SB0586 102ND GENERAL ASSEMBLY

LRB102 04032 RLC 14048 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0586

Introduced 2/24/2021, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

405 ILCS 5/1-114	from Ch. 91 1/2, par. 1-114
405 ILCS 5/2-200	from Ch. 91 1/2, par. 2-200

Amends the Mental Health and Developmental Disabilities Code. Provides that an otherwise qualifying facility shall not be considered to be a "mental health facility" for purposes relating to a person whose admission is solely for the purpose of receiving treatment for a condition other than a mental illness; provided any mental health treatment that is provided is limited to mental health treatment: (i) voluntarily agreed to by the person prior to the current facility admission; (ii) that is the receipt of medications ordered to treat or prevent complications or side effects of medical treatment, including the administration of anti-anxiety medications to surgical patients and patients on mechanical ventilation; or (iii) that is solely an evaluation of the psychological condition of the recipient. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 1-114 and 2-200 as follows:

(405 ILCS 5/1-114) (from Ch. 91 1/2, par. 1-114)

Sec. 1-114. "Mental health facility" means any licensed private hospital, institution, or facility or section thereof, and any facility, or section thereof, operated by the State or a political subdivision thereof for the treatment of persons with mental illness and includes all hospitals, institutions, clinics, evaluation facilities, and mental health centers which provide treatment for such persons. However, a facility shall not constitute a mental health facility for a person whose admission is solely for the purpose of receiving treatment for a condition other than a mental illness; provided any mental health treatment that is provided is limited to mental health treatment:

(i) voluntarily agreed to by the person prior to the current facility admission;

(ii) that is the receipt of medications ordered to treat or prevent complications or side effects of medical treatment, including the administration of anti-anxiety medications to surgical patients and patients on mechanical ventilation; or

(iii) that is solely an evaluation of the psychological condition of the recipient.

(Source: P.A. 88-380.)

(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. The requirement that the information be posted does not apply to a facility, or section of a facility, in which the majority of the persons are not receiving mental health services.

(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, 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. 100-915, eff. 1-1-19.)

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