10. Illinois Domestic Violence Act, Healthcare Provider Liability and Mandatory Reporting

The Illinois Domestic Violence Act of 1986 provides requirements for healthcare professionals regarding legal obligations once a patient is determined to be a victim of IPV. Liability issues are addressed as follows:

Article IV: Health Care Providers

Source: (750 ILCS 60/401) (from Ch. 40, par. 2314 1) Sec. 401

Any person who is licensed, certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business or practice of a profession shall offer to a person suspected to be a victim of abuse immediate and adequate information regarding services available to victims of abuse.

Any person who is licensed, certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business, or practice of a profession and who in good faith offers to a person suspected to be a victim of abuse information regarding services available to victims of abuse shall not be civilly liable for any act or omission of the agency providing those services to the victims of abuse or for the inadequacy of those services provided by the agency. (Source: P.A. 87 436.)

Excerpted from the Illinois General Assembly’s website.

Chapter 720: Criminal Offenses

Source: (720 ILCS 5/12-6.5)

Criminal offense of interfering with the reporting of domestic violence. A person commits this crime when:

  • after having committed and act of domestic violence, he or she prevents or attempts to prevent the victim or witness:
    • from calling 911:
    • obtaining medical assistance: or
    • making a report to a law enforcement official.

Click here to access to the complete Illinois Domestic Violence Act - accessible on the Illinois Coalition Against Domestic Violence’s website.

Mandatory Reporting:

Source: (20 ILCS 2630/3.2)

Futures Without Violence’s “Compendium of State Statutes and Policies on Domestic Violence and Health Care” provides additional information about Illinois’ statutes, including mandatory reporting requirements:

  • any person conducting or operating a medical facility, or any physician or nurse, to report treatment of injuries to local law enforcement when it reasonably appears that the person requesting treatment has suffered from an injury caused by the discharge of a firearm or sustained in the commission of, or as the victim of, a criminal offense. Protocol for hospitals licensed under the Hospital Licensing Act: 77 Ill. Adm. Code 250.1035.

Click here to access the Compendium lists Illinois statutes on pages 23-24.