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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_SB1508
LRB9112739DJcd
1 AN ACT to amend the Mental Health and Developmental
2 Disabilities Code by changing Sections 1-121, 2-107.1, and
3 3-813.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Mental Health and Developmental
7 Disabilities Code is amended by changing Sections 1-121,
8 2-107.1, and 3-813 as follows:
9 (405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121)
10 Sec. 1-121. "Psychiatrist" means a physician as defined
11 in the first sentence of Section 1-120 who has successfully
12 completed a residency program in psychiatry accredited by
13 either the Accreditation Council for Graduate Medical
14 Education or the American Osteopathic Association at least 3
15 years of formal training or primary experience in the
16 diagnosis and treatment of mental illness.
17 (Source: P.A. 80-1414.)
18 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
19 Sec. 2-107.1. Administration of authorized involuntary
20 treatment upon application to a court.
21 (a) Notwithstanding the provisions of Section 2-107 of
22 this Code, authorized involuntary treatment may be
23 administered to an adult recipient of services without the
24 informed consent of the recipient under the following
25 standards:
26 (1) Any person 18 years of age or older, including
27 any guardian, may petition the circuit court for an order
28 authorizing the administration of authorized involuntary
29 treatment to a recipient of services. The petition shall
30 state that the petitioner has made a good faith attempt
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1 to determine whether the recipient has executed a power
2 of attorney for health care under the Powers of Attorney
3 for Health Care Law or a declaration for mental health
4 treatment under the Mental Health Treatment Preference
5 Declaration Act and to obtain copies of these instruments
6 if they exist. If either of the above-named instruments
7 is available to the petitioner, the instrument shall be
8 attached to the petition as an exhibit. The petitioner
9 shall deliver a copy of the petition, and notice of the
10 time and place of the hearing, to the respondent, his or
11 her attorney, any known agent or attorney-in-fact, if
12 any, and the guardian, if any, no later than 3 10 days
13 prior to the date of the hearing. The petition may
14 include a request that the court authorize such testing
15 and procedures as may be essential for the safe and
16 effective administration of the authorized involuntary
17 treatment sought to be administered, but only where the
18 petition sets forth the specific testing and procedures
19 sought to be administered.
20 If a hearing is requested to be held immediately
21 following the hearing on a petition for involuntary
22 admission, then the notice requirement shall be the same
23 as that for the hearing on the petition for involuntary
24 admission, and the petition filed pursuant to this
25 Section shall be filed with the petition for involuntary
26 admission.
27 (2) The court shall hold a hearing within 7 14 days
28 of the filing of the petition. The People, the
29 petitioner, or the recipient shall be entitled to a
30 continuance of up to 7 days as of right. An additional
31 continuance of Continuances totaling not more than 7 14
32 days may be granted to the recipient upon a showing that
33 the continuance is continuances are needed in order to
34 prepare adequately prepare for a hearing under this
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1 Section. The court may, in its discretion, grant
2 additional continuances if agreed to by all parties. The
3 hearing shall be separate from a judicial proceeding held
4 to determine whether a person is subject to involuntary
5 admission, but the hearing may be held immediately
6 following that judicial proceeding and may be heard by
7 the same trier of fact as in that judicial proceeding.
8 (3) Unless otherwise provided herein, the
9 procedures set forth in Article VIII of Chapter 3 of this
10 Act, including the provisions regarding appointment of
11 counsel, shall govern hearings held under this subsection
12 (a).
13 (4) Authorized involuntary treatment shall not be
14 administered to the recipient unless it has been
15 determined by clear and convincing evidence that all of
16 the following factors are present:
17 (A) That the recipient has a serious mental
18 illness or developmental disability.
19 (B) That because of said mental illness or
20 developmental disability, the recipient exhibits any
21 one of the following: (i) deterioration of his
22 ability to function, (ii) suffering, (iii)
23 threatening behavior, or (iv) disruptive behavior.
24 (C) That the illness or disability has existed
25 for a period marked by the continuing presence of
26 the symptoms set forth in item (B) of this
27 subdivision (4) or the repeated episodic occurrence
28 of these symptoms.
29 (D) That the benefits of the treatment
30 outweigh the harm.
31 (E) That the recipient lacks the capacity to
32 make a reasoned decision about the treatment.
33 (F) That other less restrictive services have
34 been explored and found inappropriate.
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1 (G) If the petition seeks authorization for
2 testing and other procedures, that such testing and
3 procedures are essential for the safe and effective
4 administration of the treatment.
5 (5) In no event shall an order issued under this
6 Section be effective for more than 90 days. A second
7 90-day period of involuntary treatment may be authorized
8 pursuant to a hearing that complies However, authorized
9 involuntary treatment may be administered for additional
10 90-day periods without limitation under hearings that
11 comply with the above standards and procedures of this
12 subsection (a). Thereafter, additional 180-day periods of
13 involuntary treatment may be authorized pursuant to the
14 standards and procedures of this Section without limit.
15 If a new petition to authorize the administration of
16 authorized involuntary treatment is filed at least 15
17 days prior to the expiration of the prior order, and if
18 any continuance of the hearing is agreed to by the
19 recipient, the administration of the treatment may
20 continue in accordance with the prior order pending the
21 completion of a hearing under this Section.
22 (6) An order issued under this subsection (a) shall
23 designate the persons authorized to administer the
24 authorized involuntary treatment under the standards and
25 procedures of this subsection (a). Those persons shall
26 have complete discretion not to administer any treatment
27 authorized under this Section. The order shall also
28 specify the medications and the anticipated range of
29 dosages that have been authorized.
30 (b) A guardian may be authorized to consent to the
31 administration of authorized involuntary treatment to an
32 objecting recipient only under the standards and procedures
33 of subsection (a).
34 (c) Notwithstanding any other provision of this Section,
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1 a guardian may consent to the administration of authorized
2 involuntary treatment to a non-objecting recipient under
3 Article XIa of the Probate Act of 1975.
4 (d) Nothing in this Section shall prevent the
5 administration of authorized involuntary treatment to
6 recipients in an emergency under Section 2-107 of this Act.
7 (e) Notwithstanding any of the provisions of this
8 Section, authorized involuntary treatment may be administered
9 pursuant to a power of attorney for health care under the
10 Powers of Attorney for Health Care Law or a declaration for
11 mental health treatment under the Mental Health Treatment
12 Preference Declaration Act.
13 (Source: P.A. 89-11, eff. 3-31-95; 89-439, eff. 6-1-96;
14 90-538, eff. 12-1-97.)
15 (405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813)
16 Sec. 3-813. (a) An initial order for hospitalization
17 shall be for a period not to exceed 90 180 days. Prior to the
18 expiration of the initial order if the facility director
19 believes that the recipient continues to be subject to
20 involuntary admission, a new petition and 2 new certificates
21 may be filed with the court. If a petition is filed, the
22 facility director shall file with the court a current
23 treatment plan which includes an evaluation of the
24 recipient's progress and the extent to which he is benefiting
25 from treatment. If no petition is filed prior to the
26 expiration of the initial order, the recipient shall be
27 discharged. Following a hearing, the court may order a second
28 period of hospitalization not to exceed 90 180 days only if
29 it finds that the recipient continues to be subject to
30 involuntary admission.
31 (b) Additional 180 day periods of treatment may be
32 sought pursuant to the procedures set out in this Section for
33 so long as the recipient continues to be subject to
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1 involuntary admission. The provisions of this chapter which
2 apply whenever an initial order is sought shall apply
3 whenever an additional period of treatment is sought.
4 (Source: P.A. 88-380.)