State of Illinois
91st General Assembly
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91_HB3548eng

 
HB3548 Engrossed                              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
 
HB3548 Engrossed            -3-               LRB9111471DJsbA
 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 possesses the  authority  to  make  decisions  under  the
17    Powers  of  Attorney  for Health Care Law or under the Mental
18    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
 
HB3548 Engrossed            -4-               LRB9111471DJsbA
 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
 
HB3548 Engrossed            -6-               LRB9111471DJsbA
 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)
 
HB3548 Engrossed            -7-               LRB9111471DJsbA
 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
 
HB3548 Engrossed            -8-               LRB9111471DJsbA
 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
 
HB3548 Engrossed            -9-               LRB9111471DJsbA
 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
 
HB3548 Engrossed            -10-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -11-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -12-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -14-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -15-              LRB9111471DJsbA
 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,
 
HB3548 Engrossed            -16-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -17-              LRB9111471DJsbA
 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)
 
HB3548 Engrossed            -18-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -19-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -20-              LRB9111471DJsbA
 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)
 
HB3548 Engrossed            -21-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -22-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -23-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -24-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -25-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -26-              LRB9111471DJsbA
 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,
 
HB3548 Engrossed            -27-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -28-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -29-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -30-              LRB9111471DJsbA
 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.)
 
HB3548 Engrossed            -31-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -32-              LRB9111471DJsbA
 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,
 
HB3548 Engrossed            -33-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -34-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -35-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -36-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -37-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -38-              LRB9111471DJsbA
 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        (405 ILCS 5/1-114.2 rep.)
31        (405 ILCS 5/1-114.3 rep.)
32        (405 ILCS 5/1-114.4 rep.)
33        (405 ILCS 5/1-114.5 rep.)
34        (405 ILCS 5/3-601.1 rep.)
 
HB3548 Engrossed            -39-              LRB9111471DJsbA
 1        Section   11.   The   Mental   Health  and  Developmental
 2    Disabilities Code is amended by repealing  Sections  1-114.2,
 3    1-114.3, 1-114.4, 1-114.5, and 3-601.1.

 4        Section    15.    The  Mental  Health  and  Developmental
 5    Disabilities  Confidentiality  Act  is  amended  by  changing
 6    Section 10 as follows:

 7        (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
 8        (Text of Section WITHOUT the changes made by  P.A.  89-7,
 9    which has been held unconstitutional)
10        Sec.  10.   (a)  Except as provided herein, in any civil,
11    criminal, administrative, or legislative  proceeding,  or  in
12    any  proceeding  preliminary  thereto,  a  recipient,  and  a
13    therapist  on  behalf and in the interest of a recipient, has
14    the privilege to  refuse  to  disclose  and  to  prevent  the
15    disclosure of the recipient's record or communications.
16             (1)  Records  and communications may be disclosed in
17        a civil, criminal or administrative proceeding  in  which
18        the  recipient  introduces  his  mental  condition or any
19        aspect of his services received for such condition as  an
20        element  of  his  claim  or  defense,  if and only to the
21        extent the court  in  which  the  proceedings  have  been
22        brought, or, in the case of an administrative proceeding,
23        the  court  to which an appeal or other action for review
24        of an administrative determination may be  taken,  finds,
25        after   in  camera  examination  of  testimony  or  other
26        evidence, that it  is  relevant,  probative,  not  unduly
27        prejudicial   or   inflammatory,  and  otherwise  clearly
28        admissible;   that   other   satisfactory   evidence   is
29        demonstrably unsatisfactory  as  evidence  of  the  facts
30        sought  to  be  established  by  such  evidence; and that
31        disclosure  is  more  important  to  the   interests   of
32        substantial  justice  than  protection from injury to the
 
HB3548 Engrossed            -40-              LRB9111471DJsbA
 1        therapist-recipient relationship or to the  recipient  or
 2        other  whom  disclosure  is  likely to harm.  Except in a
 3        criminal  proceeding  in  which  the  recipient,  who  is
 4        accused  in  that  proceeding,  raises  the  defense   of
 5        insanity,  no record or communication between a therapist
 6        and a recipient shall be deemed relevant for purposes  of
 7        this  subsection,  except the fact of treatment, the cost
 8        of services and the ultimate diagnosis unless  the  party
 9        seeking   disclosure   of   the   communication   clearly
10        establishes  in the trial court a compelling need for its
11        production.  However, for purposes of this  Act,  in  any
12        action  brought  or  defended under the Illinois Marriage
13        and Dissolution of Marriage Act,  or  in  any  action  in
14        which  pain  and  suffering  is  an element of the claim,
15        mental condition shall not be  deemed  to  be  introduced
16        merely  by  making  such  claim and shall be deemed to be
17        introduced only if the recipient  or  a  witness  on  his
18        behalf   first   testifies   concerning   the  record  or
19        communication.
20             (2)  Records or communications may be disclosed in a
21        civil proceeding after the  recipient's  death  when  the
22        recipient's   physical   or  mental  condition  has  been
23        introduced as an element of a claim  or  defense  by  any
24        party  claiming  or defending through or as a beneficiary
25        of the recipient, provided  the  court  finds,  after  in
26        camera  examination of the evidence, that it is relevant,
27        probative, and otherwise clearly admissible;  that  other
28        satisfactory  evidence  is  not  available  regarding the
29        facts sought to be established by such evidence; and that
30        disclosure  is  more  important  to  the   interests   of
31        substantial justice than protection from any injury which
32        disclosure is likely to cause.
33             (3)  In the event of a claim made or an action filed
34        by  a  recipient, or, following the recipient's death, by
 
