Bill Text: IL SB0855 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Provides that the Act may be referred to as the Residential Facility Safety and Support Act. Amends the Department of Human Services Act. In provisions concerning investigative reports issued by the Department of Human Services' Inspector General that pertain to allegations of resident abuse or neglect at State-operated mental health facilities, expands the list of reportable conduct to include material obstruction of an investigation by a facility employee. Requires the Inspector General to report to the Department of Public Health's Health Care Worker Registry, the identity and finding of each employee of a facility or agency against whom there is a final investigative report prepared by the Office of the Inspector General containing a substantiated allegation of material obstruction of an investigation. Defines "material obstruction of an investigation" and "presenting untruthful information". Amends the Mental Health and Developmental Disabilities Administrative Act. Prohibits mental health facilities or agencies that are licensed, certified, operated, or funded by the Department of Human Services from employing any person identified by the Health Care Worker Registry as having been the subject of a substantiated finding of physical abuse, sexual abuse, financial exploitation, egregious neglect, or material obstruction of an investigation (rather than abuse or neglect of a service recipient). Amends the Health Care Worker Background Check Act. Prohibits health care employers from hiring or retaining any individual in a position with duties involving direct care of clients, patients, or residents who has a finding by the Department of Human Services denoted on the Health Care Worker Registry of material obstruction of an investigation. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 16-8)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0076 [SB0855 Detail]

Download: Illinois-2023-SB0855-Chaptered.html

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Public Act 103-0076
SB0855 Enrolled LRB103 03314 RPS 48320 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Residential
Facility Safety and Support Act.
Section 5. The Department of Human Services Act is amended
by changing Section 1-17 as follows:
(20 ILCS 1305/1-17)
Sec. 1-17. Inspector General.
(a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded,
or certified by the Department of Human Services, but not
licensed or certified by any other State agency.

(b) Definitions. The following definitions apply to this
Section:
"Agency" or "community agency" means (i) a community
agency licensed, funded, or certified by the Department, but
not licensed or certified by any other human services agency
of the State, to provide mental health service or
developmental disabilities service, or (ii) a program
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of
the State, to provide mental health service or developmental
disabilities service.
"Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
"Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an
employee, facility, or agency against an individual or
individuals: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Day" means working day, unless otherwise specified.
"Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
"Department" means the Department of Human Services.

"Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
"Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a
gross failure to adequately provide for, or a callused
indifference to, the health, safety, or medical needs of an
individual and (ii) results in an individual's death or other
serious deterioration of an individual's physical condition or
mental condition.
"Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility
or agency. Also, "employee" includes any employee or
contractual agent of the Department of Human Services or the
community agency involved in providing or monitoring or
administering mental health or developmental disability
services. This includes but is not limited to: owners,
operators, payroll personnel, contractors, subcontractors, and
volunteers.
"Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
"Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the

employee's, facility's, or agency's own advantage or benefit.
"Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
"Health Care Worker Registry" or "Registry" means the
Health Care Worker Registry under the Health Care Worker
Background Check Act.
"Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
"Material obstruction of an investigation" means the
purposeful interference with an investigation of physical
abuse, sexual abuse, mental abuse, neglect, or financial
exploitation and includes, but is not limited to, the
withholding or altering of documentation or recorded evidence;
influencing, threatening, or impeding witness testimony;
presenting untruthful information during an interview; failing
to cooperate with an investigation conducted by the Office of
the Inspector General. If an employee, following a criminal
investigation of physical abuse, sexual abuse, mental abuse,
neglect, or financial exploitation, is convicted of an offense
that is factually predicated on the employee presenting
untruthful information during the course of the investigation,
that offense constitutes obstruction of an investigation.
Obstruction of an investigation does not include: an
employee's lawful exercising of his or her constitutional

right against self-incrimination, an employee invoking his or
her lawful rights to union representation as provided by a
collective bargaining agreement or the Illinois Public Labor
Relations Act, or a union representative's lawful activities
providing representation under a collective bargaining
agreement or the Illinois Public Labor Relations Act.
Obstruction of an investigation is considered material when it
could significantly impair an investigator's ability to gather
all relevant facts. An employee shall not be placed on the
Health Care Worker Registry for presenting untruthful
information during an interview conducted by the Office of the
Inspector General, unless, prior to the interview, the
employee was provided with any previous signed statements he
or she made during the course of the investigation.
"Mental abuse" means the use of demeaning, intimidating,
or threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress
or maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
"Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
"Mentally ill" means having a mental illness.
"Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating

