Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 380 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES CODE › Subpart D - ADMINISTRATION › Section 380.540 - Abuse, Neglect and Theft

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A licensee, executive director, employee, or agent of a facility shall
				not abuse or neglect a consumer. It is the duty of any facility employee or
				agent who becomes aware of abuse or neglect
of a consumer
to
				report it
immediately to the executive director and to the Department,
				but no later than
within 24 hours
after becoming aware of
				it
. Facilities shall comply with Section 3-610 and 3-810 of the Nursing
				Home Care Act.
With respect to theft or misappropriation of a
				consumer's property, and to whistleblower protection,
the provisions
				under Section 3-610 and 3-810 of the Nursing Home Care Act shall apply to
				employees of facilities licensed under
the
Act.
(Section 3-107 of the Act)
b) An
				executive director who becomes aware of the abuse or neglect of a consumer or
				theft of a consumer's property shall immediately report the matter by telephone
				and in writing to the consumer's guardian, the consumer's substitute decision
				maker, if any, or any other individual designated in writing by the consumer,
				and to the Department, but no later than within 24 hours after becoming aware
				of the abuse, neglect or theft.
c)
				Consumers shall not be subjected to verbal or physical abuse of any kind.
				Corporal punishment of consumers is prohibited. The facility shall not permit
				consumers to discipline other consumers. The facility shall comply with this
				Section and with Section
				380.550
				in every instance of assault or battery by a consumer of another consumer or of
				an employee.
d) A facility employee
				or agent who becomes aware of another facility employee's or agent's theft or
				misappropriation of a consumer's property shall immediately report the matter
				to the executive director. An executive director who becomes aware of a
				facility employee's or agent's theft or misappropriation of a consumer's
				property shall immediately report the matter by telephone and in writing to the
				consumer's representative, the Department, and the local law enforcement
				agency.
e) Consumer allegations of
				abuse shall be reported to the Department within 24 hours after the allegation
				is made, and the facility shall comply with the reporting requirements of
				Section 380.550. A full investigation report shall be filed with the Department
				within seven days after the incident occurred.
f) Employee as Perpetrator of Abuse. When an
				investigation of a report of suspected abuse of a consumer indicates that an
				employee of the facility is the perpetrator of the abuse, that employee shall
				immediately be barred from any further contact with any consumer in the
				facility, pending the outcome of any further investigation, prosecution or
				disciplinary action against the employee.
g) Consumer as Perpetrator of Abuse. When an
				investigation of a report of suspected abuse of a consumer indicates that
				another consumer residing in the facility is the perpetrator of the abuse, the
				perpetrator's condition shall be immediately evaluated to determine the most
				suitable therapy and placement for that person, considering the safety of that
				person as well as the safety of other consumers and of employees of and
				visitors to the facility.
g) The
				provisions of the Whistleblower Act shall apply to employees of facilities
				licensed under the Act.