Illinois Compiled Statutes
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MENTAL HEALTH405 ILCS 45/0.01
(405 ILCS 45/) Protection and Advocacy for Mentally Ill Persons Act.
(405 ILCS 45/0.01)
(from Ch. 91 1/2, par. 1350)
This Act may be cited as the
Protection and Advocacy for Mentally Ill Persons Act.
(Source: P.A. 86-1324.)
405 ILCS 45/1
(405 ILCS 45/1)
(from Ch. 91 1/2, par. 1351)
The Governor shall designate an agency to administer the
protection and advocacy system for mentally ill persons, pursuant to the
federal Protection and Advocacy of Mentally Ill Individuals Act of 1986. The
agency shall be independent of any agency which provides disability-related
services (other than advocacy services), including treatment,
rehabilitation, guardianship or habilitation. The agency may receive and
expend funds to protect and advocate the rights of mentally ill persons.
(Source: P.A. 85-623.)
405 ILCS 45/2
(405 ILCS 45/2)
(from Ch. 91 1/2, par. 1352)
For the purposes of this Act, the following terms
shall have the following meanings unless the context clearly requires otherwise:
(1) "Mentally ill person" means an individual who has a significant mental
illness or emotional impairment as determined by a mental health professional
qualified under the laws and regulations of this State and who is receiving
care or treatment.
(2) "Abuse" means any act or failure to act by an employee of a facility
rendering care or treatment, which act or failure was performed knowingly,
recklessly or with intentional disregard for the rights of a mentally ill
person, and which caused, or may have caused, injury to a mentally ill person,
and includes but is not limited to acts such as: (1) the rape or sexual
assault of a mentally
ill person; (2) the striking of a mentally ill person; (3) the use of
excessive force when placing a mentally ill person in bodily restraints;
and (4) the use of bodily or chemical restraints on a mentally ill person
which is not in compliance with federal and State laws and regulations.
(3) "Neglect" means a negligent act or omission by any individual responsible
for providing services in a facility rendering care or treatment, which
caused or may have caused injury to a mentally ill person or which placed
a mentally ill person at risk of injury and includes an act or omission
such as failure to establish or carry out an appropriate individual program
plan or treatment plan for a mentally ill person; the failure to provide
adequate nutrition, clothing or health care to a mentally ill person; or
the failure to provide a safe environment for a mentally ill person.
(4) "Authorized agency" or "agency" means the agency designated by the Governor
pursuant to Section 1 of this Act.
(Source: P.A. 85-623.)
405 ILCS 45/3
(405 ILCS 45/3)
(from Ch. 91 1/2, par. 1353)
Powers and Duties.
(A) In order to properly exercise its powers
and duties, the agency shall have the authority to:
(1) Investigate incidents of abuse and neglect of
mentally ill persons if the incidents are reported to the agency or if there is probable cause to believe that the incidents occurred. In case of conflict with provisions of the Abused and Neglected Child Reporting Act or the Nursing Home Care Act, the provisions of those Acts shall apply.
(2) Pursue administrative, legal and other
appropriate remedies to ensure the protection of the rights of mentally ill persons who are receiving care and treatment in this State.
(3) Pursue administrative, legal and other remedies
on behalf of an individual who:
(a) was a mentally ill individual; and
(b) is a resident of this State, but only with
respect to matters which occur within 90 days after the date of the discharge of such individual from a facility providing care and treatment.
(4) Establish a board which shall:
(a) advise the protection and advocacy system on
policies and priorities to be carried out in protecting and advocating the rights of mentally ill individuals; and
(b) include attorneys, mental health
professionals, individuals from the public who are knowledgeable about mental illness, a provider of mental health services, individuals who have received or are receiving mental health services and family members of such individuals. At least one-half the members of the board shall be individuals who have received or are receiving mental health services or who are family members of such individuals.
(5) On January 1, 1988, and on January 1 of each
succeeding year, prepare and transmit to the Secretary of the United States Department of Health and Human Services and to the Illinois Secretary of Human Services a report describing the activities, accomplishments and expenditures of the protection and advocacy system during the most recently completed fiscal year.
