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91_HB3548
LRB9111471DJsbA
1 AN ACT in relation to mental health, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Employee Indemnification Act is
5 amended by changing Section 1 as follows:
6 (5 ILCS 350/1) (from Ch. 127, par. 1301)
7 Sec. 1. Definitions. For the purpose of this Act:
8 (a) The term "State" means the State of Illinois, the
9 General Assembly, the court, or any State office, department,
10 division, bureau, board, commission, or committee, the
11 governing boards of the public institutions of higher
12 education created by the State, the Illinois National Guard,
13 the Comprehensive Health Insurance Board, any poison control
14 center designated under the Poison Control System Act that
15 receives State funding, or any other agency or
16 instrumentality of the State. It does not mean any local
17 public entity as that term is defined in Section 1-206 of the
18 Local Governmental and Governmental Employees Tort Immunity
19 Act or a pension fund.
20 (b) The term "employee" means any present or former
21 elected or appointed officer, trustee or employee of the
22 State, or of a pension fund, any present or former member of
23 the Illinois National Guard while on active duty, individuals
24 or organizations who contract with the Department of
25 Corrections, the Comprehensive Health Insurance Board, or the
26 Department of Veterans' Affairs to provide services,
27 individuals or organizations who contract with the Department
28 of Human Services (as successor to the Department of Mental
29 Health and Developmental Disabilities) to provide services
30 including but not limited to treatment and other services for
31 sexually violent persons or as participating mental health
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1 centers as defined in the Mental Health and Developmental
2 Disabilities Code, individuals or organizations who contract
3 with the Department of Military Affairs for youth programs,
4 individuals or organizations who contract to perform carnival
5 and amusement ride safety inspections for the Department of
6 Labor, individual representatives of or designated
7 organizations authorized to represent the Office of State
8 Long-Term Ombudsman for the Department on Aging, individual
9 representatives of or organizations designated by the
10 Department on Aging in the performance of their duties as
11 elder abuse provider agencies or regional administrative
12 agencies under the Elder Abuse and Neglect Act, individuals
13 or organizations who perform volunteer services for the State
14 where such volunteer relationship is reduced to writing,
15 individuals who serve on any public entity (whether created
16 by law or administrative action) described in paragraph (a)
17 of this Section, individuals or not for profit organizations
18 who, either as volunteers, where such volunteer relationship
19 is reduced to writing, or pursuant to contract, furnish
20 professional advice or consultation to any agency or
21 instrumentality of the State, individuals who serve as foster
22 parents for the Department of Children and Family Services
23 when caring for a Department ward, and individuals who serve
24 as arbitrators pursuant to Part 10A of Article II of the Code
25 of Civil Procedure and the rules of the Supreme Court
26 implementing Part 10A, each as now or hereafter amended, but
27 does not mean an independent contractor except as provided in
28 this Section. The term includes an individual appointed as an
29 inspector by the Director of State Police when performing
30 duties within the scope of the activities of a Metropolitan
31 Enforcement Group or a law enforcement organization
32 established under the Intergovernmental Cooperation Act. An
33 individual who renders professional advice and consultation
34 to the State through an organization which qualifies as an
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1 "employee" under the Act is also an employee. The term
2 includes the estate or personal representative of an
3 employee.
4 (c) The term "pension fund" means a retirement system or
5 pension fund created under the Illinois Pension Code.
6 (Source: P.A. 89-507, eff. 7-1-97; 90-793, eff. 8-14-98.)
7 Section 10. The Mental Health and Developmental
8 Disabilities Code is amended by adding Sections 1-110.5,
9 1-113.5, and 3-205.5 and changing Sections 1-119, 1-121,
10 2-102, 2-107, 2-107.1, 2-200, 2-201, 3-207, 3-208, 3-300,
11 3-400, 3-405, 3-502, 3-503, 3-504, 3-601, 3-603, 3-606,
12 3-607, 3-702, 3-704, 3-706, 3-810, 3-811, 3-812, 3-902,
13 3-909, 5-104, 5-117, and 6-103 as follows:
14 (405 ILCS 5/1-110.5 new)
15 Sec. 1-110.5. "Substitute decision maker" means a person
16 who currently possesses the authority to make decisions under
17 the Powers of Attorney for Health Care Law or under the
18 Mental Health Treatment Preference Declaration Act.
19 (405 ILCS 5/1-113.5 new)
20 Sec. 1-113.5. "Long-acting psychotropic medications"
21 means psychotropic medications, including but not limited to
22 Haldol Decanoate and Prolixin Decanoate, that are designed so
23 that a single dose will have an intended clinical effect for
24 a period of at least 48 hours.
25 (405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
26 Sec. 1-119. "Person subject to involuntary admission" or
27 "subject to involuntary admission" means:
28 (1) A person with mental illness and who because of his
29 or her illness is reasonably expected to inflict serious
30 physical harm upon himself or herself or another in the near
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1 future; or
2 (2) A person with mental illness and who because of his
3 or her illness is unable to provide for his or her basic
4 physical needs so as to guard himself or herself from serious
5 harm. When any person is presented for admission to a mental
6 health facility under this subsection within 7 days
7 thereafter, the facility shall provide or arrange for a
8 comprehensive physical and mental examination and social
9 investigation of that person. This examination shall be used
10 to determine whether some program other than hospitalization
11 will meet the needs of such person with preference being
12 given to care or treatment in his own community.
13 (Source: P.A. 88-380.)
14 (405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121)
15 Sec. 1-121. "Psychiatrist" means a physician as defined
16 in the first sentence of Section 1-120 who has successfully
17 completed a residency program in psychiatry accredited by
18 either the Accreditation Council for Graduate Medical
19 Education or the American Osteopathic Association at least 3
20 years of formal training or primary experience in the
21 diagnosis and treatment of mental illness.
22 (Source: P.A. 80-1414.)
23 (405 ILCS 5/2-102) (from Ch. 91 1/2, par. 2-102)
24 Sec. 2-102. (a) A recipient of services shall be
25 provided with adequate and humane care and services in the
26 least restrictive environment, pursuant to an individual
27 services plan. The Plan, which shall be formulated and
28 periodically reviewed with the participation of the recipient
29 to the extent feasible and the, where appropriate, such
30 recipient's nearest of kin or guardian, the recipient's
31 substitute decision maker, if any, or any other individual
32 designated in writing by the recipient. The facility shall
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1 advise the recipient of his or her right to designate a
2 family member or other individual to participate in the
3 formulation and review of the treatment plan. In determining
4 whether care and services are being provided in the least
5 restrictive environment, the facility shall consider the
6 views of the recipient, if any, concerning the treatment
7 being provided. The recipient's preferences regarding
8 emergency interventions under subsection (d) of Section 2-200
9 shall be noted in the recipient's treatment plan.
10 (a-5) If the services include the administration of
11 authorized involuntary treatment, the physician or the
12 physician's designee shall advise the recipient, in writing,
13 of the side effects, and risks, and benefits of the
14 treatment, as well as and alternatives to the proposed
15 treatment, and the risks and benefits thereof, to the extent
16 such advice is consistent with the nature and frequency of
17 the side effects and the recipient's ability to understand
18 the information communicated. The physician shall determine
19 and state in writing whether the recipient has the capacity
20 to make a reasoned decision about the treatment. The
21 physician or the physician's designee shall provide to the
22 recipient's substitute decision maker, if any, the same
23 written information that is required to be presented to the
24 recipient in writing. If the recipient lacks the capacity to
25 make a reasoned decision about the treatment, the treatment
26 may be administered only (i) pursuant to the provisions of
27 Section 2-107 or 2-107.1 or (ii) pursuant to a power of
28 attorney for health care under the Powers of Attorney for
29 Health Care Law or a declaration for mental health treatment
30 under the Mental Health Treatment Preference Declaration Act.
31 A surrogate decision maker, other than a court appointed
32 guardian, under the Health Care Surrogate Act may not
33 consent to the administration of authorized involuntary
34 treatment. A surrogate may, however, petition for
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1 administration of authorized involuntary treatment pursuant
2 to this Act. If the recipient is under guardianship and the
3 guardian is authorized to consent to the administration of
4 authorized involuntary treatment pursuant to subsection (c)
5 of Section 2-107.1 of this Code, the physician shall advise
6 the guardian in writing of the side effects and risks of the
7 treatment, alternatives to the proposed treatment, and the
8 risks and benefits of the treatment. Any recipient who is a
9 resident of a mental health or developmental disabilities
10 facility shall be advised in writing of his right to refuse
11 such services pursuant to Section 2-107 of this Code. A
12 qualified professional shall be responsible for overseeing
13 the implementation of such plan. Such care and treatment
14 shall make reasonable accommodation of any physical
15 disability of the recipient, including but not limited to
16 include the regular use of sign language for any hearing
17 impaired individual for whom sign language is a primary mode
18 of communication. If the recipient is unable to communicate
19 effectively in English, the facility shall make reasonable
20 efforts to provide services to the recipient in a language
21 that the recipient understands.
