| ||||
| Public Act 097-0130 | ||||
| ||||
| ||||
AN ACT concerning health.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Mental Health and Developmental | ||||
Disabilities Code is amended by changing Sections 3-811 and | ||||
3-909 as follows: | ||||
(405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811) | ||||
Sec. 3-811. Involuntary admission; alternative mental | ||||
health facilities. | ||||
(a) If any person is found subject to involuntary admission | ||||
on an inpatient basis, the court shall
consider alternative | ||||
mental health facilities which are appropriate for and
| ||||
available to the respondent, including but not limited to | ||||
hospitalization. The
court may order the respondent to undergo | ||||
a program of hospitalization in a
mental health facility | ||||
designated by the Department, in a licensed private hospital or | ||||
private
mental health facility if it agrees, or in a facility | ||||
of the United
States
Veterans Administration if it agrees. If | ||||
any person is found subject to involuntary admission on an | ||||
outpatient basis, the court may order the respondent
to undergo | ||||
a program of alternative treatment; or the court may place the
| ||||
respondent
in the care and custody of a relative or other | ||||
person willing and able to
properly care for him or her. The | ||||
court shall order the least
restrictive alternative for | ||
treatment which is appropriate. | ||
(b) Whenever a person is found subject to involuntary | ||
admission on an inpatient or outpatient basis, notice shall be | ||
provided to the petitioner, orally and in writing, of his or | ||
her right to receive notice of the recipient's discharge | ||
pursuant to Section 3-902(d). | ||
(c) An order that a person is found subject to involuntary | ||
admission on an inpatient basis does not eliminate any | ||
obligations under the federal Emergency Medical Transport and | ||
Active Labor Act (EMTALA) of the transferring facility toward | ||
the receiving facility. Before implementing an order, the | ||
transferring facility shall notify the receiving facility of | ||
the recipient and obtain medical clearance for the recipient. | ||
(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; | ||
96-1453, eff. 8-20-10.)
| ||
(405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)
| ||
Sec. 3-909. Alternative treatment. Any recipient | ||
hospitalized or admitted
to alternative treatment or care and | ||
custody under Article VIII of this Chapter
may at any time | ||
petition the court for transfer to a different facility or
| ||
program of alternative treatment, to care and custody, or to | ||
the care and
custody of a different person. His attorney, | ||
guardian, custodian, or
responsible relative may file such a | ||
petition on his behalf. If the recipient
is in a private | ||
facility, the facility may also petition for transfer.
| ||
Recipients in private facilities or United States Veterans | ||
Administration
facilities may petition for transfer to a mental | ||
health facility designated
by the Department.
Recipients may | ||
petition for transfer to a program of alternative treatment, or
| ||
to care and custody. Recipients in private facilities may also | ||
petition for
transfer to United States Veterans Administration | ||
facilities. Recipients in
United States Veterans | ||
Administration facilities may also petition for transfer
to | ||
private facilities. Recipients in Department facilities may | ||
petition for
transfer to a private mental health facility, a | ||
United States Veterans
Administration facility, a program of | ||
alternative treatment, or to care and
custody. Admission to a | ||
United States Veterans Administration facility
shall be | ||
governed by Article X of this Chapter 3. No transfers between
| ||
Department facilities or between units of the same facility may | ||
be ordered
under this Section. An order for hospitalization | ||
shall not be entered
under this Section if the original order | ||
did not authorize hospitalization
unless a hearing is held | ||
pursuant to Article VIII of this Chapter. An order of transfer | ||
entered under this Section does not eliminate any obligations | ||
under the federal Emergency Medical Transport and Active Labor | ||
Act (EMTALA) of the transferring facility toward the receiving | ||
facility. Before implementing an order of transfer, the | ||
transferring facility shall notify the receiving facility of | ||
the recipient and obtain medical clearance for the recipient.
| ||
(Source: P.A. 91-726, eff. 6-2-00.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||