(B) The agency shall have access to all mental health facilities as
defined in Sections 1-107 and 1-114 of the Mental Health and Developmental
Disabilities Code, all facilities as defined in Section 1-113 of the
Nursing Home Care Act, all facilities as defined in Section 1-113 of the Specialized Mental Health Rehabilitation Act, all facilities as defined in Section 1-113 of the
ID/DD Community Care Act, all facilities as defined in Section 2.06 of the Child
Care Act of 1969, as now or hereafter amended, and all other facilities
providing care or treatment to mentally ill persons. Such access shall be
granted for the purposes of meeting with residents and staff, informing
them of services available from the agency, distributing written
information about the agency and the rights of persons who are mentally
ill, conducting scheduled and unscheduled visits, and performing other
activities designed to protect the rights of mentally ill persons.
(C) The agency shall have access to all records of mentally ill
persons who are receiving care or treatment from a facility, subject to the
limitations of this Act, the Mental Health and Developmental Disabilities
Confidentiality Act, the Nursing Home Care Act and the Child Care Act of
1969, as now or hereafter amended. If the mentally ill person has a legal
guardian other than the State or a designee of the State, the facility
director shall disclose the guardian's name, address and telephone number
to the agency upon its request. In cases of conflict with provisions of
the Abused and Neglected Child Reporting Act and the Nursing Home Care Act,
the provisions of the Abused and Neglected Child Reporting Act and the
Nursing Home Care Act shall apply. The agency shall also have access, for
the purpose of inspection and copying, to the records of a mentally ill
person (i) who by reason of his or her mental or physical condition is
unable to authorize the agency to have such access; (ii) who does not have
a legal guardian or for whom the State or a designee of the State is the
legal guardian; and (iii) with respect to whom a complaint has been
received by the agency or with respect to whom there is probable cause to
believe that such person has been subjected to abuse or neglect.
The agency shall provide written notice
to the mentally ill person and the State guardian of the nature of the
complaint based upon which the agency has gained access to
the records. No record or the contents of the record shall be redisclosed
by the agency unless the person who is mentally ill and the State guardian
are provided 7 days advance written notice, except in emergency situations,
of the agency's intent to redisclose such record. Within such 7-day
period, the mentally ill person or the State guardian may seek an
injunction prohibiting the agency's redisclosure of such record on the
grounds that such redisclosure is contrary to the interests of the mentally
Upon request, the authorized agency shall be entitled to inspect and copy
any clinical or trust fund records of mentally ill persons which may further
the agency's investigation
of alleged problems affecting numbers of mentally ill persons. When
required by law, any personally identifiable information of mentally ill
persons shall be removed from the records. However, the agency may not
inspect or copy any records or other materials when the removal of
personally identifiable information imposes an unreasonable burden on any
facility as defined by the Mental Health and Developmental Disabilities
Code, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the Child Care Act of 1969, or any other
facility providing care or treatment to mentally ill persons.
(D) Prior to instituting any legal action in a federal or State
court on behalf of a mentally ill individual, an eligible protection and
advocacy system, or a State agency or nonprofit
organization which entered into a contract with such an eligible system under
Section 104(a) of the federal Protection and Advocacy for Mentally Ill
Individuals Act of 1986, shall exhaust in a timely manner all
administrative remedies where appropriate. If, in pursuing administrative
remedies, the system, State agency or organization determines that any
matter with respect to such individual will not be resolved within a
reasonable time, the system, State agency or organization may pursue
alternative remedies, including the initiation of appropriate legal action.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
405 ILCS 45/4
(405 ILCS 45/4)
(from Ch. 91 1/2, par. 1354)
Any person who in good faith complains to the agency
on behalf of a mentally ill person or a person with any other disability,
or who provides information or participates in the investigation of any
such complaint, shall have immunity from any liability, civil, criminal
or otherwise, and shall not be subject to any penalties, sanctions, restrictions
or retaliation as a consequence of making such complaint, providing such
information or participating in such investigation.
(Source: P.A. 85-623.)