State of Illinois
91st General Assembly
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91_HB3548enr

 
HB3548 Enrolled                               LRB9111471DJsbA

 1        AN ACT in relation to mental health, amending named Acts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  State  Employee  Indemnification Act is
 5    amended by changing Section 1 as follows:

 6        (5 ILCS 350/1) (from Ch. 127, par. 1301)
 7        Sec. 1.  Definitions.  For the purpose of this Act:
 8        (a)  The term "State" means the State  of  Illinois,  the
 9    General Assembly, the court, or any State office, department,
10    division,   bureau,  board,  commission,  or  committee,  the
11    governing  boards  of  the  public  institutions  of   higher
12    education  created by the State, the Illinois National Guard,
13    the Comprehensive Health Insurance Board, any poison  control
14    center  designated  under  the Poison Control System Act that
15    receives   State   funding,   or   any   other   agency    or
16    instrumentality  of  the  State.   It does not mean any local
17    public entity as that term is defined in Section 1-206 of the
18    Local Governmental and Governmental Employees  Tort  Immunity
19    Act or a pension fund.
20        (b)  The  term  "employee"  means  any  present or former
21    elected or appointed officer,  trustee  or  employee  of  the
22    State,  or of a pension fund, any present or former member of
23    the Illinois National Guard while on active duty, individuals
24    or  organizations  who  contract  with  the   Department   of
25    Corrections, the Comprehensive Health Insurance Board, or the
26    Department   of   Veterans'   Affairs  to  provide  services,
27    individuals or organizations who contract with the Department
28    of Human Services (as successor to the Department  of  Mental
29    Health  and  Developmental  Disabilities) to provide services
30    including but not limited to treatment and other services for
31    sexually violent persons or as  participating  mental  health
 
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 1    centers  as  defined  in  the Mental Health and Developmental
 2    Disabilities Code, individuals or organizations who  contract
 3    with  the  Department of Military Affairs for youth programs,
 4    individuals or organizations who contract to perform carnival
 5    and amusement ride safety inspections for the  Department  of
 6    Labor,    individual   representatives   of   or   designated
 7    organizations authorized to represent  the  Office  of  State
 8    Long-Term  Ombudsman  for the Department on Aging, individual
 9    representatives  of  or  organizations  designated   by   the
10    Department  on  Aging  in  the performance of their duties as
11    elder abuse  provider  agencies  or  regional  administrative
12    agencies  under  the Elder Abuse and Neglect Act, individuals
13    or organizations who perform volunteer services for the State
14    where such volunteer  relationship  is  reduced  to  writing,
15    individuals  who  serve on any public entity (whether created
16    by law or administrative action) described in  paragraph  (a)
17    of  this Section, individuals or not for profit organizations
18    who, either as volunteers, where such volunteer  relationship
19    is  reduced  to  writing,  or  pursuant  to contract, furnish
20    professional  advice  or  consultation  to  any   agency   or
21    instrumentality of the State, individuals who serve as foster
22    parents  for  the  Department of Children and Family Services
23    when caring for a Department ward, and individuals who  serve
24    as arbitrators pursuant to Part 10A of Article II of the Code
25    of  Civil  Procedure  and  the  rules  of  the  Supreme Court
26    implementing Part 10A, each as now or hereafter amended,  but
27    does not mean an independent contractor except as provided in
28    this Section. The term includes an individual appointed as an
29    inspector  by  the  Director  of State Police when performing
30    duties within the scope of the activities of  a  Metropolitan
31    Enforcement   Group   or   a   law  enforcement  organization
32    established under the Intergovernmental Cooperation  Act.  An
33    individual  who  renders professional advice and consultation
34    to the State through an organization which  qualifies  as  an
 
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 1    "employee"  under  the  Act  is  also  an  employee. The term
 2    includes  the  estate  or  personal  representative   of   an
 3    employee.
 4        (c)  The term "pension fund" means a retirement system or
 5    pension fund created under the Illinois Pension Code.
 6    (Source: P.A. 89-507, eff. 7-1-97; 90-793, eff. 8-14-98.)

 7        Section   10.   The   Mental   Health  and  Developmental
 8    Disabilities Code is  amended  by  adding  Sections  1-110.5,
 9    1-113.5,  and  3-205.5  and  changing  Sections 1-119, 1-121,
10    2-102, 2-107, 2-107.1, 2-200,  2-201,  3-207,  3-208,  3-300,
11    3-400,  3-405,  3-502,  3-503,  3-504,  3-601,  3-603, 3-606,
12    3-607, 3-702,  3-704,  3-706,  3-810,  3-811,  3-812,  3-902,
13    3-909, 5-104, 5-117, and 6-103 as follows:

14        (405 ILCS 5/1-110.5 new)
15        Sec.  1-110.5. "Substitute decision maker" means a person
16    who 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
 
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 1    future; or
 2        (2)  A person with mental illness and who because of  his
 3    or  her  illness  is  unable  to provide for his or her basic
 4    physical needs so as to guard himself or herself from serious
 5    harm.  When any person is presented for admission to a mental
 6    health  facility  under  this  subsection   within   7   days
 7    thereafter,  the  facility  shall  provide  or  arrange for a
 8    comprehensive physical  and  mental  examination  and  social
 9    investigation of that person.  This examination shall be used
10    to  determine whether some program other than hospitalization
11    will meet the needs of  such  person  with  preference  being
12    given to care or treatment in his own community.
13    (Source: P.A. 88-380.)

14        (405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121)
15        Sec.  1-121.  "Psychiatrist" means a physician as defined
16    in the first sentence of Section 1-120 who  has  successfully
17    completed  a  residency  program  in psychiatry accredited by
18    either  the  Accreditation  Council  for   Graduate   Medical
19    Education  or the American Osteopathic Association at least 3
20    years  of  formal  training  or  primary  experience  in  the
21    diagnosis and treatment of mental illness.
22    (Source: P.A. 80-1414.)

23        (405 ILCS 5/2-102) (from Ch. 91 1/2, par. 2-102)
24        Sec.  2-102.   (a)  A  recipient  of  services  shall  be
25    provided with adequate and humane care and  services  in  the
26    least  restrictive  environment,  pursuant  to  an individual
27    services plan.  The  Plan,  which  shall  be  formulated  and
28    periodically reviewed with the participation of the recipient
29    to  the  extent  feasible  and  the,  where appropriate, such
30    recipient's nearest  of  kin  or  guardian,  the  recipient's
31    substitute  decision  maker,  if any, or any other individual
32    designated in writing by the recipient.  The  facility  shall
 
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 1    advise  the  recipient  of  his  or  her right to designate a
 2    family member or  other  individual  to  participate  in  the
 3    formulation and review of the treatment plan.  In determining
 4    whether  care  and  services  are being provided in the least
 5    restrictive environment,  the  facility  shall  consider  the
 6    views  of  the  recipient,  if  any, concerning the treatment
 7    being  provided.   The  recipient's   preferences   regarding
 8    emergency interventions under subsection (d) of Section 2-200
 9    shall be noted in the recipient's treatment plan.
10        (a-5)  If  the  services  include  the  administration of
11    authorized  involuntary  treatment,  the  physician  or   the
12    physician's  designee shall advise the recipient, in writing,
13    of  the  side  effects,  and  risks,  and  benefits  of   the
14    treatment,  as  well  as  and  alternatives  to  the proposed
15    treatment, and the risks and benefits thereof, to the  extent
16    such  advice  is  consistent with the nature and frequency of
17    the side effects and the recipient's  ability  to  understand
18    the  information  communicated. The physician shall determine
19    and state in writing whether the  recipient has the  capacity
20    to   make  a  reasoned  decision  about  the  treatment.  The
21    physician or the physician's designee shall  provide  to  the
22    recipient's  substitute  decision  maker,  if  any,  the same
23    written information that is required to be presented  to  the
24    recipient  in writing. If the recipient lacks the capacity to
25    make a reasoned decision about the treatment,  the  treatment
26    may  be  administered  only (i) pursuant to the provisions of
27    Section 2-107 or 2-107.1 or  (ii)  pursuant  to  a  power  of
28    attorney  for  health  care  under the Powers of Attorney for
29    Health Care Law or a declaration for mental health  treatment
30    under the Mental Health Treatment Preference Declaration Act.
31    A  surrogate  decision  maker,  other  than a court appointed
32    guardian, under  the  Health  Care  Surrogate  Act   may  not
33    consent  to  the  administration  of  authorized  involuntary
34    treatment.    A   surrogate   may,   however,   petition  for
 