22 (b) A recipient of services who is an adherent or a
23 member of any well-recognized religious denomination, the
24 principles and tenets of which teach reliance upon services
25 by spiritual means through prayer alone for healing by a duly
26 accredited practitioner thereof, shall have the right to
27 choose such services. The parent or guardian of a recipient
28 of services who is a minor, or a guardian of a recipient of
29 services who is not a minor, shall have the right to choose
30 services by spiritual means through prayer for the recipient
31 of services.
32 (Source: P.A. 90-538, eff. 12-1-97.)
33 (405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
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1 Sec. 2-107. Refusal of services; informing of risks.
2 (a) An adult recipient of services, or, if the recipient
3 is under guardianship, the recipient's guardian, if the
4 recipient is under guardianship, and the recipient's
5 substitute decision maker, if any, must be informed of the
6 recipient's right to refuse medication. The recipient and
7 the recipient's guardian or substitute decision maker shall
8 be given the opportunity to refuse generally accepted mental
9 health or developmental disability services, including but
10 not limited to medication. If such services are refused,
11 they shall not be given unless such services are necessary to
12 prevent the recipient from causing serious and imminent
13 physical harm to the recipient himself or others and no less
14 restrictive alternative is available. The facility director
15 shall inform a recipient, or guardian, or substitute decision
16 maker, if any, who refuses such services of alternate
17 services available and the risks of such alternate services,
18 as well as the possible consequences to the recipient of
19 refusal of such services.
20 (b) Authorized involuntary treatment may be given under
21 this Section for up to 24 hours only if the circumstances
22 leading up to the need for emergency treatment are set forth
23 in writing in the recipient's record.
24 (c) Authorized involuntary treatment may not be
25 continued unless the need for such treatment is redetermined
26 at least every 24 hours based upon a personal examination of
27 the recipient by a physician or a nurse under the supervision
28 of a physician and the circumstances demonstrating that need
29 are set forth in writing in the recipient's record.
30 (d) Authorized involuntary treatment may not be
31 administered under this Section for a period in excess of 72
32 hours 3 consecutive days, excluding Saturdays, Sundays, and
33 holidays, unless the facility files a petition is filed
34 under Section 2-107.1 and the treatment continues to be
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1 necessary under subsection (a) of this Section. Once the
2 petition has been filed, treatment may continue in compliance
3 with subsections (a), (b), and (c) of this Section until the
4 final outcome of the hearing on the petition. in order to
5 prevent the recipient from causing serious and imminent
6 physical harm to himself or herself or others.
7 (e) The Department shall issue rules designed to insure
8 that in State-operated mental health facilities authorized
9 involuntary treatment is administered in accordance with this
10 Section and only when appropriately authorized and monitored
11 by a physician or a nurse under the supervision of a
12 physician in accordance with accepted medical practice. The
13 facility director of each mental health facility not operated
14 by the State shall issue rules designed to insure that in
15 that facility authorized involuntary treatment is
16 administered in accordance with this Section and only when
17 appropriately authorized and monitored by a physician or a
18 nurse under the supervision of a physician in accordance with
19 accepted medical practice. Such rules shall be available for
20 public inspection and copying during normal business hours.
21 (f) The provisions of this Section with respect to the
22 emergency administration of authorized involuntary treatment
23 do not apply to facilities licensed under the Nursing Home
24 Care Act.
25 (g) Under no circumstances may long-acting psychotropic
26 medications be administered under this Section.
27 (Source: P.A. 89-427, eff. 6-1-96; 89-439, eff. 6-1-96;
28 90-538, eff. 12-1-97.)
29 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
30 Sec. 2-107.1. Administration of authorized involuntary
31 treatment upon application to a court.
32 (a) An adult recipient of services and the recipient's
33 guardian, if the recipient is under guardianship, and the
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1 substitute decision maker, if any, shall be informed of the
2 recipient's right to refuse medication. The recipient and the
3 recipient's guardian or substitute decision maker shall be
4 given the opportunity to refuse generally accepted mental
5 health or developmental disability services, including but
6 not limited to medication.
7 (a-5) (a) Notwithstanding the provisions of Section
8 2-107 of this Code, authorized involuntary treatment may be
9 administered to an adult recipient of services without the
10 informed consent of the recipient under the following
11 standards:
12 (1) Any person 18 years of age or older, including
13 any guardian, may petition the circuit court for an order
14 authorizing the administration of authorized involuntary
15 treatment to a recipient of services. The petition shall
16 state that the petitioner has made a good faith attempt
17 to determine whether the recipient has executed a power
18 of attorney for health care under the Powers of Attorney
19 for Health Care Law or a declaration for mental health
20 treatment under the Mental Health Treatment Preference
21 Declaration Act and to obtain copies of these instruments
22 if they exist. If either of the above-named instruments
23 is available to the petitioner, the instrument or a copy
24 of the instrument shall be attached to the petition as an
25 exhibit. The petitioner shall deliver a copy of the
26 petition, and notice of the time and place of the
27 hearing, to the respondent, his or her attorney, any
28 known agent or attorney-in-fact, if any, and the
29 guardian, if any, no later than 3 10 days prior to the
30 date of the hearing. Service of the petition and notice
31 of the time and place of the hearing may be made by
32 transmitting them via facsimile machine to the respondent
33 or other party. Upon receipt of the petition and notice,
34 the party served, or the person delivering the petition
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1 and notice to the party served, shall acknowledge
2 service. If the party sending the petition and notice
3 does not receive acknowledgement of service within 24
4 hours, service must be made by personal service.
5 If the hearing is requested to be held immediately
6 following the hearing on a petition for involuntary
7 admission, then the notice requirement shall be the same as
8 that for the hearing on the petition for involuntary
9 admission, and the petition filed pursuant to this Section
10 shall be filed with the petition for involuntary admission.
11 The petition may include a request that the court authorize
12 such testing and procedures as may be essential for the safe
13 and effective administration of the authorized involuntary
14 treatment sought to be administered, but only where the
15 petition sets forth the specific testing and procedures
16 sought to be administered.
17 (2) The court shall hold a hearing within 7 14 days
18 of the filing of the petition. The People, the
19 petitioner, or the respondent shall be entitled to a
20 continuance of up to 7 days as of right. An additional
21 continuance of Continuances totaling not more than 7 14
22 days may be granted to any party (i) the recipient upon a
23 showing that the continuance is continuances are needed
24 in order to prepare adequately prepare for or present
25 evidence in a hearing under this Section or (ii) under
26 exceptional circumstances. The court may, in its
27 discretion, grant additional continuances if agreed to by
28 all parties. The hearing shall be separate from a
29 judicial proceeding held to determine whether a person is
30 subject to involuntary admission but may be heard
31 immediately preceding or following such a judicial
32 proceeding and may be heard by the same trier of fact or
33 law as in that judicial proceeding.
34 (3) Unless otherwise provided herein, the
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1 procedures set forth in Article VIII of Chapter 3 of this
2 Act, including the provisions regarding appointment of
3 counsel, shall govern hearings held under this subsection
4 (a-5) (a).
5 (4) Authorized involuntary treatment shall not be
6 administered to the recipient unless it has been
7 determined by clear and convincing evidence that all of
8 the following factors are present:
9 (A) That the recipient has a serious mental
10 illness or developmental disability.
11 (B) That because of said mental illness or
12 developmental disability, the recipient exhibits any
13 one of the following: (i) deterioration of his or
14 her ability to function, (ii) suffering, or (iii)
15 threatening behavior, or (iv) disruptive behavior.
16 (C) That the illness or disability has existed
17 for a period marked by the continuing presence of
18 the symptoms set forth in item (B) of this
19 subdivision (4) or the repeated episodic occurrence
20 of these symptoms.
21 (D) That the benefits of the treatment
22 outweigh the harm.
23 (E) That the recipient lacks the capacity to
24 make a reasoned decision about the treatment.
25 (F) That other less restrictive services have
26 been explored and found inappropriate.
27 (G) If the petition seeks authorization for
28 testing and other procedures, that such testing and
29 procedures are essential for the safe and effective
30 administration of the treatment.
31 (5) In no event shall an order issued under this
32 Section be effective for more than 90 days. However,
33 authorized involuntary treatment may be administered for
34 additional 90-day periods without limitation under
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1 hearings that comply with the above standards and
2 procedures of this subsection (a-5) (a). If a new
3 petition to authorize the administration of authorized
4 involuntary treatment is filed at least 15 days prior to
5 the expiration of the prior order, and if any continuance
6 of the hearing is agreed to by the recipient, the
7 administration of the treatment may continue in
8 accordance with the prior order pending the completion of
9 a hearing under this Section.
