{"data":{"id":"us-il/20-ilcs-2105-2105-391","jurisdiction":"us-il","citation":"20 ILCS 2105/2105-391","heading":"Health organizations; duty to report.","body":"(This Section may contain text from a Public Act with a delayed effective date)\n(a) As used in this Section:\n\"Health professional\" has the meaning given to that term in Section 2105-390.\n\"Intimate conduct\" has the meaning given to that term in Section 2105-390.\n\"Sexual conduct\" has the meaning given to that term in Section 2105-390.\n\"Reportable conduct\" has the meaning given to that term in Section 2105-390.\n\"Reporting organization\" means:\n(1) an entity that employs or contracts for the services of health professionals and is (i) registered with the Department of Financial and Professional Regulation or the Division of Professional Regulation under the Professional Service Corporation Act, the Medical Corporation Act, the Professional Limited Liability Company Act, or the Limited Liability Company Act; (ii) organized under the Business Corporation Act of 1983; or (iii) licensed by the Department of Public Health; or\n(2) an entity that facilitates the placement of health professionals into organizations that provide health care services.\n(b) A reporting organization shall submit a report to the Department of Financial and Professional Regulation within 24 hours after:\n(1) if the reporting organization is not a hospital or hospital affiliate, initiating an investigation of an allegation that a health professional engaged in conduct that another health professional would have a duty to report under subsection (b) of Section 2105-390;\n(2) terminating its relationship with, suspending, placing on leave, or materially changing the professional privileges of a health professional following an allegation that the health professional engaged in sexual conduct or intimate conduct; except that a hospital or hospital affiliate need not report a temporary suspension or leave when they occur pending an internal review under Section 9.6 of the Hospital Licensing Act until the earlier of (i) the conclusion of the investigation and such suspension or leave is made permanent, or (ii) such temporary suspension or leave status lasts longer than 30 days; or\n(3) a health professional resigning, ceasing his or her services, or accepting a material change in professional responsibilities following an allegation that the health professional engaged in sexual conduct or intimate conduct.\n(c) The Department of Financial and Professional Regulation may request from the Department of Public Health, and the Department of Public Health shall provide, copies of logs or reports received by the Department of Public Health pursuant to Section 9.6 of the Hospital Licensing Act.\n(d) A report required by subsection (b) shall be in writing. The report shall contain the following information:\n(1) the name of the reporting organization making the report and the name, address, telephone number, and email address of the person making the report on behalf of the reporting organization;\n(2) the name, address, telephone number, and email address of the health professional who is the subject of the report and the profession and professional license number of such health professional, if known;\n(3) the name, address, or other contact information of the individual or individuals who made the allegation that is the subject of the report;\n(4) a description of the acts that are alleged to have occurred, including the name and age of the patient or client involved, the location, date, and time of the alleged acts, and a copy of any document or file containing the allegations received by the reporter; and\n(5) any extenuating information or further pertinent information that the reporting organization deems to be an aid in the evaluation of the report, including, without limitation, information showing that the health professional was acting in self-defense.\n(e) A reporting organization shall take reasonable steps to deliver the following message, or one substantially similar to it, at least annually to each person who is under an obligation to report reportable conduct pursuant to Section 2105-390 and who the reporting organization employs, contracts with, or has working in its physical or virtual facilities: \"You may report any incidents of actual or potential misconduct by health professionals or other persons licensed by the Illinois Department of Financial and Professional Regulation (IDFPR), including incidents that you choose to voluntarily report and incidents subject to mandatory reporting under 20 ILCS 2105/2105-390, at IDFPR's website.\". Reasonable steps include, but are not limited to: (1) providing such message during training sessions; or (2) posting signage, either by physical or electronic means, in a conspicuous location in the reporting organization's physical location.\n(f) A reporting organization and its staff who are participating in good faith in the creation of a report under this Section or participating in or assisting with an investigation related to such a report shall have immunity from any civil, criminal, professional, or other liability that might result by reason of those actions, including, but not limited to, defamation actions and tortious interference with contract.\n(g) A report made under this Section does not create a presumption that the health professional who is the subject of the report has committed a violation or a criminal act. If the Department of Financial and Professional Regulation seeks to impose discipline on a health professional due to a report received under this Section, nothing in this Section shall modify the elements that the Department must establish to justify such discipline under the health professional's applicable licensing Act.\n(h) Nothing in this Section prevents a reporting organization from initiating, conducting, or completing its own investigation of the sexual conduct or intimate conduct at issue in the report while an investigation, hearing, or other action related to the report is, or may be, pending at the Department of Financial and Professional Regulation.\n(i) The Department of Financial and Professional Regulation shall, as soon as possible, but not later than 21 days after such request, respond to a request for an update on the status of a report from an individual acting on behalf of:\n(1) the reporting organization making the report under this Section; or\n(2) a hospital or hospital affiliate who has made the report:\n(A) to the Department of Public Health which has been provided to the Department of Financial and Professional Regulation pursuant to subsection (c); or\n(B) directly to the Department of Financial and Professional Regulation. In its response, the Department of Financial and Professional Regulation shall indicate that either the investigation of the report is closed or is still ongoing. The Department of Financial and Professional Regulation may require documentation establishing that the individual making the update request is doing so as an agent of such reporting organization, hospital, or hospital affiliate prior to accepting the request.\n(j) A reporting organization may submit a written request to the Department of Financial and Professional Regulation that specifically identifies a health professional who is the reporting organization's employee, contractor, or affiliated provider and request a copy of any formal complaint filed against the health professional by the Department of Financial and Professional Regulation or any chaperone order or disciplinary order issued by the Department of Financial and Professional Regulation against such health professional. The Department of Financial and Professional Regulation shall, within 21 days of such request, provide the requested documents in response.\n(k) A report made under this Section is subject to the confidentiality provisions of Section 2105-117.\n(l) The Department of Financial and Professional Regulation may adopt any rules necessary to implement, administer, and enforce this Section.","path":["CHAPTER 20 EXECUTIVE BRANCH","Civil Administrative Code of Illinois. (Department of Professional Regulation Law)"],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=325\u0026ChapterID=5\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:14Z","sha256":"99e691dc78af2c40d70f09581c2d2f606273634c2c7c7195ad9c86b587bf3ec6","source_id":"us-il","stale":false,"prev":"us-il/20-ilcs-2105-2105-390","next":"us-il/20-ilcs-2105-2105-392"},"notice":"GroundRules: Original legal text. Not legal advice."}