Bill Text: IL HB3576 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Health Care Violence Prevention Act. Removes the term "committed person" and replaces it with "custodial detainee" throughout the Act. Requires health care providers that employ a health care worker to display a notice stating that physical battery (rather than physical assault) will be reported to law enforcement.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed - Dead) 2020-12-07 - Alternate Chief Sponsor Changed to Sen. Don Harmon [HB3576 Detail]

Download: Illinois-2019-HB3576-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Health Care Violence Prevention Act is
5amended by changing Sections 5, 15, 30, and 35 as follows:
6 (210 ILCS 160/5)
7 Sec. 5. Definitions. As used in this Act:
8 "Custodial detainee Committed person" means a person who is
9in the custody of or under the control of a custodial agency,
10including, but not limited to, a person who is incarcerated,
11under arrest, detained, or otherwise under the physical control
12of a custodial agency.
13 "Custodial agency" means the Illinois Department of
14Corrections, the Illinois State Police, the sheriff of a
15county, a county jail, a correctional institution, or any other
16State agency, municipality, or unit of local government that
17employs personnel designated as police, peace officers,
18wardens, corrections officers, or guards or that employs
19personnel vested by law with the power to place or maintain a
20person in custody.
21 "Health care provider" means a retail health care facility,
22a hospital subject to the Hospital Licensing Act or the
23University of Illinois Hospital Act, or a veterans home as

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1defined in the Department of Veterans' Affairs Act.
2 "Health care worker" means nursing assistants and other
3support personnel, any individual licensed under the laws of
4this State to provide health services, including but not
5limited to: dentists licensed under the Illinois Dental
6Practice Act; dental hygienists licensed under the Illinois
7Dental Practice Act; nurses and advanced practice registered
8nurses licensed under the Nurse Practice Act; occupational
9therapists licensed under the Illinois Occupational Therapy
10Practice Act; optometrists licensed under the Illinois
11Optometric Practice Act of 1987; pharmacists licensed under the
12Pharmacy Practice Act; physical therapists licensed under the
13Illinois Physical Therapy Act; physicians licensed under the
14Medical Practice Act of 1987; physician assistants licensed
15under the Physician Assistant Practice Act of 1987; podiatric
16physicians licensed under the Podiatric Medical Practice Act of
171987; clinical psychologists licensed under the Clinical
18Psychologist Licensing Act; clinical social workers licensed
19under the Clinical Social Work and Social Work Practice Act;
20speech-language pathologists and audiologists licensed under
21the Illinois Speech-Language Pathology and Audiology Practice
22Act; or hearing instrument dispensers licensed under the
23Hearing Instrument Consumer Protection Act, or any of their
24successor Acts.
25 "Nurse" means a person who is licensed to practice nursing
26under the Nurse Practice Act.

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1 "Retail health care facility" means an institution, place,
2or building, or any portion thereof, that:
3 (1) is devoted to the maintenance and operation of a
4 facility for the performance of health care services and is
5 located within a retail store at a specific location;
6 (2) does not provide surgical services or any form of
7 general anesthesia;
8 (3) does not provide beds or other accommodations for
9 either the long-term or overnight stay of patients; and
10 (4) discharges individual patients in an ambulatory
11 condition without danger to the continued well-being of the
12 patients and transfers non-ambulatory patients to
13 hospitals.
14 "Retail health care facility" does not include hospitals,
15long-term care facilities, ambulatory treatment centers, blood
16banks, clinical laboratories, offices of physicians, advanced
17practice registered nurses, podiatrists, and physician
18assistants, and pharmacies that provide limited health care
19services.
20(Source: P.A. 100-1051, eff. 1-1-19.)
21 (210 ILCS 160/15)
22 Sec. 15. Workplace safety.
23 (a) A health care worker who contacts law enforcement or
24files a report with law enforcement against a patient or
25individual because of workplace violence shall provide notice

