Bill Text: IL SB2294 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Health Care Violence Prevention Act. Makes changes to defined terms. In provisions concerning workplace safety, provides that a health care worker may not be discouraged from contacting law enforcement or the Department of Public Health regarding workplace violence, and a health care provider may not hold a policy that limits such contact. Adds additional requirements to the workplace violence prevention program, including reporting requirements and identifying the need for additional security and alarms, adequate exit routes, monitoring systems, barrier protections, lighting, entry procedures, and systems to identify and flag persons who have previously committed violent acts in the health care provider space. Sets forth provisions concerning violent incident investigations, and recordkeeping and reporting requirements for health care providers regarding violent incidents. Establishes penalties for failure to comply with the Act. Amends the Freedom of Information Act. Exempts from public disclosure workplace violence records maintained by health care providers as required under a specified provision of the Health Care Violence Prevention Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Referred to Assignments [SB2294 Detail]

Download: Illinois-2025-SB2294-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2294 Introduced 2/7/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
5 ILCS 140/7
210 ILCS 160/5
210 ILCS 160/15
210 ILCS 160/20
210 ILCS 160/25.1 new
210 ILCS 160/25.2 new
210 ILCS 160/25.3 new
210 ILCS 160/40 new
Amends the Health Care Violence Prevention Act. Makes changes to defined terms. In provisions concerning workplace safety, provides that a health care worker may not be discouraged from contacting law enforcement or the Department of Public Health regarding workplace violence, and a health care provider may not hold a policy that limits such contact. Adds additional requirements to the workplace violence prevention program, including reporting requirements and identifying the need for additional security and alarms, adequate exit routes, monitoring systems, barrier protections, lighting, entry procedures, and systems to identify and flag persons who have previously committed violent acts in the health care provider space. Sets forth provisions concerning violent incident investigations, and recordkeeping and reporting requirements for health care providers regarding violent incidents. Establishes penalties for failure to comply with the Act. Amends the Freedom of Information Act. Exempts from public disclosure workplace violence records maintained by health care providers as required under a specified provision of the Health Care Violence Prevention Act.
LRB104 11135 BAB 21217 b
A BILL FOR
SB2294 LRB104 11135 BAB 21217 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and

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specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative

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enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic crashes, traffic crash reports,
and rescue reports shall be provided by agencies of
local government, except when disclosure would
interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law

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enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(d-7) Information gathered or records created from the
use of automatic license plate readers in connection with
Section 2-130 of the Illinois Vehicle Code.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those

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materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited

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to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,

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privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage

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to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or

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university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative

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proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those

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negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance (including any
intergovernmental risk management association or
self-insurance pool) claims, loss or risk management
information, records, data, advice, or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,

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codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities

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Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park

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districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of

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Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) Records described in subsection (f) of Section
3-5-1 of the Unified Code of Corrections.
(pp) Any and all information regarding burials,
interments, or entombments of human remains as required to
be reported to the Department of Natural Resources
pursuant either to the Archaeological and Paleontological

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Resources Protection Act or the Human Remains Protection
Act.
(qq) Reports described in subsection (e) of Section
16-15 of the Abortion Care Clinical Training Program Act.
(rr) Information obtained by a certified local health
department under the Access to Public Health Data Act.
(ss) For a request directed to a public body that is
also a HIPAA-covered entity, all information that is
protected health information, including demographic
information, that may be contained within or extracted
from any record held by the public body in compliance with
State and federal medical privacy laws and regulations,
including, but not limited to, the Health Insurance
Portability and Accountability Act and its regulations, 45
CFR Parts 160 and 164. As used in this paragraph,
"HIPAA-covered entity" has the meaning given to the term
"covered entity" in 45 CFR 160.103 and "protected health
information" has the meaning given to that term in 45 CFR
160.103.
(tt) Proposals or bids submitted by engineering
consultants in response to requests for proposal or other
competitive bidding requests by the Department of
Transportation or the Illinois Toll Highway Authority.
(uu) Records described in Section 25.2 of the Health
Care Violence Prevention Act.
(1.5) Any information exempt from disclosure under the

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Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
eff. 7-1-24; 103-865, eff. 1-1-25.)
Section 5. The Health Care Violence Prevention Act is
amended by changing Sections 5, 15, and 20 and by adding
Sections 25.1, 25.2, 25.3, and 40 as follows:
(210 ILCS 160/5)