HB3548 Engrossed            -41-              LRB9111471DJsbA
 1        any party claiming as a beneficiary of the recipient  for
 2        injury caused in the course of providing services to such
 3        recipient,  the therapist and other persons whose actions
 4        are alleged to have been the cause of injury may disclose
 5        pertinent records and communications to  an  attorney  or
 6        attorneys  engaged  to render advice about and to provide
 7        representation in connection  with  such  matter  and  to
 8        persons working under the supervision of such attorney or
 9        attorneys,   and  may  testify  as  to  such  records  or
10        communication  in   any   administrative,   judicial   or
11        discovery  proceeding  for  the  purpose of preparing and
12        presenting a defense against such claim or action.
13             (4)  Records and communications  made  to  or  by  a
14        therapist in the course of examination ordered by a court
15        for  good  cause  shown  may,  if  otherwise relevant and
16        admissible,  be  disclosed  in  a  civil,  criminal,   or
17        administrative  proceeding  in  which  the recipient is a
18        party or in appropriate  pretrial  proceedings,  provided
19        such  court  has  found  that  the  recipient has been as
20        adequately and as effectively as possible informed before
21        submitting to such  examination  that  such  records  and
22        communications  would  not  be considered confidential or
23        privileged.  Such records  and  communications  shall  be
24        admissible  only  as  to issues involving the recipient's
25        physical or mental condition and only to the extent  that
26        these are germane to such proceedings.
27             (5)  Records  and communications may be disclosed in
28        a proceeding under the Probate Act of 1975, to  determine
29        a   recipient's  competency  or  need  for  guardianship,
30        provided that the disclosure is made only with respect to
31        that issue.
32             (6)  Records and  communications  may  be  disclosed
33        when  such  are made during treatment which the recipient
34        is ordered to undergo to render him fit to stand trial on
 
HB3548 Engrossed            -42-              LRB9111471DJsbA
 1        a criminal charge, provided that the disclosure  is  made
 2        only with respect to the issue of fitness to stand trial.
 3             (7)  Records and communications of the recipient may
 4        be  disclosed  in  any civil or administrative proceeding
 5        involving the validity  of  or  benefits  under  a  life,
 6        accident,   health  or  disability  insurance  policy  or
 7        certificate,  or  Health  Care  Service  Plan   Contract,
 8        insuring  the  recipient,  but  only if and to the extent
 9        that the recipient's mental condition,  or  treatment  or
10        services  in  connection therewith, is a material element
11        of any claim or  defense  of  any  party,  provided  that
12        information  sought or disclosed shall not be redisclosed
13        except  in  connection  with  the  proceeding  in   which
14        disclosure is made.
15             (8)  Records or communications may be disclosed when
16        such  are  relevant  to  a  matter in issue in any action
17        brought  under  this  Act  and  proceedings   preliminary
18        thereto, provided that any information so disclosed shall
19        not  be utilized for any other purpose nor be redisclosed
20        except in connection  with  such  action  or  preliminary
21        proceedings.
22             (9)  Records and communications of the recipient may
23        be disclosed in investigations of and trials for homicide
24        when  the  disclosure  relates  directly  to  the fact or
25        immediate circumstances of the homicide.
26             (10)  Records  and  communications  of  a   deceased
27        recipient  may  be  disclosed  to  a coroner conducting a
28        preliminary  investigation  into  the  recipient's  death
29        under Section 3-3013  of  the  Counties  Code.   However,
30        records  and  communications  of  the  deceased recipient
31        disclosed in an investigation shall be limited solely  to
32        the   deceased  recipient's  records  and  communications
33        relating to the factual  circumstances  of  the  incident
34        being investigated in a mental health facility.
 
