eff. 1-1-25; 104-465, eff. 7-1-27.) (Text of Section from P.A. 104-764) Sec. 9.6. Patient protection; reports related to patient abuse and reportable conduct. (a) No administrator, agent, or employee of a hospital or a hospital affiliate, or a member of a hospital's medical staff, or any other staff providing contracted services in the hospital or hospital-affiliated clinic, may abuse a patient in the hospital or in a facility operated by a hospital affiliate. (a-1) A hospital or hospital affiliate shall adopt a written policy regarding patient protection from abuse and the logging and reporting of obligations under this Section. The Department may periodically conduct on-site reviews of such policies. (b) Any hospital administrator, agent, employee, or medical staff member, any hospital-affiliated clinic's professional staff under the hospital's or hospital's health system's ownership, or an administrator, employee, or physician employed by a hospital affiliate, who is made aware of allegations of abuse or reportable conduct or has reasonable cause to believe that any patient with whom he or she has direct contact has been subjected to abuse or reportable conduct in the hospital or hospital affiliate shall promptly provide an account of the allegation or belief or cause an account of the allegation or belief to be provided to a designated hospital administrator responsible for providing such reports to the Department as required by this Section. (c) Retaliatory action against a person who lawfully and in good faith provides an account or causes an account to be provided under subsection (b) is prohibited. (d) Upon receiving an account under subsection (b) of this Section, the hospital or hospital affiliate shall immediately initiate an internal review as set forth in subsection (f) of this Section. The hospital or hospital affiliate shall, within 48 hours after receiving the account, assess the information gathered in the internal review and determine whether reasonable cause to support the account exists, reasonable cause to support the account does not exist, or further investigation is needed. If it determines that reasonable cause to support the account exists or that further investigation is needed, the hospital or hospital affiliate shall submit a report of the account to the Department in accordance with subsection (g) within 24 hours after such determination. If it determines that reasonable cause to support the account does not exist, the hospital or hospital affiliate shall document and log the account, in accordance with subsection (g-1), within 24 hours after such determination. In the event that the hospital or hospital affiliate receives multiple accounts involving a single alleged instance of abuse or reportable conduct, the hospital or hospital affiliate shall submit one report to the Department. (d-1) If, at any time, additional evidence becomes available that changes the determination of whether there was reasonable cause to support the account or not, the hospital or hospital affiliate shall adjust its records accordingly. Specifically, (i) if the account was originally determined to be supported by reasonable cause, but subsequent evidence reveals that there is no reasonable cause, then the hospital or hospital affiliate shall file an amendment to its report to the Department so indicating, or (ii) if the account was originally determined not to be supported by reasonable cause, but subsequent evidence reveals that there is reasonable cause, then the hospital or hospital affiliate shall, within 24 hours, file a report with the Department in accordance with subsection (g) and update its log so indicating. (d-2) If the hospital or hospital affiliate requires additional time to make a determination whether there is reasonable cause to support an account or not in accordance with subsection (d) due to staff who need to be interviewed as part of the internal review not being available due to time off or not being scheduled to work, then the hospital or hospital affiliate shall have an additional 24 hours within which to report or log the account as required in subsection (d). In such an event, the hospital or hospital affiliate shall clearly note the fact in the report or log, as applicable, that the additional time was due to the unavailability of staff as specified in this subsection (d-2). (e) Upon receiving an account under subsection (b), the hospital or hospital affiliate shall promptly take necessary action 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: (i) removing suspected violators from further patient contact during the hospital's or hospital affiliate's internal review; (ii) requiring a third party to accompany the suspected violator while such person is engaged in patient care activities; or (iii) such other measures as deemed appropriate by the hospital administrator to ensure patient safety. If the alleged victim lacks decision-making capacity under the Health Care Surrogate Act and no health care surrogate is available, the hospital or hospital affiliate may contact the Illinois Guardianship and Advocacy Commission to determine the need for a temporary guardian of that person. (f) All hospital and hospital affiliate internal reviews shall be conducted by a designated 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 the policy adopted by the hospital or hospital affiliate pursuant to subsection (a-1). Internal reviews may include, but are not limited to: (i) interviewing the alleged victim and family members of the alleged victim, the suspected violator, and ancillary staff who may have witnessed the event or have knowledge of the event; (ii) with the alleged victim's consent, conducting physical exams and documenting any findings; (iii) reviewing any video recordings or other records that may be available; and (iv) such other investigatory activities as may be reasonable and appropriate. (g) A report required by subsection (d) shall be in writing and shall contain the following information: (1) the name of the hospital or hospital affiliate making the report and the name, address, telephone number, and email address of the administrator making the report on its behalf; (2) the name, address, telephone number, and email address of the person who is accused and, if the person is professionally licensed, the profession and professional license number of the person, if known; (3) the name, address, or other contact information of the individual or individuals who raised the allegation or belief that is the subject of the report; (4) the name and age of the patient involved and the nature of their condition, including any evidence of previous injuries or disabilities; (5) a description of the acts that are alleged to have occurred, including the location, date, and time of the alleged acts, and a copy of any document or file containing the allegations received by the