HB3548 Enrolled            -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 Enrolled            -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 Enrolled            -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 Enrolled            -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 Enrolled            -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 an additional continuance not to exceed
28        21  days  when,  in  its discretion, the court determines
29        that such a continuance is necessary in order to  provide
30        the  recipient  with  an  examination pursuant to Section
31        3-803 or 3-804 of this Act, to provide the recipient with
32        a trial by jury as provided in Section 3-802 of this Act,
33        or to arrange for the substitution of counsel as provided
34        for by the Illinois Supreme Court Rules  continuances  if
 
HB3548 Enrolled            -11-               LRB9111471DJsbA
 1        agreed  to  by all parties. The hearing shall be separate
 2        from a judicial proceeding held to  determine  whether  a
 3        person  is  subject  to  involuntary admission but may be
 4        heard immediately preceding or following such a  judicial
 5        proceeding  and may be heard by the same trier of fact or
 6        law as in that judicial proceeding.
 7             (3)  Unless   otherwise   provided    herein,    the
 8        procedures set forth in Article VIII of Chapter 3 of this
 9        Act,  including  the  provisions regarding appointment of
10        counsel, shall govern hearings held under this subsection
11        (a-5) (a).
12             (4)  Authorized involuntary treatment shall  not  be
13        administered   to   the  recipient  unless  it  has  been
14        determined by clear and convincing evidence that  all  of
15        the following factors are present:
16                  (A)  That  the  recipient  has a serious mental
17             illness or developmental disability.
18                  (B)  That because of  said  mental  illness  or
19             developmental disability, the recipient exhibits any
20             one  of  the  following: (i) deterioration of his or
21             her ability to function, (ii)  suffering,  or  (iii)
22             threatening behavior, or (iv) disruptive behavior.
23                  (C)  That the illness or disability has existed
24             for  a  period  marked by the continuing presence of
25             the  symptoms  set  forth  in  item  (B)   of   this
26             subdivision  (4) or the repeated episodic occurrence
27             of these symptoms.
28                  (D)  That  the  benefits   of   the   treatment
29             outweigh the harm.
30                  (E)  That  the  recipient lacks the capacity to
31             make a reasoned decision about the treatment.
32                  (F)  That other less restrictive services  have
33             been explored and found inappropriate.
34                  (G)  If  the  petition  seeks authorization for
 
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 1             testing and other procedures, that such testing  and
 2             procedures  are essential for the safe and effective
 3             administration of the treatment.
 4             (5)  In no event shall an order  issued  under  this
 5        Section  be  effective  for  more than 90 days.  However,
 6        authorized involuntary treatment may be administered  for
 7        additional   90-day   periods  without  limitation  under
 8        hearings  that  comply  with  the  above  standards   and
 9        procedures  of  this  subsection  (a-5)  (a).  If  a  new
10        petition  to  authorize  the administration of authorized
11        involuntary treatment is filed at least 15 days prior  to
12        the expiration of the prior order, and if any continuance
13        of  the  hearing  is  agreed  to  by  the  recipient, the
14        administration  of  the   treatment   may   continue   in
15        accordance with the prior order pending the completion of
16        a hearing under this Section.
17             (6)  An order issued under this subsection (a-5) (a)
18        shall  designate the persons authorized to administer the
19        authorized involuntary treatment under the standards  and
20        procedures  of  this  subsection (a-5) (a). Those persons
21        shall have complete  discretion  not  to  administer  any
22        treatment  authorized under this Section. The order shall
23        also specify the medications and the anticipated range of
24        dosages that have been authorized.
25        (b)  A guardian may  be  authorized  to  consent  to  the
26    administration  of  authorized  involuntary  treatment  to an
27    objecting recipient only under the standards  and  procedures
28    of subsection (a-5) (a).
29        (c)  Notwithstanding any other provision of this Section,
30    a  guardian  may  consent to the administration of authorized
31    involuntary treatment  to  a  non-objecting  recipient  under
32    Article XIa of the Probate Act of 1975.
33        (d)  Nothing   in   this   Section   shall   prevent  the
34    administration  of  authorized   involuntary   treatment   to
 
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 1    recipients in an emergency under Section 2-107 of this Act.
 2        (e)  Notwithstanding   any  of  the  provisions  of  this
 3    Section, authorized involuntary treatment may be administered
 4    pursuant to a power of attorney for  health  care  under  the
 5    Powers  of  Attorney for Health Care Law or a declaration for
 6    mental health treatment under  the  Mental  Health  Treatment
 7    Preference Declaration Act.
 8    (Source:  P.A.  89-11,  eff.  3-31-95;  89-439,  eff. 6-1-96;
 9    90-538, eff. 12-1-97.)

10        (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
11        Sec. 2-200.  (a) Upon commencement  of  services,  or  as
12    soon  thereafter  as  the condition of the recipient permits,
13    every adult recipient, as well as the recipient's guardian or
14    substitute decision maker, and  every  recipient  who  is  12
15    years  of  age or older and the parent or guardian of a minor
16    or person under guardianship shall be informed orally and  in
17    writing  of  the  rights guaranteed by this Chapter which are
18    relevant to  the  nature  of  the  recipient's  his  services
19    program.  Every  facility  shall  also  post conspicuously in
20    public areas a summary of the rights which  are  relevant  to
21    the services delivered by that facility.
22        (b)  A  recipient who is 12 years of age or older and the
23    parent or guardian of a minor or person under guardianship at
24    any time may designate, and  upon  commencement  of  services
25    shall  be  informed  of  the  right to designate, a person or
26    agency to receive notice under Section  2-201  or  to  direct
27    that  no  information about the recipient be disclosed to any
28    person or agency.
29        (c)  Upon commencement of services, or as soon thereafter
30    as the condition of the recipient permits, the facility shall
31    ask the adult recipient or minor recipient admitted  pursuant
32    to  Section 3-502 whether the recipient wants the facility to
33    contact the  recipient's  spouse,  parents,  guardian,  close
 
HB3548 Enrolled            -14-               LRB9111471DJsbA
 1    relatives,  friends, attorney, advocate from the Guardianship
 2    and Advocacy Commission  or  the  agency  designated  by  the
 3    Governor  under  Section  1  of  "An  Act  in relation to the
 4    protection  and  advocacy  of  the  rights  of  persons  with
 5    developmental disabilities, and amending Acts therein named",
 6    approved September 20, 1985, or others and inform them of the
 7    recipient's presence at the facility.  The facility shall  by
 8    phone  or  by  mail  contact  at  least  two  of those people
 9    designated by the recipient and  shall  inform  them  of  the
10    recipient's  location.   If  the  recipient  so requests, the
11    facility shall  also  inform  them  of  how  to  contact  the
12    recipient.
13        (d)  Upon commencement of services, or as soon thereafter
14    as the condition of the recipient permits, the facility shall
15    advise  the recipient as to the circumstances under which the
16    law permits the use  of  emergency  forced  medication  under
17    subsection  (a)  of  Section  2-107,  restraint under Section
18    2-108, or seclusion under Section 2-109.  At the  same  time,
19    the  facility  shall  inquire  of the recipient which form of
20    intervention the recipient  would  prefer  if  any  of  these
21    circumstances should arise.  The recipient's preference shall
22    be  noted  in  the recipient's record and communicated by the
23    facility to the recipient's guardian or  substitute  decision
24    maker,  if  any,  and  any other individual designated by the
25    recipient.  If any such circumstances subsequently do  arise,
26    the  facility shall give due consideration to the preferences
27    of the recipient regarding which form of intervention to  use
28    as communicated to the facility by the recipient or as stated
29    in the recipient's advance directive.
30    (Source: P.A. 86-1417.)

