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Disability Services Committee
Filed: 3/12/2008
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09500HB5574ham001 |
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LRB095 16884 AJO 46807 a |
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| AMENDMENT TO HOUSE BILL 5574
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| AMENDMENT NO. ______. Amend House Bill 5574, on page 1, by |
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| inserting after line 3 the following:
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| "Section 3. The Mental Health and Developmental |
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| Disabilities Code is amended by changing Sections 1-104.5 and |
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| 3-703 as follows: |
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| (405 ILCS 5/1-104.5) |
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| (This Section may contain text from a Public Act with a |
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| delayed effective date )
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| Sec. 1-104.5. "Dangerous conduct" means threatening |
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| behavior or conduct that places the person or another |
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| individual in reasonable expectation of being harmed, or a |
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| person's inability to provide, without the assistance of family |
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| or outside help, for his or her basic physical needs so as to |
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| guard himself or herself from serious harm.
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| (Source: P.A. 95-602, eff. 6-1-08.)
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LRB095 16884 AJO 46807 a |
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| (405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)
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| Sec. 3-703. If no certificate was filed, the respondent |
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| shall be examined
separately by a physician, or clinical |
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| psychologist, or qualified examiner
and by a psychiatrist. If a |
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| certificate executed by a psychiatrist was
filed, the |
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| respondent shall be examined by a physician, clinical |
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| psychologist,
qualified examiner, or psychiatrist. If a |
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| certificate executed by a qualified
examiner, clinical |
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| psychologist, or a physician who is not a psychiatrist
was |
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| filed, the respondent shall be examined by a psychiatrist. The
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| examining physician, clinical psychologist, qualified examiner |
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| or
psychiatrist may interview by telephone or in person any |
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| witnesses or other
persons listed in the petition for |
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| involuntary admission. If, as a
result of an examination, a |
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| certificate is executed, the certificate shall
be promptly |
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| filed with the court. If a certificate is executed, the
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| examining physician, clinical psychologist, qualified examiner |
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| or
psychiatrist may also submit for filing with the court a |
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| report in which
his findings are described in detail, and may |
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| rely upon such findings for
his opinion that the respondent is |
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| subject to involuntary admission.
Copies of the certificates |
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| shall be made available to the attorneys for the
parties upon |
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| request prior to the hearing. A certificate prepared in |
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| compliance with this Article need not state that the respondent |
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| is in need of immediate hospitalization. However, if either or |
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09500HB5574ham001 |
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LRB095 16884 AJO 46807 a |
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| both of the certificates fail to state that the respondent is |
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| in need of immediate hospitalization, the respondent shall |
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| remain in his or her place of residence pending a hearing on |
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| the petition.
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| (Source: P.A. 85-558.)"; and
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| on page 1, by replacing line 6 with the following: |
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| "Sections 4 and 9.2 as follows:
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| (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
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| Sec. 4. (a) The following persons shall be entitled, upon |
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| request,
to inspect and copy a recipient's record or any part |
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| thereof:
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| (1) the parent or guardian of a recipient who is under |
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| 12 years of age;
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| (2) the recipient if he is 12 years of age or older;
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| (3) the parent or guardian of a recipient who is at |
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| least 12 but under
18 years, if the recipient is informed |
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| and does not object or if the therapist
does not find that |
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| there are compelling reasons for denying the access.
The |
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| parent or guardian who is denied access by either the |
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| recipient or the
therapist may petition a court for access |
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| to the record. Nothing in this
paragraph is intended to |
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| prohibit the parent or guardian of a recipient who is
at |
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| least 12 but under 18 years from requesting and receiving |
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LRB095 16884 AJO 46807 a |
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| the following
information: current physical and mental |
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| condition, diagnosis, treatment needs,
services provided, |
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| and services needed, including medication, if any;
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| (4) the guardian of a recipient who is 18 years or |
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| older;
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| (5) an attorney or guardian ad litem who represents a |
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| minor 12
years of age or older in any judicial or |
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| administrative proceeding,
provided that the court or |
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| administrative hearing officer has entered an
order |
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| granting the attorney this right; or
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| (6) an agent appointed under a recipient's power of |
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| attorney for health
care or for property, when the power of |
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| attorney authorizes the access ; or .
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| (7) an attorney-in-fact appointed under the Mental |
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| Health Treatment Preference Declaration Act. |
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| (b) Assistance in interpreting the record may be provided |
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| without charge
and shall be provided if the person inspecting |
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| the record is under 18 years
of age. However, access may in no |
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| way be denied or limited if the person
inspecting the record |
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| refuses the assistance. A reasonable fee may be
charged for |
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| duplication of a record. However, when requested to do so in
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| writing by any indigent recipient, the custodian of the records |
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| shall
provide at no charge to the recipient, or to the |
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| Guardianship and Advocacy
Commission, the agency designated by |
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| the Governor under Section 1 of the
Protection and Advocacy for |
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| Developmentally Disabled Persons Act or to any
other |
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LRB095 16884 AJO 46807 a |
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| not-for-profit agency whose primary purpose is to provide free |
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| legal
services or advocacy for the indigent and who has |
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| received written
authorization from the recipient under |
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| Section 5 of this Act to receive his
records, one copy of any |
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| records in its possession whose disclosure is
authorized under |
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| this Act.
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| (c) Any person entitled to access to a record under this |
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| Section may submit
a written statement concerning any disputed |
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| or new information, which statement
shall be entered into the |
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| record. Whenever any disputed part of a record
is disclosed, |
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| any submitted statement relating thereto shall accompany the
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| disclosed part. Additionally, any person entitled to access may |
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| request
modification of any part of the record which he |
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| believes is incorrect or
misleading. If the request is refused, |
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| the person may seek a court order
to compel modification.
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| (d) Whenever access or modification is requested, the |
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| request and any
action taken thereon shall be noted in the |
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| recipient's record.
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| (Source: P.A. 88-484; 89-439, eff. 6-1-96 .)".
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