10 (6) An order issued under this subsection (a-5) (a)
11 shall designate the persons authorized to administer the
12 authorized involuntary treatment under the standards and
13 procedures of this subsection (a-5) (a). Those persons
14 shall have complete discretion not to administer any
15 treatment authorized under this Section. The order shall
16 also specify the medications and the anticipated range of
17 dosages that have been authorized.
18 (b) A guardian may be authorized to consent to the
19 administration of authorized involuntary treatment to an
20 objecting recipient only under the standards and procedures
21 of subsection (a-5) (a).
22 (c) Notwithstanding any other provision of this Section,
23 a guardian may consent to the administration of authorized
24 involuntary treatment to a non-objecting recipient under
25 Article XIa of the Probate Act of 1975.
26 (d) Nothing in this Section shall prevent the
27 administration of authorized involuntary treatment to
28 recipients in an emergency under Section 2-107 of this Act.
29 (e) Notwithstanding any of the provisions of this
30 Section, authorized involuntary treatment may be administered
31 pursuant to a power of attorney for health care under the
32 Powers of Attorney for Health Care Law or a declaration for
33 mental health treatment under the Mental Health Treatment
34 Preference Declaration Act.
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1 (Source: P.A. 89-11, eff. 3-31-95; 89-439, eff. 6-1-96;
2 90-538, eff. 12-1-97.)
3 (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
4 Sec. 2-200. (a) Upon commencement of services, or as
5 soon thereafter as the condition of the recipient permits,
6 every adult recipient, as well as the recipient's guardian or
7 substitute decision maker, and every recipient who is 12
8 years of age or older and the parent or guardian of a minor
9 or person under guardianship shall be informed orally and in
10 writing of the rights guaranteed by this Chapter which are
11 relevant to the nature of the recipient's his services
12 program. Every facility shall also post conspicuously in
13 public areas a summary of the rights which are relevant to
14 the services delivered by that facility.
15 (b) A recipient who is 12 years of age or older and the
16 parent or guardian of a minor or person under guardianship at
17 any time may designate, and upon commencement of services
18 shall be informed of the right to designate, a person or
19 agency to receive notice under Section 2-201 or to direct
20 that no information about the recipient be disclosed to any
21 person or agency.
22 (c) Upon commencement of services, or as soon thereafter
23 as the condition of the recipient permits, the facility shall
24 ask the adult recipient or minor recipient admitted pursuant
25 to Section 3-502 whether the recipient wants the facility to
26 contact the recipient's spouse, parents, guardian, close
27 relatives, friends, attorney, advocate from the Guardianship
28 and Advocacy Commission or the agency designated by the
29 Governor under Section 1 of "An Act in relation to the
30 protection and advocacy of the rights of persons with
31 developmental disabilities, and amending Acts therein named",
32 approved September 20, 1985, or others and inform them of the
33 recipient's presence at the facility. The facility shall by
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1 phone or by mail contact at least two of those people
2 designated by the recipient and shall inform them of the
3 recipient's location. If the recipient so requests, the
4 facility shall also inform them of how to contact the
5 recipient.
6 (d) Upon commencement of services, or as soon thereafter
7 as the condition of the recipient permits, the facility shall
8 advise the recipient as to the circumstances under which the
9 law permits the use of emergency forced medication under
10 subsection (a) of Section 2-107, restraint under Section
11 2-108, or seclusion under Section 2-109. At the same time,
12 the facility shall inquire of the recipient which form of
13 intervention the recipient would prefer if any of these
14 circumstances should arise. The recipient's preference shall
15 be noted in the recipient's record and communicated by the
16 facility to the recipient's guardian or substitute decision
17 maker, if any, and any other individual designated by the
18 recipient. If any such circumstances subsequently do arise,
19 the facility shall give due consideration to the preferences
20 of the recipient regarding which form of intervention to use
21 as communicated to the facility by the recipient or as stated
22 in the recipient's advance directive.
23 (Source: P.A. 86-1417.)
24 (405 ILCS 5/2-201) (from Ch. 91 1/2, par. 2-201)
25 Sec. 2-201. (a) Whenever any rights of a recipient of
26 services that are specified in this Chapter are restricted,
27 the professional responsible for overseeing the
28 implementation of the recipient's services plan shall be
29 responsible for promptly giving notice of the restriction or
30 use of restraint or seclusion and the reason therefor to:
31 (1) the recipient and, if such recipient is a minor
32 or under guardianship, his parent or guardian;
33 (2) a person designated under subsection (b) of
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1 Section 2-200 upon commencement of services or at any
2 later time to receive such notice;
3 (3) the facility director; and
4 (4) the Guardianship and Advocacy Commission, or
5 the agency designated under "An Act in relation to the
6 protection and advocacy of the rights of persons with
7 developmental disabilities, and amending Acts therein
8 named", approved September 20, 1985, if either is so
9 designated; and.
10 (5) the recipient's substitute decision maker, if
11 any.
12 The professional shall also be responsible for promptly
13 recording such restriction or use of restraint or seclusion
14 and the reason therefor in the recipient's record.
15 (b) The facility director shall maintain a file of all
16 notices of restrictions of rights, or the use of restraint or
17 seclusion for the past 3 years. The facility director shall
18 allow the Guardianship and Advocacy Commission, the agency
19 designated by the Governor under Section 1 of "An Act in
20 relation to the protection and advocacy of the rights of
21 persons with developmental disabilities, and amending Acts
22 therein named," approved September 20, 1985, and the
23 Department to examine and copy such records upon request.
24 Records obtained under this Section shall not be further
25 disclosed except pursuant to written authorization of the
26 recipient under Section 5 of the Mental Health and
27 Developmental Disabilities Confidentiality Act.
28 (Source: P.A. 86-1416.)
29 (405 ILCS 5/3-205.5 new)
30 Sec. 3-205.5. Examination and social investigation.
31 When any person is first presented for admission to a mental
32 health facility under Chapter III of this Code, within 72
33 hours thereafter, excluding Saturdays, Sundays, and holidays,
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1 the facility shall provide or arrange for a comprehensive
2 physical examination, mental examination, and social
3 investigation of that person. The examinations and social
4 investigation shall be used to determine whether some program
5 other than hospitalization will meet the needs of the person,
6 with preference being given to care or treatment that will
7 enable the person to return to his or her own home or
8 community.
9 (405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207)
10 Sec. 3-207. (a) Hearings under Sections 3-405, 3-904 and
11 3-911 of this Chapter shall be conducted by a utilization
12 review committee. For hearings under Section 3-405, if the
13 Community Service Area has a participating mental health
14 center, the director of the participating mental health
15 center shall appoint a utilization review committee. The
16 Secretary shall appoint a utilization review committee at
17 each Department facility. Each such committee shall consist
18 of a multi-disciplinary group of professional staff members
19 who are trained and equipped to deal with the clinical and
20 treatment needs of recipients. The recipient and the objector
21 may be represented by persons of their choice.
22 (b) The committee shall not be bound by rules of
23 evidence or procedure but shall conduct the proceedings in a
24 manner intended to ensure a fair hearing. The committee may
25 make such investigation as it deems necessary. A record of
26 the proceedings shall be made and shall be kept in the
27 recipient's record. Within 3 days of conclusion of the
28 hearing, the committee shall submit to the facility director
29 or the director of the participating mental health center its
30 written recommendations which include its factual findings
31 and conclusions. A copy of the recommendations shall be
32 given to the recipient and the objector.
33 (c) Within 7 days of receipt of the recommendations, the
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1 facility director or director of the participating mental
2 health center shall give written notice to the recipient and
3 objector of his acceptance or rejection of the
4 recommendations and his reason therefor. If the director of
5 the facility or participating mental health center rejects
6 the recommendations or if the recipient or objector requests
7 review of the director's decision, the director shall
8 promptly forward a copy of his decision, the recommendations,
9 and the record of the hearing to the Secretary of the
10 Department for final review. The decision of the director or
11 the decision of the Secretary of the Department, if his
12 review was requested, shall be considered a final
13 administrative decision.
14 (Source: P.A. 88-380; 88-484; 89-507, eff. 7-1-97.)
15 (405 ILCS 5/3-208) (from Ch. 91 1/2, par. 3-208)
16 Sec. 3-208. Whenever a petition has been executed
17 pursuant to Section 3-507, 3-601 or 3-701, and prior to this
18 examination for the purpose of certification of a person 12
19 or over, the person conducting this examination shall inform
20 the person being examined in a simple comprehensible manner
21 of the purpose of the examination; that he does not have to
22 talk to the examiner; and that any statements he makes may be
23 disclosed at a court hearing on the issue of whether he is
24 subject to involuntary admission. If the person being
25 examined has not been so informed, the examiner shall not be
26 permitted to testify at any subsequent court hearing
27 concerning the respondent's admission. If a community service
28 area has a participating mental health center, the qualified
29 certifier shall also so inform the person before any
30 evaluation may occur.
