Sen. Julie A. Morrison

Filed: 4/9/2021





10200SB0586sam001LRB102 04032 RLC 24959 a


2    AMENDMENT NO. ______. Amend Senate Bill 586 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 1-114 as
7    (405 ILCS 5/1-114)  (from Ch. 91 1/2, par. 1-114)
8    Sec. 1-114. "Mental health facility" means any licensed
9private hospital, institution, or facility or section thereof,
10and any facility, or section thereof, operated by the State or
11a political subdivision thereof for the treatment of persons
12with mental illness and includes all hospitals, institutions,
13clinics, evaluation facilities, and mental health centers
14which provide treatment for such persons. However, a facility
15shall not constitute a mental health facility for a person
16whose admission to the facility is for the sole purpose of



10200SB0586sam001- 2 -LRB102 04032 RLC 24959 a

1receiving medical care that is unrelated to a mental illness,
2and when that person consents in writing to continue existing
3mental health treatment, if any, during the same admission if:
4(i) the mental health treatment remains incidental to the
5purpose of the medical admission and (ii) such treatment
6remains voluntary and does not deviate from the
7already-existing prescribed treatment. A person's written
8consent to newly prescribed anxiolytic medications in
9connection with surgery or for the treatment of side effects
10of medical care that is unrelated to mental health treatment
11does not constitute admission to a mental health facility.
12Additionally, a facility shall not constitute a mental health
13facility for a person whose admission to the facility is for
14the sole purpose of receiving medical care that is unrelated
15to mental illness and where that treatment is solely an
16evaluation of the psychological condition of the person;
17provided, that the non-psychiatric medical condition for which
18the person has been admitted continues to require inpatient
19care. Once the non-psychiatric medical condition or conditions
20no longer require inpatient care, the person must be
21discharged from the facility promptly unless the person has
22been admitted pursuant to Chapter III of this Code.
23(Source: P.A. 88-380.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".