Bill Text: IL HB3805 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Developmental Disability Institutional Safety Act. Contains a short title provision and legislative findings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB3805 Detail]

Download: Illinois-2009-HB3805-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3805 Introduced 2/25/2009, by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED:
New Act
Creates the Developmental Disability Institutional Safety Act. Contains a short title provision and legislative findings.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Developmental Disability Institutional Safety Act.
Section 5. Legislative Findings. The General Assembly
finds that it is in the interest of the people of the State of
Illinois to:
(1) Develop independent interdisciplinary teams of
monitors, approved by the Illinois Departments of Public
Health and Human Services, to ensure on a routine basis the
safety and well-being of the individuals residing at each
state-operated developmental disability institution.
(2) Require the monitoring teams to produce quarterly
reports of their observations and release those reports to
Equip for Equality and the Departments of Public Health and
Human Services to develop and implement the steps necessary
to ensure that individuals are safe and receive quality
services and medical care.
(3) Develop an independent team of medical experts from
the private sector, including forensic pathologists,
doctors, and nurses, to examine all deaths at
State-operated developmental disability institutions, to

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render findings regarding the adequacy of medical care and
treatment, and to release those findings to the Departments
of Public Health and Human Services as well as Equip for
Equality to prevent further tragedies.
(4) Expand the definition of abuse of individuals with
disabilities to include inadequate medical care that,
regardless of the final cause of death, compromises an
individual's health or leads to serious medical
consequences followed by the individual's death.
(5) Expand the definition of neglect to include the
failure to follow medical and personal care protocols, such
as dietary restrictions, regardless of whether that
failure causes injury.
(6) Require the Departments of Human Services and
Public Health, along with facility administrators and
medical directors, to develop a plan of prevention
following the death of any individual at a State-run
developmental disability institution to ensure that
similar deaths do not occur.
(7) Ensure that individuals with disabilities and
their guardians and families receive sufficient
information to understand their rights and to allow for
informed decision making regarding the provision of