31 (Source: P.A. 88-484.)
32 (405 ILCS 5/3-300) (from Ch. 91 1/2, par. 3-300)
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1 Sec. 3-300. Admission.
2 (a) Any person desiring admission to a mental health
3 facility for treatment of a mental illness may be admitted
4 upon his request without making formal application therefor
5 if, after examination, the facility director considers that
6 person clinically suitable for admission upon an informal
7 basis, except that if the Community Service Area has a
8 participating mental health center, no person shall be
9 admitted to a State-operated mental health facility until a
10 written statement, as required under Section 3-601.1,
11 recommending admission has been obtained from a qualified
12 certifier.
13 (b) Each recipient admitted under this Section shall be
14 informed in writing and orally at the time of admission of
15 his right to be discharged from the facility at any time
16 during the normal daily day-shift hours of operation, which
17 shall include but need not be limited to 9 a.m. to 5 p.m.
18 Such right to be discharged shall commence with the first
19 day-shift hours of operation after his admission.
20 (c) If the facility director decides to admit a person
21 as a voluntary recipient, he shall state in the recipient's
22 record the reason why informal admission is not suitable.
23 (Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)
24 (405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)
25 Sec. 3-400. Any person 16 or older may be admitted to a
26 mental health facility as a voluntary recipient for treatment
27 of a mental illness upon the filing of an application with
28 the facility director of the facility if the facility
29 director deems such person clinically suitable for admission
30 as a voluntary recipient, except that if the Community
31 Service Area has a participating mental health center, no
32 person shall be admitted to a State-operated mental health
33 facility until a written statement, as required under Section
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1 3-601.1, recommending admission has been obtained from a
2 qualified certifier.
3 (Source: P.A. 88-380; 88-484.)
4 (405 ILCS 5/3-405) (from Ch. 91 1/2, par. 3-405)
5 Sec. 3-405. (a) If the facility director of a
6 Department mental health facility or a participating mental
7 health center declines to admit a person seeking admission
8 under Articles III or IV of this Chapter, a review of the
9 denial may be requested by the person seeking admission or,
10 with his consent, by an interested person on his behalf.
11 Such a request may be made on behalf of a minor presented for
12 admission under Section 3-502, 3-503 or 3-504 by the minor's
13 attorney, by the parent, guardian or person in loco parentis
14 who executed the application for his admission, or by the
15 minor himself if he is 16 years of age or older. Whenever
16 admission to a Department facility is denied, the person
17 seeking admission shall immediately be given written notice
18 of the right to request review of the denial under this
19 Section and shall be provided, if he is 12 or older, with the
20 address and phone number of the Guardianship and Advocacy
21 Commission. If the person requests, the facility director or
22 director of the participating mental health center shall
23 assist him in contacting the Commission. A written request
24 for review shall be submitted to the director of the facility
25 or the participating mental health center that denied
26 admission within 14 days of the denial. Upon receipt of the
27 request, the facility director or director of the
28 participating mental health center shall promptly schedule a
29 hearing to be held at the denying facility within 7 days
30 pursuant to Section 3-207.
31 (b) At the hearing the Department or the participating
32 mental health center shall have the burden of proving that
33 the person denied admission does not meet the standard set
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1 forth in the Section under which admission is sought or that
2 an appropriate alternative community treatment program was
3 available to meet the person's needs and was offered. If the
4 utilization review committee finds that the decision denying
5 admission is based upon substantial evidence, it shall
6 recommend that the denial of admission be upheld. However, if
7 it finds that the facility to which admission is sought can
8 provide adequate and appropriate treatment for the person and
9 no appropriate community alternative treatment is available,
10 it shall recommend that the person denied admission be
11 admitted. If it determines that another facility can provide
12 treatment appropriate to the clinical condition and needs of
13 the person denied admission, it may recommend that the
14 Department or other agency assist the person in obtaining
15 such treatment.
16 (Source: P.A. 88-484.)
17 (405 ILCS 5/3-502) (from Ch. 91 1/2, par. 3-502)
18 Sec. 3-502. Any minor 16 years of age or older may be
19 admitted to a mental health facility as a voluntary recipient
20 under Article IV of this Chapter if the minor himself
21 executes the application, except that if the Community
22 Service Area has a participating mental health center, no
23 minor shall be admitted to a State-operated mental health
24 center until a written statement, as required under Section
25 3-601.1, recommending admission has been obtained from a
26 qualified certifier. A minor so admitted shall be treated as
27 an adult under Article IV and shall be subject to all of the
28 provisions of that Article. The minor's parent, guardian or
29 person in loco parentis shall be immediately informed of the
30 admission.
31 (Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)
32 (405 ILCS 5/3-503) (from Ch. 91 1/2, par. 3-503)
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1 Sec. 3-503. Admission on application of parent or
2 guardian.
3 (a) Any minor may be admitted to a mental health
4 facility for inpatient treatment upon application to the
5 facility director, if the facility director finds that the
6 minor has a mental illness or emotional disturbance of such
7 severity that hospitalization is necessary and that the minor
8 is likely to benefit from inpatient treatment, except that if
9 admission is sought to a State-operated facility and the
10 Community Service Area has a participating mental health
11 center, no minor shall be admitted to a State-operated mental
12 health center until a written statement, as required under
13 Section 3-601.1, recommending admission or proposing
14 available alternative treatment has been obtained from a
15 qualified certifier. Except in cases of admission under
16 Section 3-504, prior to admission, a psychiatrist, clinical
17 social worker, or clinical psychologist who has personally
18 examined the minor shall state in writing that the minor
19 meets the standard for admission. The statement shall set
20 forth in detail the reasons for that conclusion and shall
21 indicate what alternatives to hospitalization have been
22 explored.
23 (b) The application may be executed by a parent or
24 guardian or, in the absence of a parent or guardian, by a
25 person in loco parentis. Application may be made for a minor
26 who is a ward of the State by the Department of Children and
27 Family Services or by the Department of Corrections.
28 (Source: P.A. 87-530; 88-484.)
29 (405 ILCS 5/3-504) (from Ch. 91 1/2, par. 3-504)
30 Sec. 3-504. Minors; emergency admissions.
31 (a) A minor who is eligible for admission under Section
32 3-503 and who is in a condition that immediate
33 hospitalization is necessary may be admitted upon the
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1 application of a parent or guardian, or person in loco
2 parentis, or of an interested person 18 years of age or older
3 when, after diligent effort, the minor's parent, guardian or
4 person in loco parentis cannot be located or refuses to
5 consent to admission, except that if the Community Service
6 Area has a participating mental health center, no minor shall
7 be admitted to a State-operated mental health center until a
8 written statement, as required under Section 3-601.1,
9 recommending admission or proposing available alternative
10 treatment has been obtained from a qualified certifier.
11 Following admission of the minor, the facility director of
12 the mental health facility shall continue efforts to locate
13 the minor's parent, guardian or person in loco parentis. If
14 that person is located and consents in writing to the
15 admission, the minor may continue to be hospitalized.
16 However, upon notification of the admission, the parent,
17 guardian or person in loco parentis may request the minor's
18 discharge subject to the provisions of Section 3-508.
19 (b) A peace officer may take a minor into custody and
20 transport the minor to a mental health facility when, as a
21 result of his personal observation, the peace officer has
22 reasonable grounds to believe that the minor is eligible for
23 admission under Section 3-503 and is in a condition that
24 immediate hospitalization is necessary in order to protect
25 the minor or others from physical harm, except that if
26 admission is sought to a State-operated mental health
27 facility and the Community Service Area has a participating
28 mental health center, no minor shall be transported to a
29 State-operated facility until a written statement, as
30 required under Section 3-601.1, recommending admission or
31 proposing available alternative treatment has been obtained
32 from a qualified certifier. Upon arrival at the facility or
33 participating mental health center, the peace officer shall
34 complete an application under Section 3-503 and shall further
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1 include a detailed statement of the reason for the assertion
2 that immediate hospitalization is necessary, including a
3 description of any acts or significant threats supporting the
4 assertion, the time and place of the occurrence of those acts
5 or threats, and the names, addresses and telephone numbers of
6 other witnesses of those acts or threats.
7 (c) If no parent, guardian or person in loco parentis
8 can be found within 3 days, excluding Saturdays, Sundays or
9 holidays, after the admission of a minor, or if that person
10 refuses either to consent to admission of the minor or to
11 request his discharge, a petition shall be filed under the
12 Juvenile Court Act of 1987 to ensure that appropriate
13 guardianship is provided.
