Public Act 100-0915
 
HB5558 EnrolledLRB100 19780 RLC 35055 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Mental Health and Developmental 
Disabilities Code is amended  by changing Section 2-200 as 
follows:
 



    (405 ILCS 5/2-200)  (from Ch. 91 1/2, par. 2-200)


    Sec. 2-200. (a) Upon commencement of services, or as soon 
thereafter as
the condition of the recipient permits, every 
adult recipient, as well as the
recipient's guardian or 
substitute decision maker, and every recipient who is
12
years 
of age or older and the parent or guardian of a minor or person

under guardianship shall be informed orally and in writing of 
the rights
guaranteed by this Chapter which are relevant to the 
nature of the
recipient's services
program. Every facility 
shall also post conspicuously in public areas
a summary of the 
rights which are relevant to the services delivered by
that 
facility as well as contact information for the Guardianship 
and Advocacy Commission and the agency designated by the 
Governor under Section 1 of the Protection and Advocacy for 
Persons with Developmental
Disabilities Act.

    (b) A recipient who is 12 years of age or older and the 
parent or guardian
of a minor or person under guardianship at 
any time may designate, and upon
commencement of services shall 
be informed of the right to designate, a
person or agency to 
receive notice under Section 2-201 or to direct that
no 
information about the recipient be disclosed to any person or 
agency.

    (c) Upon commencement of services, or as soon thereafter as 
the
condition of the recipient permits, the facility shall ask 
the adult
recipient or minor recipient admitted pursuant to 
Section 3-502 whether the
recipient wants the facility to 
contact the recipient's spouse, parents,
guardian, close 
relatives, friends, attorney, advocate from the
Guardianship 
and Advocacy Commission or the agency designated by the

Governor under Section 1 of the Protection and Advocacy for 
Persons with Developmental
Disabilities Act "An Act in relation 
to the protection and
advocacy of the rights of persons with 
developmental disabilities, and
amending Acts therein named", 
approved September 20, 1985, or others and
inform them of the 
recipient's presence at the facility.  The facility
shall by 
phone or by mail contact at least two of those people 
designated
by the recipient and shall inform them of the 
recipient's location.  If the
recipient so requests, the 
facility shall also inform them of how to
contact the 
recipient.

    (d) Upon commencement of services, or as soon thereafter as 
the condition
of the recipient permits, the facility shall 
advise the recipient as to the
circumstances under which the 
law permits the use of emergency forced
medication or 
electroconvulsive therapy under subsection (a) of Section 
2-107, restraint under Section
2-108, or seclusion under 
Section 2-109.  At the same time, the facility shall
inquire of 
the recipient which form of intervention the recipient would 
prefer
if any of these circumstances should arise.  The 
recipient's preference shall
be noted in the recipient's record 
and communicated by the facility to the
recipient's guardian or 
substitute decision maker, if any, and any other
individual 
designated by the recipient.  If any such circumstances 
subsequently
do arise, the facility shall give due 
consideration to the preferences of the
recipient regarding 
which form of intervention to use as communicated to the

facility by the recipient or as stated in the recipient's 
advance directive.

(Source: P.A. 95-172, eff. 8-14-07.)