31        (405 ILCS 5/2-201) (from Ch. 91 1/2, par. 2-201)
32        Sec.  2-201.  (a)  Whenever  any rights of a recipient of
33    services that are specified in this Chapter  are  restricted,
 
HB3548 Enrolled            -15-               LRB9111471DJsbA
 1    the    professional    responsible    for    overseeing   the
 2    implementation of the  recipient's  services  plan  shall  be
 3    responsible  for promptly giving notice of the restriction or
 4    use of restraint or seclusion and the reason therefor to:
 5             (1)  the recipient and, if such recipient is a minor
 6        or under guardianship, his parent or guardian;
 7             (2)  a person designated  under  subsection  (b)  of
 8        Section  2-200  upon  commencement  of services or at any
 9        later time to receive such notice;
10             (3)  the facility director; and
11             (4)  the Guardianship and  Advocacy  Commission,  or
12        the  agency  designated  under "An Act in relation to the
13        protection and advocacy of the  rights  of  persons  with
14        developmental  disabilities,  and  amending  Acts therein
15        named", approved September 20,  1985,  if  either  is  so
16        designated; and.
17             (5)  the  recipient's  substitute decision maker, if
18        any.
19        The professional shall also be responsible  for  promptly
20    recording  such  restriction or use of restraint or seclusion
21    and the reason therefor in the recipient's record.
22        (b)  The facility director shall maintain a file  of  all
23    notices of restrictions of rights, or the use of restraint or
24    seclusion  for  the past 3 years. The facility director shall
25    allow the Guardianship and Advocacy  Commission,  the  agency
26    designated  by  the  Governor  under  Section 1 of "An Act in
27    relation to the protection and  advocacy  of  the  rights  of
28    persons  with  developmental  disabilities, and amending Acts
29    therein  named,"  approved  September  20,  1985,   and   the
30    Department  to  examine  and  copy such records upon request.
31    Records obtained under this  Section  shall  not  be  further
32    disclosed  except  pursuant  to  written authorization of the
33    recipient  under  Section  5  of  the   Mental   Health   and
34    Developmental Disabilities Confidentiality Act.
 
HB3548 Enrolled            -16-               LRB9111471DJsbA
 1    (Source: P.A. 86-1416.)

 2        (405 ILCS 5/3-205.5 new)
 3        Sec.   3-205.5.  Examination  and  social  investigation.
 4    When any person is first presented for admission to a  mental
 5    health  facility  under  Chapter  III of this Code, within 72
 6    hours thereafter, excluding Saturdays, Sundays, and holidays,
 7    the facility shall provide or  arrange  for  a  comprehensive
 8    physical   examination,   mental   examination,   and  social
 9    investigation of that person.  The  examinations  and  social
10    investigation shall be used to determine whether some program
11    other than hospitalization will meet the needs of the person,
12    with  preference  being  given to care or treatment that will
13    enable the person to  return  to  his  or  her  own  home  or
14    community.

15        (405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207)
16        Sec. 3-207.  (a) Hearings under Sections 3-405, 3-904 and
17    3-911  of  this  Chapter  shall be conducted by a utilization
18    review committee.  For hearings under Section 3-405,  if  the
19    Community  Service  Area  has  a  participating mental health
20    center, the  director  of  the  participating  mental  health
21    center  shall  appoint  a  utilization review committee.  The
22    Secretary shall appoint a  utilization  review  committee  at
23    each  Department facility.  Each such committee shall consist
24    of a multi-disciplinary group of professional  staff  members
25    who  are  trained  and equipped to deal with the clinical and
26    treatment needs of recipients. The recipient and the objector
27    may be represented by persons of their choice.
28        (b)  The  committee  shall  not  be  bound  by  rules  of
29    evidence or procedure but shall conduct the proceedings in  a
30    manner  intended to ensure a fair hearing.  The committee may
31    make such investigation as it deems necessary.  A  record  of
32    the  proceedings  shall  be  made  and  shall  be kept in the
 
HB3548 Enrolled            -17-               LRB9111471DJsbA
 1    recipient's record.  Within  3  days  of  conclusion  of  the
 2    hearing,  the committee shall submit to the facility director
 3    or the director of the participating mental health center its
 4    written recommendations which include  its  factual  findings
 5    and  conclusions.   A  copy  of  the recommendations shall be
 6    given to the recipient and the objector.
 7        (c)  Within 7 days of receipt of the recommendations, the
 8    facility director or director  of  the  participating  mental
 9    health  center shall give written notice to the recipient and
10    objector   of   his   acceptance   or   rejection   of    the
11    recommendations  and his reason therefor.  If the director of
12    the facility or participating mental  health  center  rejects
13    the  recommendations or if the recipient or objector requests
14    review  of  the  director's  decision,  the  director   shall
15    promptly forward a copy of his decision, the recommendations,
16    and  the  record  of  the  hearing  to  the  Secretary of the
17    Department for final review.  The decision of the director or
18    the decision of the  Secretary  of  the  Department,  if  his
19    review   was   requested,   shall   be   considered  a  final
20    administrative decision.
21    (Source: P.A. 88-380; 88-484; 89-507, eff. 7-1-97.)

22        (405 ILCS 5/3-208) (from Ch. 91 1/2, par. 3-208)
23        Sec.  3-208.   Whenever  a  petition  has  been  executed
24    pursuant to Section 3-507, 3-601 or 3-701, and prior to  this
25    examination  for  the purpose of certification of a person 12
26    or over, the person conducting this examination shall  inform
27    the  person  being examined in a simple comprehensible manner
28    of the purpose of the examination; that he does not  have  to
29    talk to the examiner; and that any statements he makes may be
30    disclosed  at  a  court hearing on the issue of whether he is
31    subject  to  involuntary  admission.   If  the  person  being
32    examined has not been so informed, the examiner shall not  be
33    permitted   to   testify  at  any  subsequent  court  hearing
 
HB3548 Enrolled            -18-               LRB9111471DJsbA
 1    concerning the respondent's admission. If a community service
 2    area has a participating mental health center, the  qualified
 3    certifier   shall  also  so  inform  the  person  before  any
 4    evaluation may occur.
 5    (Source: P.A. 88-484.)