14 (d) If, however, a court finds, based on the evaluation
15 by a psychiatrist, licensed clinical social worker, or
16 licensed clinical psychologist or the testimony or other
17 information offered by a parent, guardian, person acting in
18 loco parentis or other interested adults, that it is
19 necessary in order to complete an examination of a minor, the
20 court may order that the minor be admitted to a mental health
21 facility pending examination and may order a peace officer or
22 other person to transport the minor to the facility, except
23 that if the mental health facility is a State-operated mental
24 health facility and the Community Service Area has a
25 participating mental health center, the minor shall be seen
26 for a screening evaluation by a qualified certifier. After
27 examination, the participating mental health center shall
28 recommend to the court an appropriate treatment setting. If
29 the appropriate treatment setting is a State-operated mental
30 health facility, the participating mental health center shall
31 provide a written statement, as required under Section
32 3-601.1, obtained from a qualified certifier recommending
33 admission to a State-operated mental health facility.
34 (e) If a parent, guardian, or person acting in loco
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1 parentis is unable to transport a minor to a mental health
2 facility for examination, the parent, guardian, or person
3 acting in loco parentis may petition the court to compel a
4 peace officer to take the minor into custody and transport
5 the minor to a mental health facility for examination. The
6 court may grant the order if the court finds, based on the
7 evaluation by a psychiatrist, licensed clinical social
8 worker, or licensed clinical psychologist or the testimony of
9 a parent, guardian, or person acting in loco parentis that
10 the examination is necessary and that the assistance of a
11 peace officer is required to effectuate admission of the
12 minor to a mental health facility.
13 (f) Within 24 hours after admission under this Section,
14 a psychiatrist or clinical psychologist who has personally
15 examined the minor shall certify in writing that the minor
16 meets the standard for admission. If no certificate is
17 furnished, the minor shall be discharged immediately.
18 (Source: P.A. 87-530; 88-484; 88-670, eff. 12-2-94.)
19 (405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601)
20 Sec. 3-601. Involuntary admission; petition.
21 (a) When a person is asserted to be subject to
22 involuntary admission and in such a condition that immediate
23 hospitalization is necessary for the protection of such
24 person or others from physical harm, any person 18 years of
25 age or older may present a petition to the facility director
26 of a mental health facility in the county where the
27 respondent resides or is present, except that if admission is
28 sought to a State-operated mental health facility and the
29 Community Service Area has a participating mental health
30 center, the petition may be presented to the qualified
31 certifier. No person shall be admitted to a State-operated
32 mental health facility until a written statement, as required
33 under Section 3-601.1, recommending admission has been
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1 obtained from a qualified certifier, except that if the
2 person asserted to be subject to involuntary admission is
3 presented for admission directly to a State-operated mental
4 health facility or when no qualified certifier is immediately
5 available, the person shall be admitted to the State-operated
6 mental health facility and the participating mental health
7 center shall be notified, as provided in Section 3-603, and
8 shall provide a qualified certifier to conduct a screening
9 within 24 hours. The petition may be prepared by the
10 facility director of the facility.
11 (b) The petition shall include all of the following:
12 1. A detailed statement of the reason for the assertion
13 that the respondent is subject to involuntary admission,
14 including the signs and symptoms of a mental illness and a
15 description of any acts, or significant threats, or other
16 behavior or pattern or behavior supporting the assertion and
17 the time and place of their occurrence.;
18 2. The name and address of the spouse, parent, guardian,
19 substitute decision maker, if any, and close relative, or if
20 none, the name and address of any known friend of the
21 respondent whom the petitioner has reason to believe may know
22 or have any of the other names and addresses. If the
23 petitioner is unable to supply any such names and addresses,
24 the petitioner he shall state that diligent inquiry was made
25 to learn this information and specify the steps taken.;
26 3. The petitioner's relationship to the respondent and a
27 statement as to whether the petitioner has legal or financial
28 interest in the matter or is involved in litigation with the
29 respondent. If the petitioner has a legal or financial
30 interest in the matter or is involved in litigation with the
31 respondent, a statement of why the petitioner believes it
32 would not be practicable or possible for someone else to be
33 the petitioner.;
34 4. The names, addresses and phone numbers of the
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1 witnesses by which the facts asserted may be proved.
2 (c) Knowingly making a material false statement in the
3 petition is a Class A misdemeanor.
4 (Source: P.A. 88-484.)
5 (405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
6 Sec. 3-603. (a) If no physician, qualified examiner, or
7 clinical psychologist or qualified certifier at a
8 participating mental health center is immediately available
9 or it is not possible after a diligent effort to obtain the
10 certificate provided for in Section 3-602, the respondent may
11 be detained for examination in a mental health facility upon
12 presentation of the petition alone pending the obtaining of
13 such a certificate, except that if admission is sought to a
14 State-operated mental health facility and the Community
15 Service Area has a participating mental health center, the
16 participating mental health center shall be notified and
17 shall provide a qualified certifier to conduct a screening
18 within 24 hours.
19 (b) In such instance the petition shall conform to the
20 requirements of Section 3-601 and further specify that:
21 1. the petitioner believes, as a result of his personal
22 observation, that the respondent is subject to involuntary
23 admission;
24 2. a diligent effort was made to obtain a certificate;
25 and
26 3. no physician, qualified examiner, or clinical
27 psychologist could be found who has examined or could examine
28 the respondent.
29 (Source: P.A. 88-484.)
30 (405 ILCS 5/3-606) (from Ch. 91 1/2, par. 3-606)
31 Sec. 3-606. A peace officer may take a person into
32 custody and transport him to a mental health facility when,
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1 as a result of his personal observation, the peace officer
2 has reasonable grounds to believe that the person is subject
3 to involuntary admission and in need of immediate
4 hospitalization to protect such person or others from
5 physical harm, except that if treatment is sought to a
6 State-operated mental health facility and the Community
7 Service Area has a participating mental health center, the
8 person shall first be seen for a screening examination by a
9 qualified certifier. After examination, the participating
10 mental health center shall refer the person to an appropriate
11 treatment setting. If the appropriate treatment setting is a
12 State-operated mental health facility, the participating
13 mental health center shall provide a written statement as
14 required under Section 3-601.1. Upon arrival at the facility
15 or participating mental health center, the peace officer
16 shall complete the petition under Section 3-601.
17 (Source: P.A. 88-484.)
18 (405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
19 Sec. 3-607. Court ordered temporary detention and
20 examination. When, as a result of personal observation and
21 testimony in open court, any court has reasonable grounds to
22 believe that a person appearing before it is subject to
23 involuntary admission and in need of immediate
24 hospitalization to protect such person or others from
25 physical harm, the court may enter an order for the temporary
26 detention and examination of such person, except that if
27 detention and examination is ordered at a State-operated
28 mental health facility and the Community Service Area has a
29 participating mental health center, the person shall be seen
30 for a screening examination by a qualified certifier. After
31 examination the participating mental health center shall
32 recommend to the court an appropriate treatment setting. If
33 the appropriate treatment setting is a State-operated mental
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1 health facility, the participating mental health center shall
2 provide a written statement as required under Section
3 3-601.1. The order shall set forth in detail the facts which
4 are the basis for its conclusion. The court may order a
5 peace officer to take the person into custody and transport
6 him to a mental health facility. The person may be detained
7 for examination for no more than 24 hours. If a petition and
8 certificate, as provided in this Article, are executed within
9 the 24 hours, the person may be admitted and the provisions
10 of this Article shall apply. If no petition or certificate
11 is executed, the person shall be released.
12 (Source: P.A. 88-484.)
13 (405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702)
14 Sec. 3-702. (a) The petition may be accompanied by the
15 certificate of a physician, qualified examiner, or clinical
16 psychologist which certifies that the respondent is subject
17 to involuntary admission and which contains the other
18 information specified in Section 3-602.
19 (b) Upon receipt of the petition either with or without
20 a certificate, if the court finds the documents are in order,
21 it may make such orders pursuant to Section 3-703 as are
22 necessary to provide for examination of the respondent. If
23 the petition is not accompanied by 2 certificates executed
24 pursuant to Section 3-703, the court may order the respondent
25 to present himself for examination at a time and place
26 designated by the court, except that if the place is a
27 State-operated mental health facility and the Community
28 Service Area has a participating mental health center, the
29 person shall be seen for a screening examination by a
30 qualified certifier. After examination, the participating
31 mental health center shall recommend to the court an
32 appropriate treatment setting. If the appropriate treatment
33 setting is a State-operated mental health facility, the
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1 participating mental health center shall provide a written
2 statement, as required under Section 3-601.1, obtained from a
3 qualified certifier recommending admission to a
4 State-operated mental health facility. If the petition is
5 accompanied by 2 certificates executed pursuant to Section
6 3-703 and the court finds the documents are in order, it
7 shall set the matter for hearing.
8 (Source: P.A. 88-484.)
