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Sen. Julie A. Morrison
Filed: 4/9/2021
| | 10200SB0586sam001 | | LRB102 04032 RLC 24959 a |
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| 1 | | AMENDMENT TO SENATE BILL 586
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 586 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Mental Health and Developmental |
| 5 | | Disabilities Code is amended by changing Section 1-114 as |
| 6 | | follows:
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| 7 | | (405 ILCS 5/1-114) (from Ch. 91 1/2, par. 1-114)
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| 8 | | Sec. 1-114.
"Mental health facility" means any licensed |
| 9 | | private hospital,
institution, or facility or section thereof, |
| 10 | | and any facility, or section
thereof, operated by the State or |
| 11 | | a political subdivision thereof for the
treatment of persons |
| 12 | | with mental illness and includes all hospitals,
institutions, |
| 13 | | clinics, evaluation facilities, and mental health centers |
| 14 | | which
provide treatment for such persons. However, a facility |
| 15 | | shall not constitute a mental health facility for a person |
| 16 | | whose admission to the facility is for the sole purpose of |
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| | 10200SB0586sam001 | - 2 - | LRB102 04032 RLC 24959 a |
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| 1 | | receiving medical care that is unrelated to a mental illness, |
| 2 | | and when that person consents in writing to continue existing |
| 3 | | mental health treatment, if any, during the same admission if: |
| 4 | | (i) the mental health treatment remains incidental to the |
| 5 | | purpose of the medical admission and (ii) such treatment |
| 6 | | remains voluntary and does not deviate from the |
| 7 | | already-existing prescribed treatment. A person's written |
| 8 | | consent to newly prescribed anxiolytic medications in |
| 9 | | connection with surgery or for the treatment of side effects |
| 10 | | of medical care that is unrelated to mental health treatment |
| 11 | | does not constitute admission to a mental health facility. |
| 12 | | Additionally, a facility shall not constitute a mental health |
| 13 | | facility for a person whose admission to the facility is for |
| 14 | | the sole purpose of receiving medical care that is unrelated |
| 15 | | to mental illness and where that treatment is solely an |
| 16 | | evaluation of the psychological condition of the person; |
| 17 | | provided, that the non-psychiatric medical condition for which |
| 18 | | the person has been admitted continues to require inpatient |
| 19 | | care. Once the non-psychiatric medical condition or conditions |
| 20 | | no longer require inpatient care, the person must be |
| 21 | | discharged from the facility promptly unless the person has |
| 22 | | been admitted pursuant to Chapter III of this Code.
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| 23 | | (Source: P.A. 88-380.)
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| 24 | | Section 99. Effective date. This Act takes effect upon |
| 25 | | becoming law.".
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