Public Act 097-0130
 
HB2936 EnrolledLRB097 02907 KTG 43126 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 Sections 3-811 and 
3-909 as follows:
 
    (405 ILCS 5/3-811)  (from Ch. 91 1/2, par. 3-811)
    Sec. 3-811. Involuntary admission; alternative mental 
health facilities. 
    (a) If any person is found subject to involuntary admission 
on an inpatient basis, the court shall
consider alternative 
mental health facilities which are appropriate for and

available to the respondent, including but not limited to 
hospitalization.  The
court may order the respondent to undergo 
a program of hospitalization in a
mental health facility 
designated by the Department, in a licensed private hospital or 
private
mental health facility if it agrees, or in a facility 
of the United
States
Veterans Administration if it agrees. If 
any person is found subject to involuntary admission on an 
outpatient basis, the court may order the respondent
to undergo 
a program of alternative treatment; or the court may place the

respondent
in the care and custody of a relative or other 
person willing and able to
properly care for him or her.  The 
court shall order the least
restrictive alternative for 
treatment which is appropriate.
    (b) Whenever a person is found subject to involuntary 
admission on an inpatient or outpatient basis, notice shall be 
provided to the petitioner, orally and in writing, of his or 
her right to receive notice of the recipient's discharge 
pursuant to Section 3-902(d). 
    (c) An order that a person is found subject to involuntary 
admission on an inpatient basis does not eliminate any 
obligations under the federal Emergency Medical Transport and 
Active Labor Act (EMTALA) of the transferring facility toward 
the receiving facility. Before implementing an order, the 
transferring facility shall notify the receiving facility of 
the recipient and obtain medical clearance for the recipient. 
(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 
96-1453, eff. 8-20-10.)
 



    (405 ILCS 5/3-909)  (from Ch. 91 1/2, par. 3-909)



    Sec. 3-909. Alternative treatment. Any recipient 
hospitalized or admitted
to alternative treatment or care and 
custody under Article VIII of this Chapter
may at any time 
petition the court for transfer to a different facility or

program of alternative treatment, to care and custody, or to 
the care and
custody of a different person.  His attorney, 
guardian, custodian, or
responsible relative may file such a 
petition on his behalf.  If the recipient
is in a private 
facility, the facility may also petition for transfer.

Recipients in private facilities or United States Veterans 
Administration
facilities may petition for transfer to a mental 
health facility designated
by the Department.
Recipients may 
petition for transfer to a program of alternative treatment, or

to care and custody.  Recipients in private facilities may also 
petition for
transfer to United States Veterans Administration 
facilities.  Recipients in
United States Veterans 
Administration facilities may also petition for transfer
to 
private facilities.  Recipients in Department facilities may 
petition for
transfer to a private mental health facility, a 
United States Veterans
Administration facility, a program of 
alternative treatment, or to care and
custody.  Admission to a 
United States Veterans Administration facility
shall be 
governed by Article X of this Chapter 3.  No transfers between

Department facilities or between units of the same facility may 
be ordered
under this Section.  An order for hospitalization 
shall not be entered
under this Section if the original order 
did not authorize hospitalization
unless a hearing is held 
pursuant to Article VIII of this Chapter. An order of transfer 
entered under this Section does not eliminate any obligations 
under the federal Emergency Medical Transport and Active Labor 
Act (EMTALA) of the transferring facility toward the receiving 
facility.  Before implementing an order of transfer, the 
transferring facility shall notify the receiving facility of 
the recipient and obtain medical clearance for the recipient. 

(Source: P.A. 91-726, eff. 6-2-00.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.