9 (405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)
10 Sec. 3-704. Examination; detention.
11 (a) The respondent shall be permitted to remain in his
12 or her place of residence pending any examination. The
13 respondent He may be accompanied by one or more of his or her
14 relatives or friends or by his or her attorney to the place
15 of examination. If, however, the court finds that it is
16 necessary in order to complete the examination the court may
17 order that the person be admitted to a mental health facility
18 pending examination and may order a peace officer or other
19 person to transport the person him there. If examination and
20 detention is sought at a State-operated mental health
21 facility and the Community Service Area has a participating
22 mental health center, the person shall be seen for a
23 screening examination by a qualified certifier. After
24 examination, the participating mental health center shall
25 recommend to the court an appropriate treatment setting. If
26 the appropriate setting is a State-operated mental health
27 facility, the participating mental health center shall
28 provide a written statement, as required under Section
29 3-601.1, obtained from a qualified certifier recommending
30 admission to a State-operated mental health facility.
31 Whenever possible The examination shall be conducted at a
32 local mental health facility or hospital or, if possible, in
33 the respondent's own place of residence. No person may be
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1 detained for examination under this Section for more than 24
2 hours. The person shall be released upon completion of the
3 examination unless the physician, qualified examiner or
4 clinical psychologist executes a certificate stating that the
5 person is subject to involuntary admission and in need of
6 immediate hospitalization to protect such person or others
7 from physical harm. Upon admission under this Section
8 treatment may be given pursuant to Section 3-608.
9 (b) Not later than 24 hours, excluding Saturdays,
10 Sundays, and holidays, after admission under this Section,
11 the respondent shall be asked if he desires the petition and
12 the notice required under Section 3-206 sent to any other
13 persons and at least 2 such persons designated by the
14 respondent shall be sent the documents. At the time of his
15 admission the respondent shall be allowed to complete not
16 fewer than 2 telephone calls to such persons as he chooses.
17 (Source: P.A. 88-484.)
18 (405 ILCS 5/3-706) (from Ch. 91 1/2, par. 3-706)
19 Sec. 3-706. The court shall set a hearing to be held
20 within 5 days, excluding Saturdays, Sundays and holidays,
21 after its receipt of the second certificate or after the
22 respondent is admitted to a mental health facility, whichever
23 is earlier. The court shall direct that notice of the time
24 and place of hearing be served upon the respondent, his
25 attorney, and guardian, if any, his responsible relatives,
26 the participating mental health center for the Community
27 Service Area, if one exists, and the facility director.
28 Unless the respondent is admitted pursuant to Section 3-704,
29 he may remain at his residence pending the hearing. If,
30 however, the court finds it necessary, it may order a peace
31 officer or another person to have the respondent before the
32 court at the time and place set for hearing.
33 (Source: P.A. 88-484.)
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1 (405 ILCS 5/3-810) (from Ch. 91 1/2, par. 3-810)
2 Sec. 3-810. Before disposition is determined, the
3 facility director or such other person as the court may
4 direct shall prepare a written report including information
5 on the appropriateness and availability of alternative
6 treatment settings, a social investigation of the respondent,
7 a preliminary treatment plan, and any other information which
8 the court may order. If the community service area has a
9 participating mental health center, the written statement as
10 required under Section 3-601.1 shall be attached to this
11 report. The treatment plan shall describe the respondent's
12 problems and needs, the treatment goals, the proposed
13 treatment methods, and a projected timetable for their
14 attainment. If the respondent is found subject to involuntary
15 admission, the court shall consider the report in determining
16 an appropriate disposition.
17 (Source: P.A. 88-484.)
18 (405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811)
19 Sec. 3-811. Involuntary admission; alternative mental
20 health facilities. If any person is found subject to
21 involuntary admission, the court shall consider alternative
22 mental health facilities which are appropriate for and
23 available to the respondent, including but not limited to
24 hospitalization. The court may order the respondent to
25 undergo a program of hospitalization in a mental health
26 facility designated by the Department, or alternative
27 treatment in a licensed private hospital or private mental
28 health facility if it agrees,; or in a facility of the United
29 States State Veterans Administration if it agrees; or the
30 court may order the respondent to undergo a program of
31 alternative treatment; or the court may place the respondent
32 in the care and custody of a relative or other person willing
33 and able to properly care for him or her; or in a mental
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1 health facility recommended by the participating mental
2 health center of a Community Service Area, or if there is no
3 participating mental health center in a Community Service
4 Area, the Department shall designate the State-operated
5 mental health facility. If the participating mental health
6 center recommends a State-operated mental health facility,
7 the participating mental health center shall provide a
8 written statement as required under Section 3-601.1. The
9 court shall order the least restrictive alternative for
10 treatment which is appropriate.
11 (Source: P.A. 88-484.)
12 (405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812)
13 Sec. 3-812. Court ordered alternative treatment;
14 modification; revocation.
15 (a) Alternative treatment shall not be ordered unless
16 the program being considered is capable of providing adequate
17 and humane treatment in the least restrictive setting which
18 is appropriate to the respondent's condition.
19 The court shall have continuing authority to modify an
20 order for alternative treatment if the recipient fails to
21 comply with the order or is otherwise found unsuitable for
22 alternative treatment. Prior to modifying such an order, the
23 court shall receive a report from the facility director of
24 the program specifying why the alternative treatment is
25 unsuitable. The recipient shall be notified and given an
26 opportunity to respond when modification of the order for
27 alternative treatment is considered.
28 (b) If the court revokes an order for alternative
29 treatment and orders a recipient hospitalized, it may order a
30 peace officer to take the recipient into custody and
31 transport him to the facility. The court may order the
32 recipient to undergo a program of hospitalization at a
33 licensed private hospital or private mental health facility,
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1 or a facility of the United States Veterans Administration,
2 if such private or Veterans Administration facility agrees to
3 such placement, or at a mental health facility designated by
4 the Department. participating mental health center of a
5 Community Service Area, and if there is no participating
6 mental health center in the Community Service Area, the
7 Department shall designate the State-operated mental health
8 facility. If the participating mental health center
9 designates a State-operated mental health facility, the
10 participating mental health center shall provide a written
11 statement as required under Section 3-601.1.
12 (Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)
13 (405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902)
14 Sec. 3-902. Director initiated discharge.
15 (a) The facility director may at any time discharge an
16 informal, voluntary, or minor recipient who is clinically
17 suitable for discharge, except that no person shall be
18 discharged from a State-operated mental health facility, if
19 there is a participating mental health center located in a
20 Community Service Area in which the recipient intends to
21 live, without a written notice to the participating mental
22 health center.
23 (b) The facility director shall discharge a recipient
24 admitted upon court order under this Chapter or any prior
25 statute where he is no longer subject to involuntary
26 admission. If the facility director believes that continuing
27 treatment is advisable for such recipient, he shall inform
28 the recipient of his right to remain as an informal or
29 voluntary recipient.
30 (c) When a facility director discharges or changes the
31 status of a recipient pursuant to this Section he shall
32 promptly notify the clerk of the court which entered the
33 original order of the discharge or change in status. Upon
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1 receipt of such notice, the clerk of the court shall note the
2 action taken in the court record. If the person being
3 discharged is a person under legal disability, the facility
4 director shall also submit a certificate regarding his legal
5 status without disability pursuant to Section 3-907.
6 (d) When the facility director determines that discharge
7 is appropriate for a recipient pursuant to this Section or
8 Section 3-403 he or she shall notify the state's attorney of
9 the county in which the recipient resided immediately prior
10 to his admission to a mental health facility and the state's
11 attorney of the county where the last petition for commitment
12 was filed at least 48 hours prior to the discharge when
13 either state's attorney has requested in writing such
14 notification on that individual recipient or when the
15 facility director regards a recipient as a continuing threat
16 to the peace and safety of the community. Upon receipt of
17 such notice, the state's attorney may take any court action
18 or notify such peace officers that he deems appropriate.
19 (e) The facility director may grant a temporary release
20 to a recipient whose condition is not considered appropriate
21 for discharge where such release is considered to be
22 clinically appropriate, provided that the release does not
23 endanger the public safety.
24 (Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94; 89-439,
25 eff. 6-1-96.)
26 (405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)
27 Sec. 3-909. Alternative treatment. Any recipient
28 hospitalized or admitted to alternative treatment or care and
29 custody under Article VIII of this Chapter may at any time
30 petition the court for transfer to a different facility or
31 program of alternative treatment, to care and custody, or to
32 the care and custody of a different person. His attorney,
33 guardian, custodian, or responsible relative may file such a
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1 petition on his behalf. If the recipient is in a private
2 facility, the facility may also petition for transfer.
3 Recipients in private facilities or United States Veterans
4 Administration facilities may petition for transfer to a
5 mental health facility designated by the Department.