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Sec. 5. Definitions. As used in this Act:
"Committed person" means a person who is in the custody of
or under the control of a custodial agency, including, but not
limited to, a person who is incarcerated, under arrest,
detained, or otherwise under the physical control of a
custodial agency.
"Custodial agency" means the Illinois Department of
Corrections, the Illinois State Police, the sheriff of a
county, a county jail, a correctional institution, or any
other State agency, municipality, or unit of local government
that employs personnel designated as police, peace officers,
wardens, corrections officers, or guards or that employs
personnel vested by law with the power to place or maintain a
person in custody.
"Department" means the Department of Public Health.
"Health care provider" means a retail health care
facility, a hospital or hospital affiliate subject to the
Hospital Licensing Act or the University of Illinois Hospital
Act, an ambulatory surgical treatment center subject to the
Ambulatory Surgical Treatment Center Act, or a veterans home
as defined in the Department of Veterans' Affairs Act.
"Health care worker" means nursing assistants and other
support personnel, any individual licensed under the laws of
this State to provide health services, including but not
limited to: dentists licensed under the Illinois Dental
Practice Act; dental hygienists licensed under the Illinois

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Dental Practice Act; nurses and advanced practice registered
nurses licensed under the Nurse Practice Act; occupational
therapists licensed under the Illinois Occupational Therapy
Practice Act; optometrists licensed under the Illinois
Optometric Practice Act of 1987; pharmacists licensed under
the Pharmacy Practice Act; physical therapists licensed under
the Illinois Physical Therapy Act; physicians licensed under
the Medical Practice Act of 1987; physician assistants
licensed under the Physician Assistant Practice Act of 1987;
podiatric physicians licensed under the Podiatric Medical
Practice Act of 1987; clinical psychologists licensed under
the Clinical Psychologist Licensing Act; clinical social
workers licensed under the Clinical Social Work and Social
Work Practice Act; speech-language pathologists and
audiologists licensed under the Illinois Speech-Language
Pathology and Audiology Practice Act; or hearing instrument
dispensers licensed under the Hearing Instrument Consumer
Protection Act, or any of their successor Acts.
"Nurse" means a person who is licensed to practice nursing
under the Nurse Practice Act.
"Retail health care facility" means an institution, place,
or building, or any portion thereof, that:
(1) is devoted to the maintenance and operation of a
facility for the performance of health care services and
is located within a retail store at a specific location;
(2) does not provide surgical services or any form of

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general anesthesia;
(3) does not provide beds or other accommodations for
either the long-term or overnight stay of patients; and
(4) discharges individual patients in an ambulatory
condition without danger to the continued well-being of
the patients and transfers non-ambulatory patients to
hospitals.
"Retail health care facility" does not include hospitals,
long-term care facilities, ambulatory surgical treatment
centers, blood banks, clinical laboratories, offices of
physicians, advanced practice registered nurses, podiatrists,
and physician assistants, and pharmacies that provide limited
health care services.
"Workplace violence" means any act of violence or threat
of violence against a health care worker, without regard to
intent, that occurs on the premises of a health care
provider's facility.
(Source: P.A. 100-1051, eff. 1-1-19.)
(210 ILCS 160/15)
Sec. 15. Workplace safety.
(a) A health care worker who contacts law enforcement or
files a report with law enforcement against a patient or
individual because of workplace violence shall provide notice
to management of the health care provider by which he or she is
employed within 3 days after contacting law enforcement or

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filing the report.
(b) No management of a health care provider may discourage
a health care worker from exercising his or her right to
contact law enforcement or file a report with law enforcement
or the Department because of workplace violence.
(c) A health care provider that employs a health care
worker shall display a notice, either by physical or
electronic means, stating that verbal aggression will not be
tolerated and physical assault will be reported to law
enforcement.
(d) The health care provider shall offer immediate
post-incident services for a health care worker directly
involved in a workplace violence incident caused by patients
or their visitors, including acute treatment and access to
psychological evaluation.
(e) No health care provider may maintain a policy that
limits the type of workplace violence about which a health
care worker may contact law enforcement or file a report with
law enforcement or the Department.
(Source: P.A. 102-4, eff. 4-27-21.)
(210 ILCS 160/20)
Sec. 20. Workplace violence prevention program.
(a) Each A health care provider, in consultation with the
provider's direct care employees or a representative of those
employees, shall create and implement a written a workplace

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violence prevention program that complies with the
Occupational Safety and Health Administration guidelines for
preventing workplace violence for health care and social
service workers as amended or updated by the Occupational
Safety and Health Administration.
(a-5) In addition, the workplace violence prevention
program shall include:
(1) the following classifications of workplace
violence as one of 4 possible types:
(A) "Type 1 violence" means workplace violence
committed by a person who has no legitimate business
at the work site and includes violent acts by anyone
who enters the workplace with the intent to commit a
crime.
(B) "Type 2 violence" means workplace violence
directed at employees by customers, clients, patients,
students, inmates, visitors, or other individuals
accompanying a patient.
(C) "Type 3 violence" means workplace violence
against an employee by a present or former employee,
supervisor, or manager.
(D) "Type 4 violence" means workplace violence
committed in the workplace by someone who does not
work there, but has or is known to have had a personal
relationship with an employee;
(2) management commitment and worker participation,