 6        (405 ILCS 5/3-300) (from Ch. 91 1/2, par. 3-300)
 7        Sec. 3-300. Admission.
 8        (a)  Any person desiring admission  to  a  mental  health
 9    facility  for  treatment  of a mental illness may be admitted
10    upon his request without making formal  application  therefor
11    if,  after  examination, the facility director considers that
12    person clinically suitable for  admission  upon  an  informal
13    basis,  except  that  if  the  Community  Service  Area has a
14    participating  mental  health  center,  no  person  shall  be
15    admitted to a State-operated mental health facility  until  a
16    written   statement,   as  required  under  Section  3-601.1,
17    recommending admission has been  obtained  from  a  qualified
18    certifier.
19        (b)  Each  recipient admitted under this Section shall be
20    informed in writing and orally at the time  of  admission  of
21    his  right  to  be  discharged  from the facility at any time
22    during the normal daily day-shift hours of  operation,  which
23    shall  include  but  need  not be limited to 9 a.m. to 5 p.m.
24    Such right to be discharged shall  commence  with  the  first
25    day-shift hours of operation after his admission.
26        (c)  If  the  facility director decides to admit a person
27    as a voluntary recipient, he shall state in  the  recipient's
28    record the reason why informal admission is not suitable.
29    (Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)

30        (405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)
31        Sec.  3-400.  Any person 16 or older may be admitted to a
32    mental health facility as a voluntary recipient for treatment
 
HB3548 Enrolled            -19-               LRB9111471DJsbA
 1    of a mental illness upon the filing of  an  application  with
 2    the  facility  director  of  the  facility  if  the  facility
 3    director  deems such person clinically suitable for admission
 4    as a  voluntary  recipient,  except  that  if  the  Community
 5    Service  Area  has  a  participating mental health center, no
 6    person shall be admitted to a  State-operated  mental  health
 7    facility until a written statement, as required under Section
 8    3-601.1,  recommending  admission  has  been  obtained from a
 9    qualified certifier.
10    (Source: P.A. 88-380; 88-484.)

11        (405 ILCS 5/3-405) (from Ch. 91 1/2, par. 3-405)
12        Sec.  3-405.   (a)   If  the  facility  director   of   a
13    Department  mental  health facility or a participating mental
14    health center declines to admit a  person  seeking  admission
15    under  Articles  III  or  IV of this Chapter, a review of the
16    denial may be requested by the person seeking  admission  or,
17    with  his  consent,  by  an  interested person on his behalf.
18    Such a request may be made on behalf of a minor presented for
19    admission under Section 3-502, 3-503 or 3-504 by the  minor's
20    attorney,  by the parent, guardian or person in loco parentis
21    who executed the application for his  admission,  or  by  the
22    minor  himself  if  he is 16 years of age or older.  Whenever
23    admission to a Department  facility  is  denied,  the  person
24    seeking  admission  shall immediately be given written notice
25    of the right to request  review  of  the  denial  under  this
26    Section and shall be provided, if he is 12 or older, with the
27    address  and  phone  number  of the Guardianship and Advocacy
28    Commission. If the person requests, the facility director  or
29    director  of  the  participating  mental  health center shall
30    assist him in contacting the Commission.  A  written  request
31    for review shall be submitted to the director of the facility
32    or   the  participating  mental  health  center  that  denied
33    admission within 14 days of the denial. Upon receipt  of  the
 
HB3548 Enrolled            -20-               LRB9111471DJsbA
 1    request,   the   facility   director   or   director  of  the
 2    participating mental health center shall promptly schedule  a
 3    hearing  to  be  held  at  the denying facility within 7 days
 4    pursuant to Section 3-207.
 5        (b)  At the hearing the Department or  the  participating
 6    mental  health  center  shall have the burden of proving that
 7    the person denied admission does not meet  the  standard  set
 8    forth  in the Section under which admission is sought or that
 9    an appropriate alternative community  treatment  program  was
10    available to meet the person's needs and was offered.  If the
11    utilization  review committee finds that the decision denying
12    admission  is  based  upon  substantial  evidence,  it  shall
13    recommend that the denial of admission be upheld. However, if
14    it finds that the facility to which admission is  sought  can
15    provide adequate and appropriate treatment for the person and
16    no  appropriate community alternative treatment is available,
17    it shall  recommend  that  the  person  denied  admission  be
18    admitted.  If it determines that another facility can provide
19    treatment appropriate to the clinical condition and needs  of
20    the  person  denied  admission,  it  may  recommend  that the
21    Department or other agency assist  the  person  in  obtaining
22    such treatment.
23    (Source: P.A. 88-484.)

24        (405 ILCS 5/3-502) (from Ch. 91 1/2, par. 3-502)
25        Sec.  3-502.   Any  minor 16 years of age or older may be
26    admitted to a mental health facility as a voluntary recipient
27    under Article  IV  of  this  Chapter  if  the  minor  himself
28    executes  the  application,  except  that  if  the  Community
29    Service  Area  has  a  participating mental health center, no
30    minor shall be admitted to  a  State-operated  mental  health
31    center  until  a written statement, as required under Section
32    3-601.1, recommending admission  has  been  obtained  from  a
33    qualified certifier.  A minor so admitted shall be treated as
 
HB3548 Enrolled            -21-               LRB9111471DJsbA
 1    an  adult under Article IV and shall be subject to all of the
 2    provisions of that Article.  The minor's parent, guardian  or
 3    person  in loco parentis shall be immediately informed of the
 4    admission.
 5    (Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)

 6        (405 ILCS 5/3-503) (from Ch. 91 1/2, par. 3-503)
 7        Sec.  3-503.   Admission  on  application  of  parent  or
 8    guardian.
 9        (a)  Any  minor  may  be  admitted  to  a  mental  health
10    facility for inpatient  treatment  upon  application  to  the
11    facility  director,  if  the facility director finds that the
12    minor has a mental illness or emotional disturbance  of  such
13    severity that hospitalization is necessary and that the minor
14    is likely to benefit from inpatient treatment, except that if
15    admission  is  sought  to  a  State-operated facility and the
16    Community Service Area  has  a  participating  mental  health
17    center, no minor shall be admitted to a State-operated mental
18    health  center  until  a written statement, as required under
19    Section  3-601.1,   recommending   admission   or   proposing
20    available  alternative  treatment  has  been  obtained from a
21    qualified certifier.  Except  in  cases  of  admission  under
22    Section  3-504,  prior to admission, a psychiatrist, clinical
23    social worker, or clinical psychologist  who  has  personally
24    examined  the  minor  shall  state  in writing that the minor
25    meets the standard for admission.  The  statement  shall  set
26    forth  in  detail  the  reasons for that conclusion and shall
27    indicate  what  alternatives  to  hospitalization  have  been
28    explored.
29        (b)  The application may  be  executed  by  a  parent  or
30    guardian  or,  in  the  absence of a parent or guardian, by a
31    person in loco parentis. Application may be made for a  minor
32    who  is a ward of the State by the Department of Children and
33    Family Services or by the Department of Corrections.
 
HB3548 Enrolled            -22-               LRB9111471DJsbA
 1    (Source: P.A. 87-530; 88-484.)

 2        (405 ILCS 5/3-504) (from Ch. 91 1/2, par. 3-504)
 3        Sec. 3-504.  Minors; emergency admissions.
 4        (a)  A minor who is eligible for admission under  Section
 5    3-503   and   who   is   in   a   condition   that  immediate
 6    hospitalization  is  necessary  may  be  admitted  upon   the
 7    application  of  a  parent  or  guardian,  or  person in loco
 8    parentis, or of an interested person 18 years of age or older
 9    when, after diligent effort, the minor's parent, guardian  or
10    person  in  loco  parentis  cannot  be  located or refuses to
11    consent to admission, except that if  the  Community  Service
12    Area has a participating mental health center, no minor shall
13    be  admitted to a State-operated mental health center until a
14    written  statement,  as  required  under   Section   3-601.1,
15    recommending  admission  or  proposing  available alternative
16    treatment has  been  obtained  from  a  qualified  certifier.
17    Following  admission  of  the minor, the facility director of
18    the mental health facility shall continue efforts  to  locate
19    the  minor's parent, guardian or person in loco parentis.  If
20    that person  is  located  and  consents  in  writing  to  the
21    admission,   the  minor  may  continue  to  be  hospitalized.
22    However, upon notification  of  the  admission,  the  parent,
23    guardian  or  person in loco parentis may request the minor's
24    discharge subject to the provisions of Section 3-508.
25        (b)  A peace officer may take a minor  into  custody  and
26    transport  the  minor  to a mental health facility when, as a
27    result of his personal observation,  the  peace  officer  has
28    reasonable  grounds to believe that the minor is eligible for
29    admission under Section 3-503 and  is  in  a  condition  that
30    immediate  hospitalization  is  necessary in order to protect
31    the minor or  others  from  physical  harm,  except  that  if
32    admission   is  sought  to  a  State-operated  mental  health
33    facility and the Community Service Area has  a  participating
 