hospital or hospital affiliate; (6) any extenuating information or further pertinent information that the reporting party deems to be an aid in the evaluation of the report, including, without limitation, information showing that the accused person was acting in self-defense; (7) a statement as to whether, at the time of the filing of the report, the hospital's or hospital affiliate's internal review is (i) complete or (ii) ongoing and, if still ongoing, an estimated date for completion; and (8) if the report concerns abuse of unknown cause, 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. (g-1) If an internal review conducted pursuant to subsections (d) and (f) determines that reasonable cause to support the account does not exist, the hospital or hospital affiliate shall document and log such findings within 24 hours after such determination. The log shall include the following information: (1) the name, address, telephone number, and email address of the person who was accused and, if the person is professionally licensed, the profession and professional license number of the person, if known; (2) the name, address, or other contact information of the individual or individuals who raised the allegation or belief that was the subject of the account; (3) the name and age of the patient involved and the nature of the patient's condition, including any evidence of previous injuries or disabilities; (4) a description of the acts that were alleged to have occurred, including the location, date, and time of the alleged acts, and a copy of any document or file containing the allegations received by the hospital or hospital affiliate; (5) any extenuating information or further pertinent information that the reporting party deems to be an aid in the evaluation of the report, including, without limitation, information showing that the accused person was acting in self-defense; (6) if the account concerns abuse of unknown cause, 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; (7) a summary of the investigation, including the steps taken during the investigation; (8) a summary of the investigation's findings, including why it was determined that reasonable cause to support the account did not exist; and (9) any other information that may be helpful in explaining the investigation or reason for the investigation's findings. Commencing on December 31, 2027, hospitals shall submit their logs to the Department twice per year. Additionally, the Department or the Department of Financial and Professional Regulation may request to review a hospital's log at any time and from time to time, and the hospital shall provide such logs. (h) Any other person may make a report of patient abuse or reportable conduct to the Department if that person has reasonable cause to believe that a patient has been abused or otherwise harmed in the hospital or hospital affiliate. (i) A report made under this Section does not create a presumption that the hospital or hospital affiliate that has submitted the report, or the persons against whom the allegations in the report are made, has committed a violation or a criminal act. Except for willful or wanton misconduct, any individual, person, institution, hospital, hospital affiliate, 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 or reportable conduct under this Section, shall have immunity from any liability, whether civil, professional, or criminal, that otherwise might result by reason of such actions, including, but not limited to, any defamation actions or tortious interference with contract action. For the purpose of any proceedings, whether civil, professional, or criminal, the good faith of any persons required to report cases of suspected abuse or reportable conduct under this Section or who disclose information concerning reports of abuse or reportable conduct in compliance with this Section, shall be presumed. (j) No administrator, agent, or employee of a hospital or hospital affiliate shall adopt or employ practices or procedures designed to discourage good faith reporting of patient abuse or reportable conduct under this Section. (k) (Blank). (l) The Department shall investigate each report made under this Section according to the procedures of the Department and review all logs submitted by hospitals twice per year, except that a report 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 or hospital affiliate's internal review of an allegation of abuse replace an investigation of the allegation by the Department. Within 30 days after receiving such a report, the Department shall provide the reporting organization with an update as to the status of the report indicating that the Department has completed the investigation or that the investigation is still ongoing. Thereafter, reporting organizations may contact the Department for updates as to status of reports and anticipated time frames for final disposition. The Department shall respond to all requests for a status update within 10 days. (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 or hospital affiliate and any other person making a report under subsection (h) 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 is substantiated following a full and proper investigation and a final Department decision has been made. (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 or hospital affiliate administrator, or an employee, agent, or medical staff member of the hospital or hospital affiliate administrator 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 or hospital affiliate, 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 or hospital affiliate employee, agent, or medical staff member on a patient of the hospital or hospital affiliate and does not include any hospital or hospital affiliate, 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. "Hospital affiliate" has the meaning given to that term in Section 10.8. "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. "Qualified to detect abuse" means that the individual is a risk manager, in-house or outside legal counsel, social worker, or other person who has experience or been trained in investigations of abuse allegations. "Reportable conduct" means conduct that a person who is working for or at the hospital or hospital affiliate has a duty to report under Section 2105-390 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. "Retaliatory action" has the meaning given to that term in Section 5 of the Whistleblower Act. "Sexual abuse" means any intentional act of sexual contact or sexual penetration of a patient in the hospital or any instance of sexual conduct. "Substantiated", with respect to a report of abuse, means that a preponderance of the evidence indicates that abuse occurred. (Source: P.A. 103-803, eff. 1-1-25; 104-764, eff. 1-1-27.)
Patient protection from abuse
210 ILCS 85/9.6, under Hospital Licensing Act.
210 ILCS 85/9.6