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91_SB1508eng SB1508 Engrossed 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 Associationat least 315years of formal training or primary experience in the16diagnosis 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 SB1508 Engrossed -2- LRB9112739DJcd 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 310days 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 714days 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 ofContinuances totalingnot more than 71432 days may be granted to the recipient upon a showing that 33 the continuance iscontinuances areneeded in order to 34prepareadequately prepare for a hearing under this SB1508 Engrossed -3- LRB9112739DJcd 1 Section. In exceptional circumstances as determined by 2 the court, the court may, in its discretion, grant an 3 additional continuance not to exceed 30 dayscontinuances4if agreed to by all parties. The hearing shall be 5 separate from a judicial proceeding held to determine 6 whether a person is subject to involuntary admission, but 7 the hearing may be held immediately following that 8 judicial proceeding and may be heard by the same trier of 9 fact as in that judicial proceeding. 10 (3) Unless otherwise provided herein, the 11 procedures set forth in Article VIII of Chapter 3 of this 12 Act, including the provisions regarding appointment of 13 counsel, shall govern hearings held under this subsection 14 (a). 15 (4) Authorized involuntary treatment shall not be 16 administered to the recipient unless it has been 17 determined by clear and convincing evidence that all of 18 the following factors are present: 19 (A) That the recipient has a serious mental 20 illness or developmental disability. 21 (B) That because of said mental illness or 22 developmental disability, the recipient exhibits any 23 one of the following: (i) deterioration of his 24 ability to function, (ii) suffering, (iii) 25 threatening behavior, or (iv) disruptive behavior. 26 (C) That the illness or disability has existed 27 for a period marked by the continuing presence of 28 the symptoms set forth in item (B) of this 29 subdivision (4) or the repeated episodic occurrence 30 of these symptoms. 31 (D) That the benefits of the treatment 32 outweigh the harm. 33 (E) That the recipient lacks the capacity to 34 make a reasoned decision about the treatment. SB1508 Engrossed -4- LRB9112739DJcd 1 (F) That other less restrictive services have 2 been explored and found inappropriate. 3 (G) If the petition seeks authorization for 4 testing and other procedures, that such testing and 5 procedures are essential for the safe and effective 6 administration of the treatment. 7 (5) In no event shall an order issued under this 8 Section be effective for more than 90 days. A second 9 90-day period of involuntary treatment may be authorized 10 pursuant to a hearing that compliesHowever, authorized11involuntary treatment may be administered for additional1290-day periods without limitation under hearings that13complywith theabovestandards and procedures of this 14 subsection (a). Thereafter, additional 180-day periods of 15 involuntary treatment may be authorized pursuant to the 16 standards and procedures of this Section without limit. 17 If a new petition to authorize the administration of 18 authorized involuntary treatment is filed at least 15 19 days prior to the expiration of the prior order, and if 20 any continuance of the hearing is agreed to by the 21 recipient, the administration of the treatment may 22 continue in accordance with the prior order pending the 23 completion of a hearing under this Section. 24 (6) An order issued under this subsection (a) shall 25 designate the persons authorized to administer the 26 authorized involuntary treatment under the standards and 27 procedures of this subsection (a). Those persons shall 28 have complete discretion not to administer any treatment 29 authorized under this Section. The order shall also 30 specify the medications and the anticipated range of 31 dosages that have been authorized. 32 (b) A guardian may be authorized to consent to the 33 administration of authorized involuntary treatment to an 34 objecting recipient only under the standards and procedures SB1508 Engrossed -5- LRB9112739DJcd 1 of subsection (a). 2 (c) Notwithstanding any other provision of this Section, 3 a guardian may consent to the administration of authorized 4 involuntary treatment to a non-objecting recipient under 5 Article XIa of the Probate Act of 1975. 6 (d) Nothing in this Section shall prevent the 7 administration of authorized involuntary treatment to 8 recipients in an emergency under Section 2-107 of this Act. 9 (e) Notwithstanding any of the provisions of this 10 Section, authorized involuntary treatment may be administered 11 pursuant to a power of attorney for health care under the 12 Powers of Attorney for Health Care Law or a declaration for 13 mental health treatment under the Mental Health Treatment 14 Preference Declaration Act. 15 (Source: P.A. 89-11, eff. 3-31-95; 89-439, eff. 6-1-96; 16 90-538, eff. 12-1-97.) 17 (405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813) 18 Sec. 3-813. (a) An initial order for hospitalization 19 shall be for a period not to exceed 90180days. Prior to the 20 expiration of the initial order if the facility director 21 believes that the recipient continues to be subject to 22 involuntary admission, a new petition and 2 new certificates 23 may be filed with the court. If a petition is filed, the 24 facility director shall file with the court a current 25 treatment plan which includes an evaluation of the 26 recipient's progress and the extent to which he is benefiting 27 from treatment. If no petition is filed prior to the 28 expiration of the initial order, the recipient shall be 29 discharged. Following a hearing, the court may order a second 30 period of hospitalization not to exceed 90180days only if 31 it finds that the recipient continues to be subject to 32 involuntary admission. 33 (b) Additional 180 day periods of treatment may be SB1508 Engrossed -6- LRB9112739DJcd 1 sought pursuant to the procedures set out in this Section for 2 so long as the recipient continues to be subject to 3 involuntary admission. The provisions of this chapter which 4 apply whenever an initial order is sought shall apply 5 whenever an additional period of treatment is sought. 6 (Source: P.A. 88-380.)