HB3548 Enrolled            -23-               LRB9111471DJsbA
 1    mental  health  center,  no  minor  shall be transported to a
 2    State-operated  facility  until  a  written   statement,   as
 3    required  under  Section  3-601.1,  recommending admission or
 4    proposing available alternative treatment has  been  obtained
 5    from  a qualified certifier.  Upon arrival at the facility or
 6    participating mental health center, the peace  officer  shall
 7    complete an application under Section 3-503 and shall further
 8    include  a detailed statement of the reason for the assertion
 9    that immediate  hospitalization  is  necessary,  including  a
10    description of any acts or significant threats supporting the
11    assertion, the time and place of the occurrence of those acts
12    or threats, and the names, addresses and telephone numbers of
13    other witnesses of those acts or threats.
14        (c)  If  no  parent,  guardian or person in loco parentis
15    can be found within 3 days, excluding Saturdays,  Sundays  or
16    holidays,  after  the admission of a minor, or if that person
17    refuses either to consent to admission of  the  minor  or  to
18    request  his  discharge,  a petition shall be filed under the
19    Juvenile  Court  Act  of  1987  to  ensure  that  appropriate
20    guardianship is provided.
21        (d)  If, however, a court finds, based on the  evaluation
22    by  a  psychiatrist,  licensed  clinical  social  worker,  or
23    licensed  clinical  psychologist  or  the  testimony or other
24    information offered by a parent, guardian, person  acting  in
25    loco   parentis  or  other  interested  adults,  that  it  is
26    necessary in order to complete an examination of a minor, the
27    court may order that the minor be admitted to a mental health
28    facility pending examination and may order a peace officer or
29    other person to transport the minor to the  facility,  except
30    that if the mental health facility is a State-operated mental
31    health   facility  and  the  Community  Service  Area  has  a
32    participating mental health center, the minor shall  be  seen
33    for  a  screening evaluation by a qualified certifier.  After
34    examination, the participating  mental  health  center  shall
 
HB3548 Enrolled            -24-               LRB9111471DJsbA
 1    recommend  to the court an appropriate treatment setting.  If
 2    the appropriate treatment setting is a State-operated  mental
 3    health facility, the participating mental health center shall
 4    provide  a  written  statement,  as  required  under  Section
 5    3-601.1,  obtained  from  a  qualified certifier recommending
 6    admission to a State-operated mental health facility.
 7        (e)  If a parent, guardian,  or  person  acting  in  loco
 8    parentis  is  unable  to transport a minor to a mental health
 9    facility for examination, the  parent,  guardian,  or  person
10    acting  in  loco  parentis may petition the court to compel a
11    peace officer to take the minor into  custody  and  transport
12    the  minor  to a mental health facility for examination.  The
13    court may grant the order if the court finds,  based  on  the
14    evaluation   by  a  psychiatrist,  licensed  clinical  social
15    worker, or licensed clinical psychologist or the testimony of
16    a parent, guardian, or person acting in  loco  parentis  that
17    the  examination  is  necessary  and that the assistance of a
18    peace officer is required  to  effectuate  admission  of  the
19    minor to a mental health facility.
20        (f)  Within  24 hours after admission under this Section,
21    a psychiatrist or clinical psychologist  who  has  personally
22    examined  the  minor  shall certify in writing that the minor
23    meets the  standard  for  admission.  If  no  certificate  is
24    furnished, the minor shall be discharged immediately.
25    (Source: P.A. 87-530; 88-484; 88-670, eff. 12-2-94.)

26        (405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601)
27        Sec. 3-601. Involuntary admission; petition.
28        (a)  When   a   person  is  asserted  to  be  subject  to
29    involuntary admission and in such a condition that  immediate
30    hospitalization  is  necessary  for  the  protection  of such
31    person or others from physical harm, any person  18 years  of
32    age  or older may present a petition to the facility director
33    of  a  mental  health  facility  in  the  county  where   the
 
HB3548 Enrolled            -25-               LRB9111471DJsbA
 1    respondent resides or is present, except that if admission is
 2    sought  to  a  State-operated  mental health facility and the
 3    Community Service Area  has  a  participating  mental  health
 4    center,  the  petition  may  be  presented  to  the qualified
 5    certifier.  No person shall be admitted to  a  State-operated
 6    mental health facility until a written statement, as required
 7    under   Section  3-601.1,  recommending  admission  has  been
 8    obtained from a  qualified  certifier,  except  that  if  the
 9    person  asserted  to  be  subject to involuntary admission is
10    presented for admission directly to a  State-operated  mental
11    health facility or when no qualified certifier is immediately
12    available, the person shall be admitted to the State-operated
13    mental  health  facility  and the participating mental health
14    center shall be notified, as provided in Section  3-603,  and
15    shall  provide  a  qualified certifier to conduct a screening
16    within 24  hours.   The  petition  may  be  prepared  by  the
17    facility director of the facility.
18        (b)  The petition shall include all of the following:
19        1.  A  detailed statement of the reason for the assertion
20    that the respondent  is  subject  to  involuntary  admission,
21    including  the  signs  and symptoms of a mental illness and a
22    description of any acts, or  significant  threats,  or  other
23    behavior  or pattern or behavior supporting the assertion and
24    the time and place of their occurrence.;
25        2.  The name and address of the spouse, parent, guardian,
26    substitute decision maker, if any, and close relative, or  if
27    none,  the  name  and  address  of  any  known  friend of the
28    respondent whom the petitioner has reason to believe may know
29    or have any of  the  other  names  and  addresses.    If  the
30    petitioner  is unable to supply any such names and addresses,
31    the petitioner he shall state that diligent inquiry was  made
32    to learn this information and specify the steps taken.;
33        3.  The petitioner's relationship to the respondent and a
34    statement as to whether the petitioner has legal or financial
 
HB3548 Enrolled            -26-               LRB9111471DJsbA
 1    interest  in the matter or is involved in litigation with the
 2    respondent.  If the  petitioner  has  a  legal  or  financial
 3    interest  in the matter or is involved in litigation with the
 4    respondent, a statement of why  the  petitioner  believes  it
 5    would  not  be practicable or possible for someone else to be
 6    the petitioner.;
 7        4.  The  names,  addresses  and  phone  numbers  of   the
 8    witnesses by which the facts asserted may be proved.
 9        (c)  Knowingly  making  a material false statement in the
10    petition is a Class A misdemeanor.
11    (Source: P.A. 88-484.)

12        (405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
13        Sec. 3-603. (a) If no physician, qualified  examiner,  or
14    clinical   psychologist   or   qualified   certifier   at   a
15    participating  mental  health center is immediately available
16    or it is not possible after a diligent effort to  obtain  the
17    certificate provided for in Section 3-602, the respondent may
18    be  detained for examination in a mental health facility upon
19    presentation of the petition alone pending the  obtaining  of
20    such  a  certificate, except that if admission is sought to a
21    State-operated  mental  health  facility  and  the  Community
22    Service Area has a participating mental  health  center,  the
23    participating  mental  health  center  shall  be notified and
24    shall provide a qualified certifier to  conduct  a  screening
25    within 24 hours.
26        (b)  In  such  instance the petition shall conform to the
27    requirements of Section 3-601 and further specify that:
28        1.  the petitioner believes, as a result of his  personal
29    observation,  that  the  respondent is subject to involuntary
30    admission;
31        2.  a diligent effort was made to obtain  a  certificate;
32    and
33        3.  no   physician,   qualified   examiner,  or  clinical
 
HB3548 Enrolled            -27-               LRB9111471DJsbA
 1    psychologist could be found who has examined or could examine
 2    the respondent.
 3    (Source: P.A. 88-484.)

