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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Mental Health and Developmental | ||||||
5 | Disabilities Code is amended by changing Section 2-200 as | ||||||
6 | follows:
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7 | (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
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8 | Sec. 2-200. (a) Upon commencement of services, or as soon | ||||||
9 | thereafter as
the condition of the recipient permits, every | ||||||
10 | adult recipient, as well as the
recipient's guardian or | ||||||
11 | substitute decision maker, and every recipient who is
12
years | ||||||
12 | of age or older and the parent or guardian of a minor or person
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13 | under guardianship shall be informed orally and in writing of | ||||||
14 | the rights
guaranteed by this Chapter which are relevant to the | ||||||
15 | nature of the
recipient's services
program. Every facility | ||||||
16 | shall also post conspicuously in public areas
a summary of the | ||||||
17 | rights which are relevant to the services delivered by
that | ||||||
18 | facility as well as contact information for the Guardianship | ||||||
19 | and Advocacy Commission and the agency designated by the | ||||||
20 | Governor under Section 1 of the Protection and Advocacy for | ||||||
21 | Persons with Developmental
Disabilities Act .
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22 | (b) A recipient who is 12 years of age or older and the | ||||||
23 | parent or guardian
of a minor or person under guardianship at |
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1 | any time may designate, and upon
commencement of services shall | ||||||
2 | be informed of the right to designate, a
person or agency to | ||||||
3 | receive notice under Section 2-201 or to direct that
no | ||||||
4 | information about the recipient be disclosed to any person or | ||||||
5 | agency.
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6 | (c) Upon commencement of services, or as soon thereafter as | ||||||
7 | the
condition of the recipient permits, the facility shall ask | ||||||
8 | the adult
recipient or minor recipient admitted pursuant to | ||||||
9 | Section 3-502 whether the
recipient wants the facility to | ||||||
10 | contact the recipient's spouse, parents,
guardian, close | ||||||
11 | relatives, friends, attorney, advocate from the
Guardianship | ||||||
12 | and Advocacy Commission or the agency designated by the
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13 | Governor under Section 1 of the Protection and Advocacy for | ||||||
14 | Persons with Developmental
Disabilities Act "An Act in relation | ||||||
15 | to the protection and
advocacy of the rights of persons with | ||||||
16 | developmental disabilities, and
amending Acts therein named", | ||||||
17 | approved September 20, 1985 , or others and
inform them of the | ||||||
18 | recipient's presence at the facility. The facility
shall by | ||||||
19 | phone or by mail contact at least two of those people | ||||||
20 | designated
by the recipient and shall inform them of the | ||||||
21 | recipient's location. If the
recipient so requests, the | ||||||
22 | facility shall also inform them of how to
contact the | ||||||
23 | recipient.
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24 | (d) Upon commencement of services, or as soon thereafter as | ||||||
25 | the condition
of the recipient permits, the facility shall | ||||||
26 | advise the recipient as to the
circumstances under which the |
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1 | law permits the use of emergency forced
medication or | ||||||
2 | electroconvulsive therapy under subsection (a) of Section | ||||||
3 | 2-107, restraint under Section
2-108, or seclusion under | ||||||
4 | Section 2-109. At the same time, the facility shall
inquire of | ||||||
5 | the recipient which form of intervention the recipient would | ||||||
6 | prefer
if any of these circumstances should arise. The | ||||||
7 | recipient's preference shall
be noted in the recipient's record | ||||||
8 | and communicated by the facility to the
recipient's guardian or | ||||||
9 | substitute decision maker, if any, and any other
individual | ||||||
10 | designated by the recipient. If any such circumstances | ||||||
11 | subsequently
do arise, the facility shall give due | ||||||
12 | consideration to the preferences of the
recipient regarding | ||||||
13 | which form of intervention to use as communicated to the
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14 | facility by the recipient or as stated in the recipient's | ||||||
15 | advance directive.
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16 | (Source: P.A. 95-172, eff. 8-14-07.)
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