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1to management of the health care provider by which he or she is
2employed within 3 days after contacting law enforcement or
3filing the report.
4 (b) No management of a health care provider may discourage
5a health care worker from exercising his or her right to
6contact law enforcement or file a report with law enforcement
7because of workplace violence.
8 (c) A health care provider that employs a health care
9worker shall display a notice stating that verbal aggression
10will not be tolerated and physical battery assault will be
11reported to law enforcement.
12 (d) The health care provider shall offer immediate
13post-incident services for a health care worker directly
14involved in a workplace violence incident caused by patients or
15their visitors, including acute treatment and access to
16psychological evaluation.
17(Source: P.A. 100-1051, eff. 1-1-19.)
18 (210 ILCS 160/30)
19 Sec. 30. Medical care for custodial detainees committed
20persons.
21 (a) If a custodial detainee committed person receives
22medical care and treatment at a place other than an institution
23or facility of the Department of Corrections, a county, or a
24municipality, then the institution or facility shall:
25 (1) to the greatest extent practicable, notify the

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1 hospital or medical facility that is treating the custodial
2 detainee committed person prior to the custodial
3 detainee's committed person's visit and notify the
4 hospital or medical facility of any significant medical,
5 mental health, recent violent actions, or other safety
6 concerns regarding the patient;
7 (2) to the greatest extent practicable, ensure the
8 transferred custodial detainee committed person is
9 accompanied by the most comprehensive medical records
10 possible;
11 (3) provide at least one guard trained in custodial
12 escort and custody of high-risk custodial detainees
13 committed persons to accompany any custodial detainee
14 committed person. The custodial agency shall attest to such
15 training for custodial escort and custody of high-risk
16 custodial detainees committed persons through: (A) the
17 training of the Department of Corrections or Department of
18 Juvenile Justice; (B) law enforcement training that is
19 substantially equivalent to the training of the Department
20 of Corrections or Department of Juvenile Justice; or (C)
21 the training described in Section 35. Under no
22 circumstances may leg irons or shackles or waist shackles
23 be used on any pregnant female prisoner who is in labor. In
24 addition, restraint of a pregnant female prisoner in the
25 custody of the Cook County shall comply with Section
26 3-15003.6 of the Counties Code. Additionally, restraints

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1 shall not be used on a custodial detainee committed person
2 if medical personnel determine that the restraints would
3 impede medical treatment; and
4 (4) ensure that only medical personnel, Department of
5 Corrections, county, or municipality personnel, and
6 visitors on the custodial detainee's committed person's
7 approved institutional visitors list may visit the
8 custodial detainee committed person. Visitation by a
9 person on the custodial detainee's committed person's
10 approved institutional visitors list shall be subject to
11 the rules and procedures of the hospital or medical
12 facility and the Department of Corrections, county, or
13 municipality. In any situation in which a custodial
14 detainee committed person is being visited:
15 (A) the name of the visitor must be listed per the
16 facility's or institution's documentation;
17 (B) the visitor shall submit to the search of his
18 or her person or any personal property under his or her
19 control at any time; and
20 (C) the custodial agency may deny the custodial
21 detainee committed person access to a telephone or
22 limit the number of visitors the custodial detainee
23 committed person may receive for purposes of safety.
24 If a custodial detainee committed person receives medical
25care and treatment at a place other than an institution or
26facility of the Department of Corrections, county, or

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1municipality, then the custodial agency shall ensure that the
2custodial detainee committed person is wearing security
3restraints in accordance with the custodial agency's rules and
4procedures if the custodial agency determines that restraints
5are necessary for the following reasons: (i) to prevent
6physical harm to the custodial detainee committed person or
7another person; (ii) because the custodial detainee committed
8person has a history of disruptive behavior that has placed
9others in potentially harmful situations or presents a
10substantial risk of inflicting physical harm on himself or
11herself or others as evidenced by recent behavior; or (iii)
12there is a well-founded belief that the custodial detainee
13committed person presents a substantial risk of flight. Under
14no circumstances may leg irons or shackles or waist shackles be
15used on any pregnant female prisoner who is in labor. In
16addition, restraint of a pregnant female prisoner in the
17custody of the Cook County shall comply with Section 3-15003.6
18of the Counties Code.
19 The hospital or medical facility may establish protocols
20for the receipt of custodial detainees committed persons in
21collaboration with the Department of Corrections, county, or
22municipality, specifically with regard to potentially violent
23persons.
24 (b) If a custodial detainee committed person receives
25medical care and treatment at a place other than an institution
26or facility of the Department of Juvenile Justice, then the