the severity of the conduct, the culpability of the accused,
or both the severity of the conduct and the culpability of the
accused.
"Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results
in either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety
at substantial risk.
"Person with a developmental disability" means a person
having a developmental disability.
"Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
"Presenting untruthful information" means making a false
statement, material to an investigation of physical abuse,
sexual abuse, mental abuse, neglect, or financial
exploitation, knowing the statement is false.
"Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.

"Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Secretary" means the Chief Administrative Officer of the
Department.
"Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior. Sexual abuse also includes (i) an
employee's actions that result in the sending or showing of
sexually explicit images to an individual via computer,
cellular phone, electronic mail, portable electronic device,
or other media with or without contact with the individual or
(ii) an employee's posting of sexually explicit images of an
individual online or elsewhere whether or not there is contact
with the individual.
"Sexually explicit images" includes, but is not limited
to, any material which depicts nudity, sexual conduct, or
sado-masochistic abuse, or which contains explicit and
detailed verbal descriptions or narrative accounts of sexual
excitement, sexual conduct, or sado-masochistic abuse.
"Substantiated" means there is a preponderance of the
evidence to support the allegation.

"Unfounded" means there is no credible evidence to support
the allegation.
"Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
(c) Appointment. The Governor shall appoint, and the
Senate shall confirm, an Inspector General. The Inspector
General shall be appointed for a term of 4 years and shall
function within the Department of Human Services and report to
the Secretary and the Governor.
(d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
(e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,

the Inspector General may assist another agency of the State
in investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector
General for investigation.
(f) Limitations. The Inspector General shall not conduct
an investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection
limits investigations by the Department that may otherwise be
required by law or that may be necessary in the Department's
capacity as central administrative authority responsible for
the operation of the State's mental health and developmental

disabilities facilities.
(g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with,
an investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department
in preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
(h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons
receiving treatment for mental illness, developmental
disability, or both mental illness and developmental
disability, and (ii) establish and conduct periodic training
programs for facility and agency employees concerning the
prevention and reporting of any one or more of the following:

mental abuse, physical abuse, sexual abuse, neglect, egregious
neglect, or financial exploitation. The Inspector General
shall further ensure (i) every person authorized to conduct
investigations at community agencies receives ongoing training
in Title 59, Parts 115, 116, and 119 of the Illinois
Administrative Code, and (ii) every person authorized to
conduct investigations shall receive ongoing training in Title
59, Part 50 of the Illinois Administrative Code. Nothing in
this Section shall be deemed to prevent the Office of
Inspector General from conducting any other training as
determined by the Inspector General to be necessary or
helpful.
(i) Duty to cooperate.
(1) The Inspector General shall at all times be
granted access to any facility or agency for the purpose
of investigating any allegation, conducting unannounced
site visits, monitoring compliance with a written
response, or completing any other statutorily assigned
duty. The Inspector General shall conduct unannounced site
visits to each facility at least annually for the purpose
of reviewing and making recommendations on systemic issues
relative to preventing, reporting, investigating, and
responding to all of the following: mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, or
financial exploitation.
(2) Any employee who fails to cooperate with an Office

of the Inspector General investigation is in violation of
this Act. Failure to cooperate with an investigation
includes, but is not limited to, any one or more of the
following: (i) creating and transmitting a false report to
the Office of the Inspector General hotline, (ii)
providing false information to an Office of the Inspector
General Investigator during an investigation, (iii)
colluding with other employees to cover up evidence, (iv)
colluding with other employees to provide false
information to an Office of the Inspector General
investigator, (v) destroying evidence, (vi) withholding
evidence, or (vii) otherwise obstructing an Office of the
Inspector General investigation. Additionally, any
employee who, during an unannounced site visit or written
response compliance check, fails to cooperate with
requests from the Office of the Inspector General is in
violation of this Act.
(j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who

otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
(k) Reporting allegations and deaths.
(1) Allegations. If an employee witnesses, is told of,
or has reason to believe an incident of mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation has occurred, the employee, agency, or
facility shall report the allegation by phone to the
Office of the Inspector General hotline according to the
agency's or facility's procedures, but in no event later
than 4 hours after the initial discovery of the incident,
allegation, or suspicion of any one or more of the
following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation. A required reporter as
defined in subsection (b) of this Section who knowingly or
intentionally fails to comply with these reporting
requirements is guilty of a Class A misdemeanor.
(2) Deaths. Absent an allegation, a required reporter
shall, within 24 hours after initial discovery, report by
phone to the Office of the Inspector General hotline each
of the following:
(i) Any death of an individual occurring within 14
calendar days after discharge or transfer of the
individual from a residential program or facility.

(ii) Any death of an individual occurring within
24 hours after deflection from a residential program
or facility.
(iii) Any other death of an individual occurring
at an agency or facility or at any Department-funded
site.
(3) Retaliation. It is a violation of this Act for any
employee or administrator of an agency or facility to take
retaliatory action against an employee who acts in good
faith in conformance with his or her duties as a required
reporter.
(l) Reporting to law enforcement. Reporting criminal acts.
Within 24 hours after determining that there is credible
evidence indicating that a criminal act may have been
committed or that special expertise may be required in an
investigation, the Inspector General shall notify the Illinois
State Police or other appropriate law enforcement authority,
or ensure that such notification is made. The Illinois State
Police shall investigate any report from a State-operated
facility indicating a possible murder, sexual assault, or
other felony by an employee. All investigations conducted by
the Inspector General shall be conducted in a manner designed
to ensure the preservation of evidence for possible use in a
criminal prosecution.
(m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an

investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, finding an
allegation is unsubstantiated, or if a recommendation is made,
the Inspector General shall provide the investigative report
on the case to the Secretary and to the director of the
facility or agency where any one or more of the following
occurred: mental abuse, physical abuse, sexual abuse, neglect,
egregious neglect, or financial exploitation, or material
obstruction of an investigation. The director of the facility
or agency shall be responsible for maintaining the
confidentiality of the investigative report consistent with
State and federal law. In a substantiated case, the
investigative report shall include any mitigating or
aggravating circumstances that were identified during the
investigation. If the case involves substantiated neglect, the
investigative report shall also state whether egregious
neglect was found. An investigative report may also set forth
recommendations. All investigative reports prepared by the
Office of the Inspector General shall be considered
confidential and shall not be released except as provided by
the law of this State or as required under applicable federal
law. Unsubstantiated and unfounded reports shall not be
disclosed except as allowed under Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act. Raw

data used to compile the investigative report shall not be
subject to release unless required by law or a court order.
"Raw data used to compile the investigative report" includes,
but is not limited to, any one or more of the following: the
initial complaint, witness statements, photographs,
investigator's notes, police reports, or incident reports. If
the allegations are substantiated, the victim, the victim's
guardian, and the accused shall be provided with a redacted
copy of the investigative report. Death reports where there
was no allegation of abuse or neglect shall only be released
pursuant to applicable State or federal law or a valid court
order. Unredacted investigative reports, as well as raw data,
may be shared with a local law enforcement entity, a State's
Attorney's office, or a county coroner's office upon written
request.
(n) Written responses, clarification requests, and
reconsideration requests.
(1) Written responses. Within 30 calendar days from
receipt of a substantiated investigative report or an
investigative report which contains recommendations,
absent a reconsideration request, the facility or agency
shall file a written response that addresses, in a concise
and reasoned manner, the actions taken to: (i) protect the
individual; (ii) prevent recurrences; and (iii) eliminate
the problems identified. The response shall include the
implementation and completion dates of such actions. If

the written response is not filed within the allotted 30
calendar day period, the Secretary shall determine the
appropriate corrective action to be taken.
(2) Requests for clarification. The facility, agency,
victim or guardian, or the subject employee may request
that the Office of Inspector General clarify the finding
or findings for which clarification is sought.
(3) Requests for reconsideration. The facility,
agency, victim or guardian, or the subject employee may
request that the Office of the Inspector General
reconsider the finding or findings or the recommendations.
A request for reconsideration shall be subject to a
multi-layer review and shall include at least one reviewer
who did not participate in the investigation or approval
of the original investigative report. After the
multi-layer review process has been completed, the
Inspector General shall make the final determination on
the reconsideration request. The investigation shall be
reopened if the reconsideration determination finds that
additional information is needed to complete the
investigative record.
(o) Disclosure of the finding by the Inspector General.
The Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the

complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
(p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure, or certification,
or (iv) the imposition of appropriate sanctions.
(q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30-day period, the facility or agency
shall send updated implementation reports every 60 days until
completion. The Inspector General shall conduct a review of
any implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a

random review of approved written responses, which may
include, but are not limited to: (i) site visits, (ii)
telephone contact, and (iii) requests for additional
documentation evidencing compliance.
(r) Sanctions. Sanctions, if imposed by the Secretary
under Subdivision (p)(iv) of this Section, shall be designed
to prevent further acts of mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation or some combination of one or more of those acts
at a facility or agency, and may include any one or more of the
following:
(1) Appointment of on-site monitors.
(2) Transfer or relocation of an individual or
individuals.
(3) Closure of units.
(4) Termination of any one or more of the following:
(i) Department licensing, (ii) funding, or (iii)
certification.
The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's
Attorney in implementing sanctions.
(s) Health Care Worker Registry.
(1) Reporting to the Registry. The Inspector General
shall report to the Department of Public Health's Health
Care Worker Registry, a public registry, the identity and
finding of each employee of a facility or agency against

whom there is a final investigative report prepared by the
Office of the Inspector General containing a substantiated
allegation of physical or sexual abuse, financial
exploitation, or egregious neglect of an individual, or
material obstruction of an investigation, unless the
Inspector General requests a stipulated disposition of the
investigative report that does not include the reporting
of the employee's name to the Health Care Worker Registry
and the Secretary of Human Services agrees with the
requested stipulated disposition.
(2) Notice to employee. Prior to reporting the name of
an employee, the employee shall be notified of the
Department's obligation to report and shall be granted an
opportunity to request an administrative hearing, the sole
purpose of which is to determine if the substantiated
finding warrants reporting to the Registry. Notice to the
employee shall contain a clear and concise statement of
the grounds on which the report to the Registry is based,
offer the employee an opportunity for a hearing, and
identify the process for requesting such a hearing. Notice
is sufficient if provided by certified mail to the
employee's last known address. If the employee fails to
request a hearing within 30 days from the date of the
notice, the Inspector General shall report the name of the
employee to the Registry. Nothing in this subdivision
(s)(2) shall diminish or impair the rights of a person who

is a member of a collective bargaining unit under the
Illinois Public Labor Relations Act or under any other
federal labor statute.
(3) Registry hearings. If the employee requests an
administrative hearing, the employee shall be granted an
opportunity to appear before an administrative law judge
to present reasons why the employee's name should not be
reported to the Registry. The Department shall bear the
burden of presenting evidence that establishes, by a
preponderance of the evidence, that the substantiated
finding warrants reporting to the Registry. After
considering all the evidence presented, the administrative
law judge shall make a recommendation to the Secretary as
to whether the substantiated finding warrants reporting
the name of the employee to the Registry. The Secretary
shall render the final decision. The Department and the
employee shall have the right to request that the
administrative law judge consider a stipulated disposition
of these proceedings.
(4) Testimony at Registry hearings. A person who makes
a report or who investigates a report under this Act shall
testify fully in any judicial proceeding resulting from
such a report, as to any evidence of abuse or neglect, or
the cause thereof. No evidence shall be excluded by reason
of any common law or statutory privilege relating to
communications between the alleged perpetrator of abuse or

neglect, or the individual alleged as the victim in the
report, and the person making or investigating the report.
Testimony at hearings is exempt from the confidentiality
requirements of subsection (f) of Section 10 of the Mental
Health and Developmental Disabilities Confidentiality Act.
(5) Employee's rights to collateral action. No
reporting to the Registry shall occur and no hearing shall
be set or proceed if an employee notifies the Inspector
General in writing, including any supporting
documentation, that he or she is formally contesting an
adverse employment action resulting from a substantiated
finding by complaint filed with the Illinois Civil Service
Commission, or which otherwise seeks to enforce the
employee's rights pursuant to any applicable collective
bargaining agreement. If an action taken by an employer
against an employee as a result of a finding of physical
abuse, sexual abuse, or egregious neglect is overturned
through an action filed with the Illinois Civil Service
Commission or under any applicable collective bargaining
agreement and if that employee's name has already been
sent to the Registry, the employee's name shall be removed
from the Registry.
(6) Removal from Registry. At any time after the
report to the Registry, but no more than once in any
12-month period, an employee may petition the Department
in writing to remove his or her name from the Registry.

