CHICAGO — Today, Governor JB Pritzker signed into law a landmark package of reforms strengthening patient protections by establishing for licensed health care professionals, hospitals, and hospital affiliates a duty to report accusations of inappropriate sexual conduct and unjustified intimate conduct to State regulators. With this change, the State will have the ability to swiftly open an investigation into the matter and suspend or take other appropriate action against a license, thereby preventing continued harm to patients.
”Illinois patients deserve full confidence that their health and safety will be protected whenever they seek care,” said Governor JB Pritzker. “This legislation ensures serious allegations are reported promptly so investigations can begin without delay and appropriate action can be taken. I’m proud that Illinois continues to lead in healthcare accountability and patient protections.”
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As agencies that receive and investigate complaints, the Illinois Department of Financial and Professional Regulation (IDFPR) and the Illinois Department of Public Health (IDPH) rely on their licensees and the public to inform them of instances of patient abuse by licensed professionals or within licensed health facilities. However, too often the agencies do not receive a complaint, and instead only learn about and can take appropriate action upon these difficult situations when it is publicized in the news or on social media that an allegation or arrest has been made, or that charges have been filed.
HB 3711 addresses this regulatory gap, which was previously identified in reporting from the Chicago Tribune, by requiring health care professionals to report to IDFPR within 24 hours of witnessing, receiving reports of, or having reasonable cause to believe that, a person has been subject to inappropriate sexual conduct or unjustified intimate conduct. Hospitals and hospital affiliates have a similar obligation to report to IDPH, and the bill empowers IDPH and IDFPR to share this critical reporting information.
“With this important legislation, IDFPR can count on licensed professionals to notify IDFPR of problematic conduct so that we can act quickly to protect patients and uphold the integrity of the professions we regulate,” said IDFPR Secretary Mario Treto, Jr. “By establishing reporting requirements and improving coordination across the two agencies, we are building a safer, more accountable health care system for everyone.”
HB 3711 includes:
- Establishes a duty for licensed health care professionals and certain health care entities to report to IDFPR accusations of inappropriate sexual conduct and unjustified intimate conduct by health care professionals.
- Establishes a duty for hospitals and hospital affiliates to report to IDPH accusations of inappropriate sexual conduct and unjustified intimate conduct.
- Expands existing posting, reporting, and investigation obligations for licensed hospitals and other health care facilities.
- Imposes fines on hospitals and hospital affiliates that fail to investigate and report instances of unjustified sexual and intimate conduct to IDPH.
- Establishes failure to report accusations of inappropriate sexual conduct and unjustified intimate conduct as a ground for disciplinary action by IDFPR for licensed professionals.
- Grants health facilities status updates about material developments in investigations into alleged misconduct by their employees or at their facilities.
“Patients place deep trust in the professionals and facilities who care for them,” said IDPH Director Dr. Sameer Vohra. “This legislation strengthens IDPH’s ability to respond quickly when that trust is threatened and enhances our partnership with IDFPR to ensure a coordinated response. Timely reporting gives both departments the information needed to protect patients, intervene before additional harm occurs, and strengthen safety across our health system.”
