Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

405 ILCS 5/2-107

(405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)

Sec. 2-107. Refusal of services; informing of risks.

(a) An adult recipient of services or the recipient's guardian,
if the recipient is under guardianship, and the recipient's substitute
decision maker, if any, must be informed of the recipient's right to
refuse medication or electroconvulsive therapy.  The recipient and the recipient's guardian or substitute
decision maker shall be given the opportunity to
refuse generally accepted mental health or developmental disability services,
including but not limited to medication or electroconvulsive therapy.  If such services are refused, they
shall not be given unless such services are necessary to prevent the recipient
from causing serious and imminent physical harm to the recipient or others and
no less restrictive alternative is available.
The facility director shall inform a recipient, guardian, or
substitute decision maker, if any, who refuses such
services of alternate services available and the risks of such alternate
services, as well as the possible consequences to the recipient of refusal of
such services.

(b) Psychotropic medication or electroconvulsive therapy may be administered

under this Section for
up to 24 hours only if the circumstances leading up to the need for emergency
treatment are set forth in writing in the recipient's record.

(c) Administration of medication or electroconvulsive therapy may not be continued unless the need
for such treatment is redetermined at least every 24 hours based upon a
personal examination of the recipient by a physician or a nurse under the
supervision of a physician and the circumstances demonstrating that need are
set forth in writing in the recipient's record.

(d) Neither psychotropic medication nor electroconvulsive therapy may be administered under this
Section for a period in excess of 72 hours, excluding Saturdays, Sundays, and
holidays, unless a petition is filed  under Section 2-107.1 and the treatment
continues to be necessary under subsection (a) of this Section. Once the
petition has been filed, treatment may continue in compliance with subsections
(a), (b), and (c) of this Section until the final outcome of the hearing on the
petition.

(e) The Department shall issue rules designed to insure that in
State-operated mental health facilities psychotropic medication and electroconvulsive therapy are

administered in accordance with this Section and only when appropriately
authorized and monitored by a physician or a nurse under the supervision
of a physician
in accordance with accepted medical practice.  The facility director of each
mental health facility not operated by the State shall issue rules designed to
insure that in that facility psychotropic medication and electroconvulsive therapy are administered
in
accordance with this Section and only when appropriately authorized and
monitored by a physician or a nurse under the supervision of a
physician in accordance with accepted medical practice.  Such rules shall be
available for public inspection and copying during normal business hours.

(f) The provisions of this Section with respect to the emergency
administration of psychotropic medication and electroconvulsive therapy do not apply to facilities
licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.

(g) Under no circumstances may long-acting psychotropic medications be
administered under this Section.

(h) Whenever psychotropic medication or electroconvulsive therapy is refused pursuant to subsection (a) of this Section at least once that day, the physician shall determine and state in writing the reasons why the recipient did not meet the criteria for administration of medication or electroconvulsive therapy under subsection (a) and whether the recipient meets the  standard for administration of psychotropic  medication or electroconvulsive therapy under Section 2-107.1 of this Code. If the physician determines that the recipient meets the standard for administration of psychotropic medication or electroconvulsive therapy

under Section 2-107.1, the facility director or his or her designee shall petition the court for administration of psychotropic medication or electroconvulsive therapy pursuant to that Section unless the facility director or his or her designee states in writing in the recipient's record why the filing of such a petition is not warranted. This subsection (h) applies only to State-operated mental health facilities.

(i) The Department shall conduct annual trainings for all physicians and registered nurses working in State-operated mental health facilities on the appropriate use of emergency administration of psychotropic medication and electroconvulsive therapy, standards for their use, and the methods of authorization under this Section.

(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)