 4        (405 ILCS 5/3-606) (from Ch. 91 1/2, par. 3-606)
 5        Sec. 3-606.  A peace  officer  may  take  a  person  into
 6    custody  and  transport him to a mental health facility when,
 7    as a result of his personal observation,  the  peace  officer
 8    has  reasonable grounds to believe that the person is subject
 9    to  involuntary  admission   and   in   need   of   immediate
10    hospitalization   to  protect  such  person  or  others  from
11    physical harm, except  that  if  treatment  is  sought  to  a
12    State-operated  mental  health  facility  and  the  Community
13    Service  Area  has  a participating mental health center, the
14    person shall first be seen for a screening examination  by  a
15    qualified  certifier.   After  examination, the participating
16    mental health center shall refer the person to an appropriate
17    treatment setting.  If the appropriate treatment setting is a
18    State-operated  mental  health  facility,  the  participating
19    mental health center shall provide  a  written  statement  as
20    required under Section 3-601.1.  Upon arrival at the facility
21    or  participating  mental  health  center,  the peace officer
22    shall complete the petition under Section 3-601.
23    (Source: P.A. 88-484.)

24        (405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
25        Sec.  3-607.   Court  ordered  temporary  detention   and
26    examination.   When,  as a result of personal observation and
27    testimony in open court, any court has reasonable grounds  to
28    believe  that  a  person  appearing  before  it is subject to
29    involuntary   admission   and   in    need    of    immediate
30    hospitalization   to  protect  such  person  or  others  from
31    physical harm, the court may enter an order for the temporary
32    detention and examination of  such  person,  except  that  if
 
HB3548 Enrolled            -28-               LRB9111471DJsbA
 1    detention  and  examination  is  ordered  at a State-operated
 2    mental health facility and the Community Service Area  has  a
 3    participating  mental health center, the person shall be seen
 4    for a screening examination by a qualified certifier.   After
 5    examination  the  participating  mental  health  center shall
 6    recommend to the court an appropriate treatment setting.   If
 7    the  appropriate treatment setting is a State-operated mental
 8    health facility, the participating mental health center shall
 9    provide  a  written  statement  as  required  under   Section
10    3-601.1.  The order shall set forth in detail the facts which
11    are the basis for its conclusion.   The  court  may  order  a
12    peace  officer  to take the person into custody and transport
13    him to a mental health facility. The person may  be  detained
14    for examination for no more than 24 hours.  If a petition and
15    certificate, as provided in this Article, are executed within
16    the  24  hours, the person may be admitted and the provisions
17    of this Article shall apply.  If no petition  or  certificate
18    is executed, the person shall be released.
19    (Source: P.A. 88-484.)

20        (405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702)
21        Sec.  3-702.  (a)  The petition may be accompanied by the
22    certificate of a physician, qualified examiner,  or  clinical
23    psychologist  which  certifies that the respondent is subject
24    to  involuntary  admission  and  which  contains  the   other
25    information specified in Section 3-602.
26        (b)  Upon  receipt of the petition either with or without
27    a certificate, if the court finds the documents are in order,
28    it may make such orders pursuant  to  Section  3-703  as  are
29    necessary  to  provide  for examination of the respondent. If
30    the petition is not accompanied by  2  certificates  executed
31    pursuant to Section 3-703, the court may order the respondent
32    to  present  himself  for  examination  at  a  time and place
33    designated by the court,  except  that  if  the  place  is  a
 
HB3548 Enrolled            -29-               LRB9111471DJsbA
 1    State-operated  mental  health  facility  and  the  Community
 2    Service  Area  has  a participating mental health center, the
 3    person shall  be  seen  for  a  screening  examination  by  a
 4    qualified  certifier.   After  examination, the participating
 5    mental  health  center  shall  recommend  to  the  court   an
 6    appropriate  treatment setting.  If the appropriate treatment
 7    setting is  a  State-operated  mental  health  facility,  the
 8    participating  mental  health  center shall provide a written
 9    statement, as required under Section 3-601.1, obtained from a
10    qualified   certifier    recommending    admission    to    a
11    State-operated  mental  health  facility.  If the petition is
12    accompanied by 2 certificates executed  pursuant  to  Section
13    3-703  and  the  court  finds  the documents are in order, it
14    shall set the matter for hearing.
15    (Source: P.A. 88-484.)

16        (405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)
17        Sec. 3-704.  Examination; detention.
18        (a)  The respondent shall be permitted to remain  in  his
19    or  her  place  of  residence  pending  any examination.  The
20    respondent He may be accompanied by one or more of his or her
21    relatives or friends or by his or her attorney to  the  place
22    of  examination.  If,  however,  the  court  finds that it is
23    necessary in order to complete the examination the court  may
24    order that the person be admitted to a mental health facility
25    pending  examination  and  may order a peace officer or other
26    person to transport the person him there.  If examination and
27    detention  is  sought  at  a  State-operated  mental   health
28    facility  and  the Community Service Area has a participating
29    mental  health  center,  the  person  shall  be  seen  for  a
30    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  setting  is  a State-operated mental health
 
HB3548 Enrolled            -30-               LRB9111471DJsbA
 1    facility,  the  participating  mental  health  center   shall
 2    provide  a  written  statement,  as  required  under  Section
 3    3-601.1,  obtained  from  a  qualified certifier recommending
 4    admission  to  a  State-operated  mental   health   facility.
 5    Whenever  possible  The  examination  shall be conducted at a
 6    local mental health facility or hospital or, if possible,  in
 7    the  respondent's  own  place of residence.  No person may be
 8    detained for examination under this Section for more than  24
 9    hours.   The  person shall be released upon completion of the
10    examination  unless  the  physician,  qualified  examiner  or
11    clinical psychologist executes a certificate stating that the
12    person is subject to involuntary admission  and  in  need  of
13    immediate  hospitalization  to  protect such person or others
14    from  physical  harm.   Upon  admission  under  this  Section
15    treatment may be given pursuant to Section 3-608.
16        (b)  Not  later  than  24  hours,  excluding   Saturdays,
17    Sundays,  and  holidays,  after admission under this Section,
18    the respondent shall be asked if he desires the petition  and
19    the  notice  required  under  Section 3-206 sent to any other
20    persons and  at  least  2  such  persons  designated  by  the
21    respondent  shall  be sent the documents.  At the time of his
22    admission the respondent shall be  allowed  to  complete  not
23    fewer than 2 telephone calls to such persons as he chooses.
24    (Source: P.A. 88-484.)

25        (405 ILCS 5/3-706) (from Ch. 91 1/2, par. 3-706)
26        Sec.  3-706.   The  court  shall set a hearing to be held
27    within 5 days, excluding  Saturdays,  Sundays  and  holidays,
28    after  its  receipt  of  the  second certificate or after the
29    respondent is admitted to a mental health facility, whichever
30    is earlier.  The court shall direct that notice of  the  time
31    and  place  of  hearing  be  served  upon the respondent, his
32    attorney, and guardian, if any,  his  responsible  relatives,
33    the  participating  mental  health  center  for the Community
 
HB3548 Enrolled            -31-               LRB9111471DJsbA
 1    Service Area, if  one  exists,  and  the  facility  director.
 2    Unless  the respondent is admitted pursuant to Section 3-704,
 3    he may remain at his  residence  pending  the  hearing.   If,
 4    however,  the  court finds it necessary, it may order a peace
 5    officer or another person to have the respondent  before  the
 6    court at the time and place set for hearing.
 7    (Source: P.A. 88-484.)