HB3548 Engrossed            -43-              LRB9111471DJsbA
 1             (11)  Records  and  communications  of  a  recipient
 2        shall  be  disclosed  in a proceeding where a petition or
 3        motion is filed under the Juvenile Court Act of 1987  and
 4        the  recipient  is  named as a parent, guardian, or legal
 5        custodian of a minor who is the subject of a petition for
 6        wardship as described in Section 2-3 of  that  Act  or  a
 7        minor  who  is  the subject of a petition for wardship as
 8        described in Section 2-4 of that Act alleging  the  minor
 9        is  abused,  neglected,  or dependent or the recipient is
10        named as a parent of a child who  is  the  subject  of  a
11        petition,  supplemental  petition, or motion to appoint a
12        guardian with the power  to  consent  to  adoption  under
13        Section 2-29 of the Juvenile Court Act of 1987.
14        (b)  Before  a  disclosure  is made under subsection (a),
15    any party to the proceeding or any  other  interested  person
16    may   request   an   in   camera  review  of  the  record  or
17    communications  to  be  disclosed.   The  court   or   agency
18    conducting the proceeding may hold an in camera review on its
19    own  motion.    When,  contrary  to  the  express wish of the
20    recipient, the therapist asserts a privilege on behalf and in
21    the interest of a recipient, the court may require  that  the
22    therapist, in an in camera hearing, establish that disclosure
23    is  not  in the best interest of the recipient.  The court or
24    agency may prevent disclosure  or  limit  disclosure  to  the
25    extent  that  other  admissible  evidence  is  sufficient  to
26    establish  the facts in issue.  The court or agency may enter
27    such orders as may be  necessary  in  order  to  protect  the
28    confidentiality,  privacy,  and safety of the recipient or of
29    other persons.  Any order to  disclose  or  to  not  disclose
30    shall  be considered a final order for purposes of appeal and
31    shall be subject to interlocutory appeal.
32        (c)  A recipient's  records  and  communications  may  be
33    disclosed  to  a  duly  authorized  committee,  commission or
34    subcommittee of the General Assembly which possesses subpoena
 
HB3548 Engrossed            -44-              LRB9111471DJsbA
 1    and hearing powers, upon a  written  request  approved  by  a
 2    majority  vote  of  the committee, commission or subcommittee
 3    members.   The  committee,  commission  or  subcommittee  may
 4    request records only for the  purposes  of  investigating  or
 5    studying   possible  violations  of  recipient  rights.   The
 6    request shall state  the  purpose  for  which  disclosure  is
 7    sought.
 8        The facility shall notify the recipient, or his guardian,
 9    and therapist in writing of any disclosure request under this
10    subsection  within  5 business days after such request.  Such
11    notification shall also inform the  recipient,  or  guardian,
12    and  therapist  of  their  right  to object to the disclosure
13    within 10 business days after receipt of the notification and
14    shall include the name, address and telephone number  of  the
15    committee,  commission or subcommittee member or staff person
16    with whom an objection shall be filed.  If no  objection  has
17    been  filed  within  15  business  days after the request for
18    disclosure, the  facility  shall  disclose  the  records  and
19    communications  to the committee, commission or subcommittee.
20    If an objection has been filed within 15 business days  after
21    the  request  for disclosure, the facility shall disclose the
22    records  and  communications  only   after   the   committee,
23    commission  or  subcommittee  has  permitted  the  recipient,
24    guardian  or  therapist  to  present  his objection in person
25    before it and has renewed its request  for  disclosure  by  a
26    majority vote of its members.
27        Disclosure  under  this  subsection shall not occur until
28    all  personally  identifiable  data  of  the  recipient   and
29    provider  are  removed  from  the records and communications.
30    Disclosure under this  subsection  shall  not  occur  in  any
31    public proceeding.
32        (d)  No   party   to   any   proceeding  described  under
33    paragraphs (1), (2), (3), (4), (7), or (8) of subsection  (a)
34    of  this  Section,  nor  his  or  her attorney, shall serve a
 
HB3548 Engrossed            -45-              LRB9111471DJsbA
 1    subpoena   seeking   to   obtain   access   to   records   or
 2    communications  under  this  Act  unless  the   subpoena   is
 3    accompanied by a written order issued by a judge, authorizing
 4    the  disclosure  of  the  records  or  the  issuance  of  the
 5    subpoena.  No person shall comply with a subpoena for records
 6    or communications under this  Act,  unless  the  subpoena  is
 7    accompanied  by  a  written order authorizing the issuance of
 8    the subpoena or the disclosure of the records.
 9        (e)  When a  person  has  been  transported  by  a  peace
10    officer to a mental health facility, then upon the request of
11    a peace officer, if the person is allowed to leave the mental
12    health   facility  within  48  hours  of  arrival,  excluding
13    Saturdays, Sundays, and holidays, the facility director shall
14    notify the local  law  enforcement  authority  prior  to  the
15    release  of  the person.  The local law enforcement authority
16    may re-disclose the information as  necessary  to  alert  the
17    appropriate enforcement or prosecuting authority.
18    (Source: P.A. 90-608, eff. 6-30-98.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.
 
HB3548 Engrossed            -46-              LRB9111471DJsbA
 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
 
HB3548 Engrossed            -47-              LRB9111471DJsbA
 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

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