6 recommended by the participating mental health center of a
7 Community Service Area, and if the participating mental
8 health center designates a State-operated mental health
9 facility, the participating mental health center shall
10 provide a written statement as required under Section
11 3-601.1. If there is no participating mental health center
12 in a community service area, the Department shall designate
13 the State-operated mental health facility. Recipients may
14 petition for transfer to a program of alternative treatment,
15 or to care and custody. Recipients in private facilities may
16 also petition for transfer to United States Veterans
17 Administration facilities. Recipients in United States
18 Veterans Administration facilities may also petition for
19 transfer to private facilities. Recipients in Department
20 facilities may petition for transfer to a private mental
21 health facility, a United States Veterans Administration
22 facility, a program of alternative treatment, or to care and
23 custody. Admission to a United States Veterans
24 Administration facility shall be governed by Article X of
25 this Chapter 3. No transfers between Department facilities
26 or between units of the same facility may be ordered under
27 this Section. An order for hospitalization shall not be
28 entered under this Section if the original order did not
29 authorize hospitalization unless a hearing is held pursuant
30 to Article VIII of this Chapter.
31 (Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)
32 (405 ILCS 5/5-104) (from Ch. 91 1/2, par. 5-104)
33 Sec. 5-104. The Department may prescribe and publish
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1 rules and regulations to carry out the purposes of this Act
2 and to enforce the provisions this Act and may alter, amend
3 and supplement such rules and regulations relating to this
4 Act; but any person affected adversely by any order or ruling
5 of the Department is entitled to review as provided in
6 Section 6-100 of this Act. Pending final decision on such
7 review, the acts, orders and rulings of the Department shall
8 remain in full force and effect unless modified or suspended
9 by order of court pending final judicial decision thereof.
10 The provisions of the Illinois Administrative Procedure
11 Act are hereby expressly adopted and shall apply to all
12 administrative rules and procedures of the Department under
13 this Act, except that in case of conflict between the
14 Illinois Administrative Procedure Act and this Act the
15 provisions of this Act shall control, and except that Section
16 5-35 of the Illinois Administrative Procedure Act relating to
17 procedures for rule-making does not apply to the adoption of
18 any rule required by federal law in connection with which the
19 Department is precluded by law from exercising any
20 discretion.
21 As part of such rules and regulations, the Department
22 shall require that any State operated facility and any
23 community agency, whether public or private, which provides
24 mental health or developmental disabilities services to any
25 person shall, with respect to such person, use a uniform case
26 opening form approved by the Department. The form shall
27 require that such person's Social Security number be obtained
28 and stated among other information requested. The facility
29 or agency may assign a case number to each recipient of its
30 services, and that number shall be provided to the Department
31 on any reports requested by the Department.
32 As part of the rules and regulations, the Department
33 shall develop and define the boundaries of the Community
34 Service Areas and Service Areas as defined by this Act. It
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1 shall establish, by rule, the criteria for entering into
2 contracts or formal agreements with participating mental
3 health centers, including standards for the following:
4 24-hour crisis care, Medicaid certification, utilization
5 review rights of recipients under Section 3-207, emergency
6 admission processes, psychiatric coverage, linkage of persons
7 deflected from State-operated facilities, complaint
8 investigations and dispute resolutions, undomiciled
9 recipients, and revocation of contracts or formal agreements
10 with participating mental health centers. The rules and
11 regulations shall define a quality assurance process to be
12 implemented by participating mental health centers and the
13 Department involving the establishment of performance
14 indicators monitored by the Department to assure the delivery
15 of quality services that are subject to public
16 accountability. The rules and regulations shall be developed
17 with advice and input from community providers, primary and
18 secondary consumers, advocacy organizations, and other
19 interested parties.
20 (Source: P.A. 88-45; 88-484.)
21 (405 ILCS 5/5-117) (from Ch. 91 1/2, par. 5-117)
22 Sec. 5-117. The Attorney General shall defend all civil
23 actions and proceedings against any employee or agent of the
24 Department or of any participating mental health center
25 arising out of official duties in connection with the
26 apprehension, transportation, examination, services,
27 detention or discharge of any individual under this Act, in
28 any of the courts of this State or in federal court.
29 (Source: P.A. 88-484.)
30 (405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)
31 Sec. 6-103. (a) All persons acting in good faith and
32 without negligence in connection with the preparation of
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1 applications, petitions, certificates or other documents, for
2 the apprehension, transportation, examination, treatment,
3 habilitation, detention or discharge of an individual under
4 the provisions of this Act incur no liability, civil or
5 criminal, by reason of such acts.
6 (b) There shall be no liability on the part of, and no
7 cause of action shall arise against, any person who is a
8 physician, clinical psychologist, or qualified examiner based
9 upon that person's failure to warn of and protect from a
10 recipient's threatened or actual violent behavior except
11 where the recipient has communicated to the person a serious
12 threat of physical violence against a reasonably identifiable
13 victim or victims. Nothing in this Section shall relieve any
14 employee or director of any residential mental health or
15 developmental disabilities facility from any duty he may have
16 to protect the residents of such a facility from any other
17 resident.
18 (c) Any duty which any person may owe to anyone other
19 than a resident of a mental health and developmental
20 disabilities facility shall be discharged by that person
21 making a reasonable effort to communicate the threat to the
22 victim and to a law enforcement agency, or by a reasonable
23 effort to obtain the hospitalization of the recipient.
24 (d) An act of omission or commission by a peace officer
25 acting in good faith in rendering emergency assistance or
26 otherwise enforcing this Code does not impose civil liability
27 on the peace officer or his or her supervisor or employer
28 unless the act is a result of willful or wanton misconduct.
29 (Source: P.A. 88-380.)
30 Section 15. The Mental Health and Developmental
31 Disabilities Confidentiality Act is amended by changing
32 Section 10 as follows:
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1 (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
2 (Text of Section WITHOUT the changes made by P.A. 89-7,
3 which has been held unconstitutional)
4 Sec. 10. (a) Except as provided herein, in any civil,
5 criminal, administrative, or legislative proceeding, or in
6 any proceeding preliminary thereto, a recipient, and a
7 therapist on behalf and in the interest of a recipient, has
8 the privilege to refuse to disclose and to prevent the
9 disclosure of the recipient's record or communications.
10 (1) Records and communications may be disclosed in
11 a civil, criminal or administrative proceeding in which
12 the recipient introduces his mental condition or any
13 aspect of his services received for such condition as an
14 element of his claim or defense, if and only to the
15 extent the court in which the proceedings have been
16 brought, or, in the case of an administrative proceeding,
17 the court to which an appeal or other action for review
18 of an administrative determination may be taken, finds,
19 after in camera examination of testimony or other
20 evidence, that it is relevant, probative, not unduly
21 prejudicial or inflammatory, and otherwise clearly
22 admissible; that other satisfactory evidence is
23 demonstrably unsatisfactory as evidence of the facts
24 sought to be established by such evidence; and that
25 disclosure is more important to the interests of
26 substantial justice than protection from injury to the
27 therapist-recipient relationship or to the recipient or
28 other whom disclosure is likely to harm. Except in a
29 criminal proceeding in which the recipient, who is
30 accused in that proceeding, raises the defense of
31 insanity, no record or communication between a therapist
32 and a recipient shall be deemed relevant for purposes of
33 this subsection, except the fact of treatment, the cost
34 of services and the ultimate diagnosis unless the party
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1 seeking disclosure of the communication clearly
2 establishes in the trial court a compelling need for its
3 production. However, for purposes of this Act, in any
4 action brought or defended under the Illinois Marriage
5 and Dissolution of Marriage Act, or in any action in
6 which pain and suffering is an element of the claim,
7 mental condition shall not be deemed to be introduced
8 merely by making such claim and shall be deemed to be
9 introduced only if the recipient or a witness on his
10 behalf first testifies concerning the record or
11 communication.
12 (2) Records or communications may be disclosed in a
13 civil proceeding after the recipient's death when the
14 recipient's physical or mental condition has been
15 introduced as an element of a claim or defense by any
16 party claiming or defending through or as a beneficiary
17 of the recipient, provided the court finds, after in
18 camera examination of the evidence, that it is relevant,
19 probative, and otherwise clearly admissible; that other
20 satisfactory evidence is not available regarding the
21 facts sought to be established by such evidence; and that
22 disclosure is more important to the interests of
23 substantial justice than protection from any injury which
24 disclosure is likely to cause.
25 (3) In the event of a claim made or an action filed
26 by a recipient, or, following the recipient's death, by
27 any party claiming as a beneficiary of the recipient for
28 injury caused in the course of providing services to such
29 recipient, the therapist and other persons whose actions
30 are alleged to have been the cause of injury may disclose
31 pertinent records and communications to an attorney or
32 attorneys engaged to render advice about and to provide
33 representation in connection with such matter and to
34 persons working under the supervision of such attorney or
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1 attorneys, and may testify as to such records or
2 communication in any administrative, judicial or
3 discovery proceeding for the purpose of preparing and
4 presenting a defense against such claim or action.