 8        (405 ILCS 5/3-810) (from Ch. 91 1/2, par. 3-810)
 9        Sec.   3-810.   Before  disposition  is  determined,  the
10    facility director or such  other  person  as  the  court  may
11    direct  shall  prepare a written report including information
12    on  the  appropriateness  and  availability  of   alternative
13    treatment settings, a social investigation of the respondent,
14    a preliminary treatment plan, and any other information which
15    the  court  may  order.   If the community service area has a
16    participating mental health center, the written statement  as
17    required  under  Section  3-601.1  shall  be attached to this
18    report. The treatment plan shall  describe  the  respondent's
19    problems   and  needs,  the  treatment  goals,  the  proposed
20    treatment  methods,  and  a  projected  timetable  for  their
21    attainment. If the respondent is found subject to involuntary
22    admission, the court shall consider the report in determining
23    an appropriate disposition.
24    (Source: P.A. 88-484.)

25        (405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811)
26        Sec. 3-811.  Involuntary  admission;  alternative  mental
27    health   facilities.  If  any  person  is  found  subject  to
28    involuntary admission, the court shall  consider  alternative
29    mental  health  facilities  which  are  appropriate  for  and
30    available  to  the  respondent,  including but not limited to
31    hospitalization.  The  court  may  order  the  respondent  to
32    undergo  a  program  of  hospitalization  in  a mental health
 
HB3548 Enrolled            -32-               LRB9111471DJsbA
 1    facility  designated  by  the  Department,   or   alternative
 2    treatment  in  a  licensed private hospital or private mental
 3    health facility if it agrees,; or in a facility of the United
 4    States State Veterans Administration if  it  agrees;  or  the
 5    court  may  order  the  respondent  to  undergo  a program of
 6    alternative treatment; or the court may place the  respondent
 7    in the care and custody of a relative or other person willing
 8    and  able  to  properly  care  for him or her; or in a mental
 9    health  facility  recommended  by  the  participating  mental
10    health center of a Community Service Area, or if there is  no
11    participating  mental  health  center  in a Community Service
12    Area,  the  Department  shall  designate  the  State-operated
13    mental health facility.  If the participating  mental  health
14    center  recommends  a  State-operated mental health facility,
15    the  participating  mental  health  center  shall  provide  a
16    written statement as required  under  Section  3-601.1.   The
17    court  shall  order  the  least  restrictive  alternative for
18    treatment which is appropriate.
19    (Source: P.A. 88-484.)

20        (405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812)
21        Sec.  3-812.   Court   ordered   alternative   treatment;
22    modification; revocation.
23        (a)  Alternative  treatment  shall  not be ordered unless
24    the program being considered is capable of providing adequate
25    and humane treatment in the least restrictive  setting  which
26    is appropriate to the respondent's condition.
27        The  court  shall  have continuing authority to modify an
28    order for alternative treatment if  the  recipient  fails  to
29    comply  with  the  order or is otherwise found unsuitable for
30    alternative treatment.  Prior to modifying such an order, the
31    court shall receive a report from the  facility  director  of
32    the  program  specifying  why  the  alternative  treatment is
33    unsuitable.  The recipient shall be  notified  and  given  an
 
HB3548 Enrolled            -33-               LRB9111471DJsbA
 1    opportunity  to  respond  when  modification of the order for
 2    alternative treatment is considered.
 3        (b)  If  the  court  revokes  an  order  for  alternative
 4    treatment and orders a recipient hospitalized, it may order a
 5    peace  officer  to  take  the  recipient  into  custody   and
 6    transport  him  to  the  facility.   The  court may order the
 7    recipient to  undergo  a  program  of  hospitalization  at  a
 8    licensed  private hospital or private mental health facility,
 9    or a facility of the United States  Veterans  Administration,
10    if such private or Veterans Administration facility agrees to
11    such  placement, or at a mental health facility designated by
12    the Department.  participating  mental  health  center  of  a
13    Community  Service  Area,  and  if  there is no participating
14    mental health center  in  the  Community  Service  Area,  the
15    Department  shall  designate the State-operated mental health
16    facility.   If  the  participating   mental   health   center
17    designates  a  State-operated  mental  health  facility,  the
18    participating  mental  health  center shall provide a written
19    statement as required under Section 3-601.1.
20    (Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)

21        (405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902)
22        Sec. 3-902.  Director initiated discharge.
23        (a)  The facility director may at any time  discharge  an
24    informal,  voluntary,  or  minor  recipient who is clinically
25    suitable for  discharge,  except  that  no  person  shall  be
26    discharged  from  a State-operated mental health facility, if
27    there is a participating mental health center  located  in  a
28    Community  Service  Area  in  which  the recipient intends to
29    live, without a written notice to  the  participating  mental
30    health center.
31        (b)  The  facility  director  shall discharge a recipient
32    admitted upon court order under this  Chapter  or  any  prior
33    statute   where  he  is  no  longer  subject  to  involuntary
 
HB3548 Enrolled            -34-               LRB9111471DJsbA
 1    admission.  If the facility director believes that continuing
 2    treatment is advisable for such recipient,  he  shall  inform
 3    the  recipient  of  his  right  to  remain  as an informal or
 4    voluntary recipient.
 5        (c)  When a facility director discharges or  changes  the
 6    status  of  a  recipient  pursuant  to  this Section he shall
 7    promptly notify the clerk of  the  court  which  entered  the
 8    original  order  of  the  discharge or change in status. Upon
 9    receipt of such notice, the clerk of the court shall note the
10    action taken in  the  court  record.   If  the  person  being
11    discharged  is  a person under legal disability, the facility
12    director shall also submit a certificate regarding his  legal
13    status without disability pursuant to Section 3-907.
14        (d)  When the facility director determines that discharge
15    is  appropriate  for  a recipient pursuant to this Section or
16    Section 3-403 he or she shall notify the state's attorney  of
17    the  county  in which the recipient resided immediately prior
18    to his admission to a mental health facility and the  state's
19    attorney of the county where the last petition for commitment
20    was  filed  at  least  48  hours  prior to the discharge when
21    either  state's  attorney  has  requested  in  writing   such
22    notification   on  that  individual  recipient  or  when  the
23    facility director regards a recipient as a continuing  threat
24    to  the  peace  and safety of the community.  Upon receipt of
25    such notice, the state's attorney may take any  court  action
26    or notify such peace officers that he deems appropriate.
27        (e)  The  facility director may grant a temporary release
28    to a recipient whose condition is not considered  appropriate
29    for   discharge  where  such  release  is  considered  to  be
30    clinically appropriate, provided that the  release  does  not
31    endanger the public safety.
32    (Source:  P.A.  88-380; 88-484; 88-670, eff. 12-2-94; 89-439,
33    eff. 6-1-96.)
 
