Developmental Disabilities and Mental Illness Committee
Filed: 3/10/2005
 
 

 




 

 		












09400HB1197ham001

LRB094 06321 MKM 42964 a






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AMENDMENT TO HOUSE BILL 1197 




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    AMENDMENT NO. ______. Amend House Bill 1197  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Mental Health and Developmental 
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Disabilities Administrative Act is amended  by adding Section 
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15f as follows:
 
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    (20 ILCS 1705/15f new)

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    Sec. 15f. Individualized behavioral support plan.

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    (a) As used in this Section:
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    "Behavioral challenges" means episodes of significant 
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property destruction, self-injurious behavior, assaultive 
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behavior, or any other behavior that prevents a person from 
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successful participation in a community-based residential 
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program.

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    (b)  Each individual in a community-based residential 
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program for persons with developmental disabilities who 
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exhibits behavioral challenges shall have an individualized 
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behavioral support plan. Each individualized support plan 
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shall: (i) be designed to meet individual needs; (ii) be 
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non-aversive; (iii) teach the individual new skills; (iv) 
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provide alternatives to behavioral challenges; (v) offer 
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opportunities for choice and social integration; and (vi) allow 
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for environmental modifications. The plan must be based on a 
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functional behavioral analysis conducted by a professional 
 


 






09400HB1197ham001
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LRB094 06321 MKM 42964 a




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trained in professional best practices in behavioral analysis. 
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The plan shall be implemented by staff who have been trained in 
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and are qualified to effectively apply positive non-aversive 
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intervention. All behavioral supports required by the plan 
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shall be applied in a humane and caring manner that respects 
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the dignity of the individual and shall be implemented in a 
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positive and socially-supportive environment, including the 
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home. The following techniques are prohibited:
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        (1) aversive behavioral support, such as painful or 
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    intrusive stimuli or activities applied in response to 
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    behavior and that result in physical or psychological pain, 
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    including, but not limited to, electric shock, ammonia 
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    spray, water spray to the face, pinching, and deep muscle 
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    squeezes;
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        (2) intervention that causes psychological pain, such 
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    as verbal abuse and threatening conduct; and
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        (3) deprivation techniques, including, but not limited 
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    to, (i) withholding, withdrawing, or delaying any of the 
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    following: visitation or communication with friends or 
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    family; sleep; shelter; bedding; bathroom facilities; 
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    medication; or food or drink; or (ii) subjecting the 
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    individual to prolonged periods of isolation and 
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    seclusion.
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    (c) To the extent this Section conflicts with Article I of 
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Chapter II of the  Mental Health and Developmental Disabilities 
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Code, that Article  controls.


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