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1institution or facility shall:
2 (1) to the greatest extent practicable, notify the
3 hospital or medical facility that is treating the custodial
4 detainee committed person prior to the custodial
5 detainee's committed person's visit, and notify the
6 hospital or medical facility of any significant medical,
7 mental health, recent violent actions, or other safety
8 concerns regarding the patient;
9 (2) to the greatest extent practicable, ensure the
10 transferred custodial detainee committed person is
11 accompanied by the most comprehensive medical records
12 possible;
13 (3) provide: (A) at least one guard trained in
14 custodial escort and custody of high-risk custodial
15 detainees committed persons to accompany any custodial
16 detainee committed person. The custodial agency shall
17 attest to such training for custodial escort and custody of
18 high-risk custodial detainees committed persons through:
19 (i) the training of the Department of Corrections or
20 Department of Juvenile Justice, (ii) law enforcement
21 training that is substantially equivalent to the training
22 of the Department of Corrections or Department of Juvenile
23 Justice, or (iii) the training described in Section 35; or
24 (B) 2 guards to accompany the custodial detainee committed
25 person at all times during the visit to the hospital or
26 medical facility; and

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1 (4) ensure that only medical personnel, Department of
2 Juvenile Justice personnel, and visitors on the custodial
3 detainee's committed person's approved institutional
4 visitors list may visit the custodial detainee committed
5 person. Visitation by a person on the custodial detainee's
6 committed person's approved institutional visitors list
7 shall be subject to the rules and procedures of the
8 hospital or medical facility and the Department of Juvenile
9 Justice. In any situation in which a custodial detainee
10 committed person is being visited:
11 (A) the name of the visitor must be listed per the
12 facility's or institution's documentation;
13 (B) the visitor shall submit to the search of his
14 or her person or any personal property under his or her
15 control at any time; and
16 (C) the custodial agency may deny the custodial
17 detainee committed person access to a telephone or
18 limit the number of visitors the custodial detainee
19 committed person may receive for purposes of safety.
20 If a custodial detainee committed person receives medical
21care and treatment at a place other than an institution or
22facility of the Department of Juvenile Justice, then the
23Department of Juvenile Justice shall ensure that the custodial
24detainee committed person is wearing security restraints on
25either his or her wrists or ankles in accordance with the rules
26and procedures of the Department of Juvenile Justice if the

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1Department of Juvenile Justice determines that restraints are
2necessary for the following reasons: (i) to prevent physical
3harm to the custodial detainee committed person or another
4person; (ii) because the custodial detainee committed person
5has a history of disruptive behavior that has placed others in
6potentially harmful situations or presents a substantial risk
7of inflicting physical harm on himself or herself or others as
8evidenced by recent behavior; or (iii) there is a well-founded
9belief that the custodial detainee committed person presents a
10substantial risk of flight. Any restraints used on a custodial
11detainee committed person under this paragraph shall be the
12least restrictive restraints necessary to prevent flight or
13physical harm to the custodial detainee committed person or
14another person. Restraints shall not be used on the custodial
15detainee committed person as provided in this paragraph if
16medical personnel determine that the restraints would impede
17medical treatment. Under no circumstances may leg irons or
18shackles or waist shackles be used on any pregnant female
19prisoner who is in labor. In addition, restraint of a pregnant
20female prisoner in the custody of the Cook County shall comply
21with Section 3-15003.6 of the Counties Code.
22 The hospital or medical facility may establish protocols
23for the receipt of custodial detainees committed persons in
24collaboration with the Department of Juvenile Justice,
25specifically with regard to persons recently exhibiting
26violence.

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1(Source: P.A. 100-1051, eff. 1-1-19.)
2 (210 ILCS 160/35)
3 Sec. 35. Custodial agency training. The Illinois Law
4Enforcement Training Standards Board shall establish a
5curriculum for custodial escort and custody of high-risk
6custodial detainees committed persons certification, which
7shall include, but not be limited to, the following:
8 (1) handcuffing or shackling of a high-risk custodial
9 detainee committed person;
10 (2) mobile transportation of a custodial detainee
11 committed person with defense from the custodial
12 detainee's committed person's attack;
13 (3) outside facility threat assessment;
14 (4) hands-on weapons retention training; and
15 (5) custodial considerations for a high-risk custodial
16 detainee committed person in outside facilities.
17(Source: P.A. 100-1051, eff. 1-1-19.)
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