HB3548 Enrolled            -35-               LRB9111471DJsbA
 1        (405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)
 2        Sec.  3-909.   Alternative  treatment.    Any   recipient
 3    hospitalized or admitted to alternative treatment or care and
 4    custody  under  Article  VIII of this Chapter may at any time
 5    petition the court for transfer to a  different  facility  or
 6    program  of alternative treatment, to care and custody, or to
 7    the care and custody of a different  person.   His  attorney,
 8    guardian,  custodian, or responsible relative may file such a
 9    petition on his behalf.  If the recipient  is  in  a  private
10    facility,  the  facility  may  also  petition  for  transfer.
11    Recipients  in  private  facilities or United States Veterans
12    Administration facilities may  petition  for  transfer  to  a
13    mental   health   facility   designated  by  the  Department.
14    recommended by the participating mental health  center  of  a
15    Community  Service  Area,  and  if  the  participating mental
16    health  center  designates  a  State-operated  mental  health
17    facility,  the  participating  mental  health  center   shall
18    provide   a  written  statement  as  required  under  Section
19    3-601.1.  If there is no participating mental  health  center
20    in  a  community service area, the Department shall designate
21    the State-operated mental  health  facility.  Recipients  may
22    petition  for transfer to a program of alternative treatment,
23    or to care and custody.  Recipients in private facilities may
24    also  petition  for  transfer  to  United   States   Veterans
25    Administration   facilities.   Recipients  in  United  States
26    Veterans Administration  facilities  may  also  petition  for
27    transfer  to  private  facilities.   Recipients in Department
28    facilities may petition for  transfer  to  a  private  mental
29    health  facility,  a  United  States  Veterans Administration
30    facility, a program of alternative treatment, or to care  and
31    custody.     Admission    to   a   United   States   Veterans
32    Administration facility shall be governed  by  Article  X  of
33    this  Chapter  3.  No transfers between Department facilities
34    or between units of the same facility may  be  ordered  under
 
HB3548 Enrolled            -36-               LRB9111471DJsbA
 1    this  Section.   An  order  for  hospitalization shall not be
 2    entered under this Section if  the  original  order  did  not
 3    authorize  hospitalization  unless a hearing is held pursuant
 4    to Article VIII of this Chapter.
 5    (Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)

 6        (405 ILCS 5/5-104) (from Ch. 91 1/2, par. 5-104)
 7        Sec. 5-104.  The Department  may  prescribe  and  publish
 8    rules  and  regulations to carry out the purposes of this Act
 9    and to enforce the provisions this Act and may  alter,  amend
10    and  supplement  such  rules and regulations relating to this
11    Act; but any person affected adversely by any order or ruling
12    of the Department  is  entitled  to  review  as  provided  in
13    Section  6-100  of  this  Act. Pending final decision on such
14    review, the acts, orders and rulings of the Department  shall
15    remain  in full force and effect unless modified or suspended
16    by order of court pending final judicial decision thereof.
17        The provisions of the Illinois  Administrative  Procedure
18    Act  are  hereby  expressly  adopted  and  shall apply to all
19    administrative rules and procedures of the  Department  under
20    this  Act,  except  that  in  case  of  conflict  between the
21    Illinois  Administrative  Procedure  Act  and  this  Act  the
22    provisions of this Act shall control, and except that Section
23    5-35 of the Illinois Administrative Procedure Act relating to
24    procedures for rule-making does not apply to the adoption  of
25    any rule required by federal law in connection with which the
26    Department   is   precluded   by   law  from  exercising  any
27    discretion.
28        As part of such rules  and  regulations,  the  Department
29    shall  require  that  any  State  operated  facility  and any
30    community agency, whether public or private,  which  provides
31    mental  health  or developmental disabilities services to any
32    person shall, with respect to such person, use a uniform case
33    opening form approved by  the  Department.   The  form  shall
 
HB3548 Enrolled            -37-               LRB9111471DJsbA
 1    require that such person's Social Security number be obtained
 2    and  stated  among other information requested.  The facility
 3    or agency may assign a case number to each recipient  of  its
 4    services, and that number shall be provided to the Department
 5    on any reports requested by the Department.
 6        As  part  of  the  rules  and regulations, the Department
 7    shall develop and define  the  boundaries  of  the  Community
 8    Service  Areas  and Service Areas as defined by this Act.  It
 9    shall establish, by rule,  the  criteria  for  entering  into
10    contracts  or  formal  agreements  with  participating mental
11    health  centers,  including  standards  for  the   following:
12    24-hour  crisis  care,  Medicaid  certification,  utilization
13    review  rights  of  recipients under Section 3-207, emergency
14    admission processes, psychiatric coverage, linkage of persons
15    deflected   from   State-operated    facilities,    complaint
16    investigations    and    dispute   resolutions,   undomiciled
17    recipients, and revocation of contracts or formal  agreements
18    with  participating  mental  health  centers.   The rules and
19    regulations shall define a quality assurance  process  to  be
20    implemented  by  participating  mental health centers and the
21    Department  involving  the   establishment   of   performance
22    indicators monitored by the Department to assure the delivery
23    of    quality   services   that   are   subject   to   public
24    accountability.  The rules and regulations shall be developed
25    with advice and input from community providers,  primary  and
26    secondary   consumers,   advocacy  organizations,  and  other
27    interested parties.
28    (Source: P.A. 88-45; 88-484.)

29        (405 ILCS 5/5-117) (from Ch. 91 1/2, par. 5-117)
30        Sec. 5-117. The Attorney General shall defend  all  civil
31    actions  and proceedings against any employee or agent of the
32    Department or  of  any  participating  mental  health  center
33    arising  out  of  official  duties  in  connection  with  the
 
HB3548 Enrolled            -38-               LRB9111471DJsbA
 1    apprehension,    transportation,    examination,    services,
 2    detention  or  discharge of any individual under this Act, in
 3    any of the courts of this State or in federal court.
 4    (Source: P.A. 88-484.)

 5        (405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)
 6        Sec. 6-103. (a) All persons  acting  in  good  faith  and
 7    without  negligence  in  connection  with  the preparation of
 8    applications, petitions, certificates or other documents, for
 9    the  apprehension,  transportation,  examination,  treatment,
10    habilitation, detention or discharge of an  individual  under
11    the  provisions  of  this  Act  incur  no liability, civil or
12    criminal, by reason of such acts.
13        (b)  There shall be no liability on the part of,  and  no
14    cause  of  action  shall  arise  against, any person who is a
15    physician, clinical psychologist, or qualified examiner based
16    upon that person's failure to warn  of  and  protect  from  a
17    recipient's  threatened  or  actual  violent  behavior except
18    where the recipient has communicated to the person a  serious
19    threat of physical violence against a reasonably identifiable
20    victim  or victims. Nothing in this Section shall relieve any
21    employee or director of  any  residential  mental  health  or
22    developmental disabilities facility from any duty he may have
23    to  protect  the  residents of such a facility from any other
24    resident.
25        (c)  Any duty which any person may owe  to  anyone  other
26    than   a  resident  of  a  mental  health  and  developmental
27    disabilities facility shall  be  discharged  by  that  person
28    making  a  reasonable effort to communicate the threat to the
29    victim and to a law enforcement agency, or  by  a  reasonable
30    effort to obtain the hospitalization of the recipient.
31        (d)  An  act of omission or commission by a peace officer
32    acting in good faith in  rendering  emergency  assistance  or
33    otherwise enforcing this Code does not impose civil liability
 
HB3548 Enrolled            -39-               LRB9111471DJsbA
 1    on  the  peace  officer  or his or her supervisor or employer
 2    unless the act is a result of willful or wanton misconduct.
 3    (Source: P.A. 88-380.)

 4        (405 ILCS 5/1-114.2 rep.)
 5        (405 ILCS 5/1-114.3 rep.)
 6        (405 ILCS 5/1-114.4 rep.)
 7        (405 ILCS 5/1-114.5 rep.)
 8        (405 ILCS 5/3-601.1 rep.)
 9        Section  11.  The   Mental   Health   and   Developmental
10    Disabilities  Code  is amended by repealing Sections 1-114.2,
11    1-114.3, 1-114.4, 1-114.5, and 3-601.1.

12        Section   15.   The  Mental  Health   and   Developmental
13    Disabilities  Confidentiality  Act  is  amended  by  changing
14    Section 10 as follows:

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

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.
 
HB3548 Enrolled            -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 Enrolled            -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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