Upon receiving notice of such request, the Inspector
General shall conduct an investigation into the petition.
Upon receipt of such request, an administrative hearing
will be set by the Department. At the hearing, the
employee shall bear the burden of presenting evidence that
establishes, by a preponderance of the evidence, that
removal of the name from the Registry is in the public
interest. The parties may jointly request that the
administrative law judge consider a stipulated disposition
of these proceedings.
(t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving Health Care
Worker Registry hearings. Final administrative decisions of
the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
(u) Quality Care Board. There is created, within the
Office of the Inspector General, a Quality Care Board to be
composed of 7 members appointed by the Governor with the
advice and consent of the Senate. One of the members shall be
designated as chairman by the Governor. Of the initial
appointments made by the Governor, 4 Board members shall each
be appointed for a term of 4 years and 3 members shall each be
appointed for a term of 2 years. Upon the expiration of each
member's term, a successor shall be appointed for a term of 4
years. In the case of a vacancy in the office of any member,

the Governor shall appoint a successor for the remainder of
the unexpired term.
Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or care of persons with developmental
disabilities. Two members appointed by the Governor shall be
persons with a disability or parents of persons with a
disability. Members shall serve without compensation, but
shall be reimbursed for expenses incurred in connection with
the performance of their duties as members.
The Board shall meet quarterly, and may hold other
meetings on the call of the chairman. Four members shall
constitute a quorum allowing the Board to conduct its
business. The Board may adopt rules and regulations it deems
necessary to govern its own procedures.
The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure
the prompt and thorough investigation of allegations of
neglect and abuse. In fulfilling these responsibilities, the
Board may do the following:
(1) Provide independent, expert consultation to the
Inspector General on policies and protocols for
investigations of alleged abuse, neglect, or both abuse
and neglect.
(2) Review existing regulations relating to the

operation of facilities.
(3) Advise the Inspector General as to the content of
training activities authorized under this Section.
(4) Recommend policies concerning methods for
improving the intergovernmental relationships between the
Office of the Inspector General and other State or federal
offices.
(v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or
identifying information of any individual, but shall include
objective data identifying any trends in the number of
reported allegations, the timeliness of the Office of the
Inspector General's investigations, and their disposition, for
each facility and Department-wide, for the most recent 3-year
time period. The report shall also identify, by facility, the
staff-to-patient ratios taking account of direct care staff
only. The report shall also include detailed recommended
administrative actions and matters for consideration by the
General Assembly.

(w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an
as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's
compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency.
The Auditor General shall conduct the program audit according
to the provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 following the audit period.
(x) Nothing in this Section shall be construed to mean
that an individual is a victim of abuse or neglect because of
health care services appropriately provided or not provided by
health care professionals.
(y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to an
individual in contravention of that individual's stated or
implied objection to the provision of that service on the
ground that that service conflicts with the individual's
religious beliefs or practices, nor shall the failure to
provide a service to an individual be considered abuse under
this Section if the individual has objected to the provision
of that service based on his or her religious beliefs or
practices.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;

102-883, eff. 5-13-22; 102-1071, eff. 6-10-22; revised
7-26-22.)
Section 10. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
7.3 as follows:
(20 ILCS 1705/7.3)
Sec. 7.3. Health Care Worker Registry; finding of abuse or
neglect. The Department shall require that no facility,
service agency, or support agency providing mental health or
developmental disability services that is licensed, certified,
operated, or funded by the Department shall employ a person,
in any capacity, who is identified by the Health Care Worker
Registry as having been the subject of a substantiated finding
of physical abuse, sexual abuse, financial exploitation,
egregious neglect, or material obstruction of an investigation
abuse or neglect of a service recipient. Any owner or operator
of a community agency who is identified by the Health Care
Worker Registry as having been the subject of a substantiated
finding of physical abuse, sexual abuse, financial
exploitation, egregious neglect, or material obstruction of an
investigation abuse or neglect of a service recipient is
prohibited from any involvement in any capacity with the
provision of Department funded mental health or developmental
disability services. The Department shall establish and