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including, but not limited to, nurses and physicians;
(3) worksite analysis and identification of potential
hazards, including identifying the need for additional
security and alarms, adequate exit routes, monitoring
systems, barrier protections, lighting, entry procedures,
and systems to identify and flag persons who have
previously committed violent acts in the health care
provider space;
(4) hazard prevention and control;
(5) safety and health training with required hours
determined by rule; and
(6) recordkeeping and annual evaluation of the
violence prevention program. The workplace violence
prevention program shall be tailored to conditions and
hazards for each health care provider. Each plan shall
include procedures for the following:
(A) Identification of an employee or employees
responsible for implementation of the plan.
(B) Risk assessment and identification of areas
and units where employees and patients may be at
higher risk. Health care providers, in consultation
with direct care employees shall consider past violent
incidents.
(C) Implementation of a system for employees to
report workplace violence risks, hazards, and
incidents to the health care provider, law

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enforcement, or the Department.
(D) Post-incident investigation reports of
workplace violence available to employees and
representatives.
(E) Medical treatment to those affected employees
and patients.
(F) Providing information about available trauma
related counseling.
(G) Procedures for emergency response, including
procedures for threats of mass casualties and
procedures for incidents involving a dangerous weapon.
Each plan shall be available to the employees of a
health care provider.
(a-5) Any health care worker may make a report to the
Department or to a law enforcement officer if they have
experienced or witnessed a workplace violence.
(a-10) A health care provider shall submit the proposed
workplace violence prevention program to the Department for
its approval.
(b) The Department of Public Health may by rule adopt
additional criteria for workplace violence prevention
programs.
(Source: P.A. 100-1051, eff. 1-1-19; 101-81, eff. 7-12-19.)
(210 ILCS 160/25.1 new)
Sec. 25.1. Violent incident investigation.

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(a) Within 48 hours of a becoming aware of a workplace
violence incident or threat of an incident the health care
provider shall initiate an investigation into the incident,
risk, or hazard, and the employer shall:
(1) review the circumstances of the incident, risk, or
hazard, and whether any controls or measures implemented
under the plan of the employer were effective; and
(2) solicit input from involved employees, the
employee's representatives, and supervisors about the
cause of the incident, risk, or hazard, and whether
further corrective measures (including system-level
factors) could have prevented the incident, risk, or
hazard.
(b) A health care provider shall document the findings,
recommendations, and corrective measures taken for each
investigation conducted under this Section.
(210 ILCS 160/25.2 new)
Sec. 25.2. Recordkeeping.
(a) The Department shall by rule develop a template or
form for health care providers to use to log incidents of
workplace violence. The form should include, at a minimum:
(1) the violent incident (including environmental risk
factors present at the time of the incident);
(2) the date, time, and location of the incident and
the names and job titles of involved employees;

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(3) the nature and extent of injuries to employees and
patients that were impacted;
(4) a classification of the perpetrator who committed
the violence, including whether the perpetrator was:
(A) a patient, client, resident, or customer of a
covered employer;
(B) a family or friend of a patient, client,
resident, or customer of a covered employer;
(C) a stranger;
(D) a co-worker, supervisor, or manager of a
covered employee;
(E) a partner, spouse, parent, or relative of a
covered employee; or
(F) any other appropriate classification;
(5) the type of violent incident (such as type 1
violence, type 2 violence, type 3 violence, or type 4
violence); and
(6) how the incident was abated.
(b) Records maintained in accordance with this Section are
confidential and not subject to the Freedom of Information
Act.
(210 ILCS 160/25.3 new)
Sec. 25.3. Reporting.
(a) Each health care provider shall prepare and annually
submit to the Director a summary of each violent incident log

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for the preceding calendar year. The report, which will be
completed on a form provided by the Director, shall at a
minimum include:
(1) the total number of violent incidents;
(2) the number of recordable injuries related to such
incidents;
(3) the areas where the violent incident happened;
(4) the incident response and abatement measures
taken.
(b) The Department shall provide an annual report to the
General Assembly summarizing the reports received. The
Department shall also publish the report on its publicly
available website.
(210 ILCS 160/40 new)
Sec. 40. Penalties.
(a) Failure to submit workplace violence prevention
program within 6 months after the effective date of this
amendatory Act shall result in a penalty of $500 per day.
(b) If the Department finds that a health care provider is
in violation of this Act, the health care provider shall
submit to the Department, for its approval, a plan of
correction. If a health care provider violates an approved
plan of correction within 6 months after its submission, the
Department may impose a penalty on the health facility. For
the first violation of an approved plan of correction, the

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Department may impose a penalty of up to $500 per day. For a
second or subsequent violation of an approved plan of
correction, the Department may impose a penalty of up to $1000
per day. The total fines imposed under this Act against a
health care provider in a 12-month period shall not exceed
$365,000.