Disability Services Committee
Filed: 5/6/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 209




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    AMENDMENT NO. ______. Amend Senate Bill 209 by replacing 
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lines 4 through 23 on page 1 and lines 1 through 12 on page 2 
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with the following:

 
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    "Section 5. The Mental Health and Developmental 
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Disabilities Code is amended  by changing Section 3-400 as 
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follows:
 



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    (405 ILCS 5/3-400)  (from Ch. 91 1/2, par. 3-400)



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    Sec. 3-400. Voluntary admission to mental health facility. 
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    (a) Any person 16 or older, including a person adjudicated 
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a disabled person, may be admitted to a mental health
facility 
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as a voluntary recipient for treatment of a mental illness upon 
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the
filing of an application with the facility director of the 
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facility if the
facility director determines and documents in 
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the recipient's medical record that the person (1) is 
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clinically suitable for admission as a voluntary recipient and 
 


 






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(2) has the capacity to consent to voluntary admission.
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    (b) For purposes of consenting to voluntary admission, a 
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person has the capacity to consent to voluntary admission if, 
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in the professional judgment of the facility director or his or 
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her designee, the person is able to understand that:
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        (1) He or she is being admitted to a mental health 
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    facility.
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        (2) He or she may request discharge at any time. The 
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    request must be in writing, and discharge is not automatic.
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        (3) Within 5 business days after receipt of the written 
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    request for discharge, the facility must either discharge 
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    the person or initiate commitment proceedings. deems such 
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    person clinically suitable for admission as
a voluntary 
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    recipient.

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