maintain the rules that are necessary or appropriate to
effectuate the intent of this Section. The provisions of this
Section shall not apply to any facility, service agency, or
support agency licensed or certified by a State agency other
than the Department, unless operated by the Department of
Human Services.
(Source: P.A. 100-432, eff. 8-25-17.)
Section 15. The Health Care Worker Background Check Act is
amended by changing Section 25 as follows:
(225 ILCS 46/25)
Sec. 25. Hiring of people with criminal records by health
care employers and long-term care facilities.
(a) A health care employer or long-term care facility may
hire, employ, or retain any individual in a position involving
direct care for clients, patients, or residents, or access to
the living quarters or the financial, medical, or personal
records of clients, patients, or residents who has been
convicted of committing or attempting to commit one or more of
the following offenses only with a waiver described in Section
40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,
10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,
11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,

12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,
12-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,
19-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,
24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or
in subsection (a) of Section 12-3 or subsection (a) or (b) of
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
Code of 2012; those provided in Section 4 of the Wrongs to
Children Act; those provided in Section 53 of the Criminal
Jurisprudence Act; those defined in subsection (c), (d), (e),
(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the
Cannabis Control Act; those defined in the Methamphetamine
Control and Community Protection Act; those defined in
Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
Illinois Controlled Substances Act; or subsection (a) of
Section 3.01, Section 3.02, or Section 3.03 of the Humane Care
for Animals Act.
(a-1) A health care employer or long-term care facility
may hire, employ, or retain any individual in a position
involving direct care for clients, patients, or residents, or
access to the living quarters or the financial, medical, or
personal records of clients, patients, or residents who has
been convicted of committing or attempting to commit one or
more of the following offenses only with a waiver described in

Section 40: those offenses defined in Section 12-3.3,
12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,
17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or
24-3.3, or subsection (b) of Section 17-32, subsection (b) of
Section 18-1, or subsection (b) of Section 20-1, of the
Criminal Code of 1961 or the Criminal Code of 2012; Section 4,
5, 6, 8, or 17.02 of the Illinois Credit Card and Debit Card
Act; or Section 11-9.1A of the Criminal Code of 1961 or the
Criminal Code of 2012 or Section 5.1 of the Wrongs to Children
Act; or (ii) violated Section 50-50 of the Nurse Practice Act.
A health care employer is not required to retain an
individual in a position with duties involving direct care for
clients, patients, or residents, and no long-term care
facility is required to retain an individual in a position
with duties that involve or may involve contact with residents
or access to the living quarters or the financial, medical, or
personal records of residents, who has been convicted of
committing or attempting to commit one or more of the offenses
enumerated in this subsection.
(b) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,
patients, or residents, and no long-term care facility shall
knowingly hire, employ, or retain, whether paid or on a
volunteer basis, any individual in a position with duties that
involve or may involve contact with residents or access to the

living quarters or the financial, medical, or personal records
of residents, if the health care employer becomes aware that
the individual has been convicted in another state of
committing or attempting to commit an offense that has the
same or similar elements as an offense listed in subsection
(a) or (a-1), as verified by court records, records from a
state agency, or an FBI criminal history record check, unless
the applicant or employee obtains a waiver pursuant to Section
40 of this Act. This shall not be construed to mean that a
health care employer has an obligation to conduct a criminal
history records check in other states in which an employee has
resided.
(c) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,
patients, or residents, who has a finding by the Department of
abuse, neglect, misappropriation of property, or theft denoted
on the Health Care Worker Registry.
(d) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,
patients, or residents if the individual has a verified and
substantiated finding of abuse, neglect, or financial
exploitation, as identified within the Adult Protective
Service Registry established under Section 7.5 of the Adult
Protective Services Act.

(e) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,
patients, or residents who has a finding by the Department of
Human Services denoted on the Health Care Worker Registry of
physical or sexual abuse, financial exploitation, or egregious
neglect, or material obstruction of an investigation of an
individual denoted on the Health Care Worker Registry.
(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.