Developmental Disabilities and Mental Illness Committee

Filed: 3/16/2006

 

 


 

 


 
09400SB2254ham001 LRB094 17063 BDD 56963 a

1
AMENDMENT TO SENATE BILL 2254

2     AMENDMENT NO. ______. Amend Senate Bill 2254 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by adding Section
6 15f as follows:
 
7     (20 ILCS 1705/15f new)
8     Sec. 15f. Individualized behavioral support plan.
9     (a) As used in this Section:
10     "Behavioral challenges" means episodes of significant
11 property destruction, self-injurious behavior, assaultive
12 behavior, or any other behavior that prevents a person from
13 successful participation in a Home and Community Based Services
14 Program for Persons with Developmental Disabilities, as
15 determined by the community support team.
16     "Home and Community Based Services Program for Persons with
17 Developmental Disabilities" means a program that is funded
18 through a waiver authorized under Section 1915(c) of the
19 federal Social Security Act and that is administered by the
20 Department of Human Services' Division of Developmental
21 Disabilities. Services under the Program include Community
22 Integrated Living Arrangements, Community Living Facilities of
23 16 or fewer individuals, home-based support services, day
24 programs, and therapies. The term also includes newly developed

 

 

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1 programs and settings that are funded through the Home and
2 Community Based Services Program for Persons with
3 Developmental Disabilities.
4     (b) Each individual participating in a Home and Community
5 Based Services Program for Persons with Developmental
6 Disabilities, regardless of whether the individual is eligible
7 for federal financial participation for these services, who
8 exhibits behavioral challenges shall have an individualized
9 behavioral support plan. Each individualized support plan
10 shall: (i) be designed to meet individual needs; (ii) be in the
11 immediate and long-term best interests of the individual; (iii)
12 be non-aversive; (iv) teach the individual new skills; (v)
13 provide alternatives to behavioral challenges; (vi) offer
14 opportunities for choice and social integration; and (vii)
15 allow for environmental modifications. The plan must be based
16 on a functional behavioral assessment conducted by a
17 professional trained in its use. The plan shall be implemented
18 by staff who have been trained in and are qualified to
19 effectively apply positive non-aversive intervention. All
20 behavioral supports required by the plan shall be applied in a
21 humane and caring manner that respects the dignity of the
22 individual and shall be implemented in a positive and socially
23 supportive environment, including the home.
24     Interventions must not: (1) include electric shock; (2)
25 withhold essential food and drink; (3) cause physical or
26 psychological pain; (4) use drugs as restraints; or (5) produce
27 humiliation or discomfort.
28     Nothing in this subsection shall preclude, for therapeutic
29 purposes, variant scheduling of food or drink or the
30 application of safe and appropriate time-out procedures.
31     (c) The Department of Human Services shall be responsible
32 for developing and promulgating rules to implement the
33 provisions of this Section and to carry out the intent of this
34 Section.

 

 

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1     (d) To the extent this Section conflicts with Article I of
2 Chapter II of the Mental Health and Developmental Disabilities
3 Code, that Article controls.
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.".