SPRINGFIELD – State Senator Celina Villanueva championed a new law that will implement stricter, mandatory reporting requirements when a patient or client experiences sexual abuse or misconduct perpetrated by a licensed health care professional.
“Being assaulted or exploited doesn’t only cause physical harm, but it also leads to severe, long-lasting emotional turmoil and often times completely eradicates that patient’s trust in our health care system,” said Villanueva (D-Chicago). “Health care professionals across this country take an oath to do no harm, so when a doctor, nurse, practitioner, clinician or any other professional takes advantage of their patient, they must be swiftly brought to justice.”
Villanueva’s law comes in response to a series of investigative reports that uncovered serious misconduct and abuse in Illinois’ health care system. The investigation identified 52 health care workers accused of sexual misconduct who were allowed to continue working at their respective hospitals and facilities. The new law will mandate hospitals and health care professionals licensed by the Illinois Department of Financial and Professional Regulation to report any sexual or sexual-adjacent misconduct by a health care professional against a patient. Reasonably reportable misconduct will include sexual assault and harassment, as well as behavior such as offering to provide professional services to a patient or client in exchange for sexual favors or using the professional-patient or professional-client relationship to solicit a romantic or sexual relationship.
The law will also create a mandated reporting process requiring reporting to IDFPR within 24 hours of a facility’s management learning of misconduct. Failure to report will be grounds for disciplinary action, including up to a $10,000 fine for the first violation, up to $15,000 for the second violation and up to $25,000 for the third or any subsequent violations.
“All patients deserve dignified, compassionate care from their provider, and if patients are taken advantage of when they’re in a vulnerable position, they deserve to know the state will support them, will protect them from further trauma or victimization, and will hold the perpetrator accountable,” said Villanueva.
House Bill 3711 was signed into law Friday and goes into effect Jan. 1.