5 (4) Records and communications made to or by a
6 therapist in the course of examination ordered by a court
7 for good cause shown may, if otherwise relevant and
8 admissible, be disclosed in a civil, criminal, or
9 administrative proceeding in which the recipient is a
10 party or in appropriate pretrial proceedings, provided
11 such court has found that the recipient has been as
12 adequately and as effectively as possible informed before
13 submitting to such examination that such records and
14 communications would not be considered confidential or
15 privileged. Such records and communications shall be
16 admissible only as to issues involving the recipient's
17 physical or mental condition and only to the extent that
18 these are germane to such proceedings.
19 (5) Records and communications may be disclosed in
20 a proceeding under the Probate Act of 1975, to determine
21 a recipient's competency or need for guardianship,
22 provided that the disclosure is made only with respect to
23 that issue.
24 (6) Records and communications may be disclosed
25 when such are made during treatment which the recipient
26 is ordered to undergo to render him fit to stand trial on
27 a criminal charge, provided that the disclosure is made
28 only with respect to the issue of fitness to stand trial.
29 (7) Records and communications of the recipient may
30 be disclosed in any civil or administrative proceeding
31 involving the validity of or benefits under a life,
32 accident, health or disability insurance policy or
33 certificate, or Health Care Service Plan Contract,
34 insuring the recipient, but only if and to the extent
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1 that the recipient's mental condition, or treatment or
2 services in connection therewith, is a material element
3 of any claim or defense of any party, provided that
4 information sought or disclosed shall not be redisclosed
5 except in connection with the proceeding in which
6 disclosure is made.
7 (8) Records or communications may be disclosed when
8 such are relevant to a matter in issue in any action
9 brought under this Act and proceedings preliminary
10 thereto, provided that any information so disclosed shall
11 not be utilized for any other purpose nor be redisclosed
12 except in connection with such action or preliminary
13 proceedings.
14 (9) Records and communications of the recipient may
15 be disclosed in investigations of and trials for homicide
16 when the disclosure relates directly to the fact or
17 immediate circumstances of the homicide.
18 (10) Records and communications of a deceased
19 recipient may be disclosed to a coroner conducting a
20 preliminary investigation into the recipient's death
21 under Section 3-3013 of the Counties Code. However,
22 records and communications of the deceased recipient
23 disclosed in an investigation shall be limited solely to
24 the deceased recipient's records and communications
25 relating to the factual circumstances of the incident
26 being investigated in a mental health facility.
27 (11) Records and communications of a recipient
28 shall be disclosed in a proceeding where a petition or
29 motion is filed under the Juvenile Court Act of 1987 and
30 the recipient is named as a parent, guardian, or legal
31 custodian of a minor who is the subject of a petition for
32 wardship as described in Section 2-3 of that Act or a
33 minor who is the subject of a petition for wardship as
34 described in Section 2-4 of that Act alleging the minor
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1 is abused, neglected, or dependent or the recipient is
2 named as a parent of a child who is the subject of a
3 petition, supplemental petition, or motion to appoint a
4 guardian with the power to consent to adoption under
5 Section 2-29 of the Juvenile Court Act of 1987.
6 (b) Before a disclosure is made under subsection (a),
7 any party to the proceeding or any other interested person
8 may request an in camera review of the record or
9 communications to be disclosed. The court or agency
10 conducting the proceeding may hold an in camera review on its
11 own motion. When, contrary to the express wish of the
12 recipient, the therapist asserts a privilege on behalf and in
13 the interest of a recipient, the court may require that the
14 therapist, in an in camera hearing, establish that disclosure
15 is not in the best interest of the recipient. The court or
16 agency may prevent disclosure or limit disclosure to the
17 extent that other admissible evidence is sufficient to
18 establish the facts in issue. The court or agency may enter
19 such orders as may be necessary in order to protect the
20 confidentiality, privacy, and safety of the recipient or of
21 other persons. Any order to disclose or to not disclose
22 shall be considered a final order for purposes of appeal and
23 shall be subject to interlocutory appeal.
24 (c) A recipient's records and communications may be
25 disclosed to a duly authorized committee, commission or
26 subcommittee of the General Assembly which possesses subpoena
27 and hearing powers, upon a written request approved by a
28 majority vote of the committee, commission or subcommittee
29 members. The committee, commission or subcommittee may
30 request records only for the purposes of investigating or
31 studying possible violations of recipient rights. The
32 request shall state the purpose for which disclosure is
33 sought.
34 The facility shall notify the recipient, or his guardian,
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1 and therapist in writing of any disclosure request under this
2 subsection within 5 business days after such request. Such
3 notification shall also inform the recipient, or guardian,
4 and therapist of their right to object to the disclosure
5 within 10 business days after receipt of the notification and
6 shall include the name, address and telephone number of the
7 committee, commission or subcommittee member or staff person
8 with whom an objection shall be filed. If no objection has
9 been filed within 15 business days after the request for
10 disclosure, the facility shall disclose the records and
11 communications to the committee, commission or subcommittee.
12 If an objection has been filed within 15 business days after
13 the request for disclosure, the facility shall disclose the
14 records and communications only after the committee,
15 commission or subcommittee has permitted the recipient,
16 guardian or therapist to present his objection in person
17 before it and has renewed its request for disclosure by a
18 majority vote of its members.
19 Disclosure under this subsection shall not occur until
20 all personally identifiable data of the recipient and
21 provider are removed from the records and communications.
22 Disclosure under this subsection shall not occur in any
23 public proceeding.
24 (d) No party to any proceeding described under
25 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
26 of this Section, nor his or her attorney, shall serve a
27 subpoena seeking to obtain access to records or
28 communications under this Act unless the subpoena is
29 accompanied by a written order issued by a judge, authorizing
30 the disclosure of the records or the issuance of the
31 subpoena. No person shall comply with a subpoena for records
32 or communications under this Act, unless the subpoena is
33 accompanied by a written order authorizing the issuance of
34 the subpoena or the disclosure of the records.
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1 (e) When a person has been transported by a peace
2 officer to a mental health facility, then upon the request of
3 a peace officer, if the person is allowed to leave the mental
4 health facility within 48 hours of arrival, excluding
5 Saturdays, Sundays, and holidays, the facility director shall
6 notify the local law enforcement authority prior to the
7 release of the person. The local law enforcement authority
8 may re-disclose the information as necessary to alert the
9 appropriate enforcement or prosecuting authority.
10 (Source: P.A. 90-608, eff. 6-30-98.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 350/1 from Ch. 127, par. 1301
4 405 ILCS 5/1-110.5 new
5 405 ILCS 5/1-113.5 new
6 405 ILCS 5/1-119 from Ch. 91 1/2, par. 1-119
7 405 ILCS 5/1-121 from Ch. 91 1/2, par. 1-121
8 405 ILCS 5/2-102 from Ch. 91 1/2, par. 2-102
9 405 ILCS 5/2-107 from Ch. 91 1/2, par. 2-107
10 405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1
11 405 ILCS 5/2-200 from Ch. 91 1/2, par. 2-200
12 405 ILCS 5/2-201 from Ch. 91 1/2, par. 2-201
13 405 ILCS 5/3-205.5 new
14 405 ILCS 5/3-207 from Ch. 91 1/2, par. 3-207
15 405 ILCS 5/3-208 from Ch. 91 1/2, par. 3-208
16 405 ILCS 5/3-300 from Ch. 91 1/2, par. 3-300
17 405 ILCS 5/3-400 from Ch. 91 1/2, par. 3-400
18 405 ILCS 5/3-405 from Ch. 91 1/2, par. 3-405
19 405 ILCS 5/3-502 from Ch. 91 1/2, par. 3-502
20 405 ILCS 5/3-503 from Ch. 91 1/2, par. 3-503
21 405 ILCS 5/3-504 from Ch. 91 1/2, par. 3-504
22 405 ILCS 5/3-601 from Ch. 91 1/2, par. 3-601
23 405 ILCS 5/3-603 from Ch. 91 1/2, par. 3-603
24 405 ILCS 5/3-606 from Ch. 91 1/2, par. 3-606
25 405 ILCS 5/3-607 from Ch. 91 1/2, par. 3-607
26 405 ILCS 5/3-702 from Ch. 91 1/2, par. 3-702
27 405 ILCS 5/3-704 from Ch. 91 1/2, par. 3-704
28 405 ILCS 5/3-706 from Ch. 91 1/2, par. 3-706
29 405 ILCS 5/3-810 from Ch. 91 1/2, par. 3-810
30 405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811
31 405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812
32 405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902
33 405 ILCS 5/3-909 from Ch. 91 1/2, par. 3-909
34 405 ILCS 5/5-104 from Ch. 91 1/2, par. 5-104
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1 405 ILCS 5/5-117 from Ch. 91 1/2, par. 5-117
2 405 ILCS 5/6-103 from Ch. 91 1/2, par. 6-103
3 740 ILCS 110/10 from Ch. 91 1/2, par. 810