Full Text of HB1713 100th General Assembly
HB1713 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB1713 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: |
| 405 ILCS 5/2-107 | from Ch. 91 1/2, par. 2-107 |
| Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning refusal of services and informing of risks.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Section 2-107 as | 6 | | follows:
| 7 | | (405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
| 8 | | Sec. 2-107. Refusal of services; informing of risks.
| 9 | | (a) An adult recipient of services or the the recipient's | 10 | | guardian,
if the recipient is under guardianship, and the | 11 | | recipient's substitute
decision maker, if any, must be informed | 12 | | of the recipient's right to
refuse medication or | 13 | | electroconvulsive therapy. The recipient and the recipient's | 14 | | guardian or substitute
decision maker shall be given the | 15 | | opportunity to
refuse generally accepted mental health or | 16 | | developmental disability services,
including but not limited | 17 | | to medication or electroconvulsive therapy. If such services | 18 | | are refused, they
shall not be given unless such services are | 19 | | necessary to prevent the recipient
from causing serious and | 20 | | imminent physical harm to the recipient or others and
no less | 21 | | restrictive alternative is available.
The facility director | 22 | | shall inform a recipient, guardian, or
substitute decision | 23 | | maker, if any, who refuses such
services of alternate services |
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| 1 | | available and the risks of such alternate
services, as well as | 2 | | the possible consequences to the recipient of refusal of
such | 3 | | services.
| 4 | | (b) Psychotropic medication or electroconvulsive therapy | 5 | | may be administered
under this Section for
up to 24 hours only | 6 | | if the circumstances leading up to the need for emergency
| 7 | | treatment are set forth in writing in the recipient's record.
| 8 | | (c) Administration of medication or electroconvulsive | 9 | | therapy may not be continued unless the need
for such treatment | 10 | | is redetermined at least every 24 hours based upon a
personal | 11 | | examination of the recipient by a physician or a nurse under | 12 | | the
supervision of a physician and the circumstances | 13 | | demonstrating that need are
set forth in writing in the | 14 | | recipient's record.
| 15 | | (d) Neither psychotropic medication nor electroconvulsive | 16 | | therapy may be administered under this
Section for a period in | 17 | | excess of 72 hours, excluding Saturdays, Sundays, and
holidays, | 18 | | unless a petition is filed under Section 2-107.1 and the | 19 | | treatment
continues to be necessary under subsection (a) of | 20 | | this Section. Once the
petition has been filed, treatment may | 21 | | continue in compliance with subsections
(a), (b), and (c) of | 22 | | this Section until the final outcome of the hearing on the
| 23 | | petition.
| 24 | | (e) The Department shall issue rules designed to insure | 25 | | that in
State-operated mental health facilities psychotropic | 26 | | medication and electroconvulsive therapy are
administered in |
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| 1 | | accordance with this Section and only when appropriately
| 2 | | authorized and monitored by a physician or a nurse under the | 3 | | supervision
of a physician
in accordance with accepted medical | 4 | | practice. The facility director of each
mental health facility | 5 | | not operated by the State shall issue rules designed to
insure | 6 | | that in that facility psychotropic medication and | 7 | | electroconvulsive therapy are administered
in
accordance with | 8 | | this Section and only when appropriately authorized and
| 9 | | monitored by a physician or a nurse under the supervision of a
| 10 | | physician in accordance with accepted medical practice. Such | 11 | | rules shall be
available for public inspection and copying | 12 | | during normal business hours.
| 13 | | (f) The provisions of this Section with respect to the | 14 | | emergency
administration of psychotropic medication and | 15 | | electroconvulsive therapy do not apply to facilities
licensed | 16 | | under the Nursing Home Care Act, the Specialized Mental Health | 17 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 18 | | the MC/DD Act.
| 19 | | (g) Under no circumstances may long-acting psychotropic | 20 | | medications be
administered under this Section.
| 21 | | (h) Whenever psychotropic medication or electroconvulsive | 22 | | therapy is refused pursuant to subsection (a) of this Section | 23 | | at least once that day, the physician shall determine and state | 24 | | in writing the reasons why the recipient did not meet the | 25 | | criteria for administration of medication or electroconvulsive | 26 | | therapy under subsection (a) and whether the recipient meets |
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| 1 | | the standard for administration of psychotropic medication or | 2 | | electroconvulsive therapy under Section 2-107.1 of this Code. | 3 | | If the physician determines that the recipient meets the | 4 | | standard for administration of psychotropic medication or | 5 | | electroconvulsive therapy
under Section 2-107.1, the facility | 6 | | director or his or her designee shall petition the court for | 7 | | administration of psychotropic medication or electroconvulsive | 8 | | therapy pursuant to that Section unless the facility director | 9 | | or his or her designee states in writing in the recipient's | 10 | | record why the filing of such a petition is not warranted. This | 11 | | subsection (h) applies only to State-operated mental health | 12 | | facilities. | 13 | | (i) The Department shall conduct annual trainings for all | 14 | | physicians and registered nurses working in State-operated | 15 | | mental health facilities on the appropriate use of emergency | 16 | | administration of psychotropic medication and | 17 | | electroconvulsive therapy, standards for their use, and the | 18 | | methods of authorization under this Section.
| 19 | | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
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