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1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Administration of Psychotropic Medications to Children Act.
 
6    Section 2. Legislative Findings. The General Assembly
7recognizes that:
8    (a) Mental illnesses among children and adolescents can be
9severely debilitating and, if untreated, can have a negative
10effect on their education, their families and communities, and
11their future lives as productive citizens of Illinois.
12    (b) Psychotropic medications, when used carefully and
13appropriately, can be safe and effective treatments for
14children with serious mental illnesses.
15    (c) Psychotropic medications, like most other medications,
16may pose serious risks and side effects, particularly if their
17use is not carefully monitored.
18    (d) Under Illinois law, minors cannot give consent to
19medical treatment, including psychotropic medications.
20    (e) Under Illinois law, in the absence of an emergency,
21medical treatment, including the administration of
22psychotropic medications, may only be provided to a minor with
23the consent of a parent, a guardian, or some other person

 

 

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1authorized by law to give consent.
2    (f) The Department of Children and Family Services has
3responsibility for providing informed consent for medical
4treatment, including the administration of psychotropic
5medications, for thousands of children and adolescents.
6    (g) The health, safety, and well-being of children and
7adolescents who are the legal responsibility of the Department
8depend on the existence and enforcement of appropriate
9standards and procedures through which the Department may
10determine when the use of psychotropic medications is
11appropriate for these children and adolescents.
 
12    Section 5. Administration of psychotropic medications. On
13or before October 1, 2011, the Department of Children and
14Family Services shall promulgate final rules, amending its
15current rules establishing and maintaining standards and
16procedures to govern the administration of psychotropic
17medications. Such amendments to its rules shall include, but
18are not limited to, the following:
19    (a) The role of the Department in the administration of
20psychotropic medications to youth for whom it is legally
21responsible and who are in facilities operated by the Illinois
22Department of Corrections or the Illinois Department of
23Juvenile Justice.
24    (b) Provisions regarding the administration of
25psychotropic medications for youth for whom the Department is

 

 

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1legally responsible and who are in residential facilities,
2group homes, transitional living programs, or foster homes
3where the youth is under the age of 18 or where the youth is 18
4or older and has provided the Department with appropriate
5consent.
6    (c) Provisions regarding the administration of
7psychotropic medications for youth for whom the Department is
8legally responsible and who are in psychiatric hospitals.
9    (d) Provisions concerning the emergency use of
10psychotropic medications, including appropriate and timely
11reporting.
12    (e) Provisions prohibiting the administration of
13psychotropic medications to persons for whom the Department is
14legally responsible as punishment for bad behavior, for the
15convenience of staff or caregivers, or as a substitute for
16adequate mental health care or other services.
17    (f) The creation of a committee to develop, post on a
18website, and periodically review materials listing which
19psychotropic medications are approved for use with youth for
20whom the Department has legal responsibility. The materials
21shall include guidelines for the use of psychotropic
22medications and may include the acceptable range of dosages,
23contraindications, and time limits, if any, and such other
24topics necessary to ensure the safe and appropriate use of
25psychotropic medications.
26    (g) Provisions regarding the appointment, qualifications,

 

 

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1and training of employees of the Department who are authorized
2to consent to the administration of psychotropic medications to
3youth for whom the Department has legal responsibility,
4including the scope of the authority of such persons.
5    (h) Provisions regarding training and materials for
6parents, foster parents, and relative caretakers concerning
7the rules governing the use of psychotropic medications with
8youth for whom the Department has legal responsibility.
9    (i) With respect to any youth under the age of 18 for whom
10the Department has legal responsibility and who does not assent
11to the administration of recommended psychotropic medication,
12provisions providing standards and procedures for reviewing
13the youth's concerns. With respect to any youth over the age of
1418 for whom the Department has legal responsibility and who
15does not consent to the administration of recommended
16psychotropic medication, provisions providing standards and
17procedures for reviewing the youth's concerns upon the youth's
18request and with the youth's consent. Standards and procedures
19developed under this subsection shall not be inconsistent with
20the Mental Health and Developmental Disabilities Code.
21    (j) Provisions ensuring that, subject to all relevant
22confidentiality laws, service plans for youth for whom the
23Department has legal responsibility include the following
24information:
25        (1) Identification by name and dosage of the
26    psychotropic medication known by the Department to have

 

 

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1    been administered to the youth since the last service plan.
2        (2) The benefits of the psychotropic medication.
3        (3) The negative side effects of the psychotropic
4    medication.
 
5    Section 10. Failure to comply with Department rules. The
6Department must establish and maintain rules designed to ensure
7compliance with any rules promulgated pursuant to Section 5 of
8this Act. Such rules shall include, but are not limited to, the
9following:
10    (a) Standards and procedures for notifying physicians,
11residential treatment facilities, and psychiatric hospitals
12when they have violated any rule enacted or maintained pursuant
13to Section 5 of this Act.
14    (b) Standards and procedures for issuing written warnings
15to physicians, residential treatment facilities, and
16psychiatric hospitals when they have violated any rule enacted
17or maintained pursuant to Section 5 of this Act.
18    (c) Standards and procedures for notifying the Department
19of Financial and Professional Regulation when a physician has
20repeatedly violated any rule enacted or maintained pursuant to
21Section 5 of this Act after having received a written warning
22on one or more occasions. This subsection is not intended to
23limit the Department's authority to make a report to the
24Department of Financial and Professional Regulation when a
25physician has violated a rule and has not received a written

 

 

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1warning when the Department determines it is in the minor's and
2society's interest to make the report.
3    (d) Standards and procedures for notifying the Department
4of Public Health when any facility licensed by that Department
5has repeatedly violated any rule enacted or maintained pursuant
6to Section 5 of this Act after having received a written
7warning on one or more occasions. This subsection is not
8intended to limit the Department's authority to make a report
9to the Department of Public Health when a facility has violated
10a rule and has not received a written warning when the
11Department determines it is in the minor's and society's
12interest to make the report.
13    (e) Standards and procedures for notifying the guardian ad
14litem appointed pursuant to Section 2-17 of the Juvenile Court
15Act of 1987, of a ward who has been administered psychotropic
16medication in violation of any rule enacted or maintained
17pursuant to Section 5 of this Act, where the guardian ad litem
18has requested notification and provides the Department with
19documentation verifying that pursuant to the Mental Health and
20Developmental Disabilities Confidentiality Act, the court has
21entered an order granting the guardian ad litem authority to
22receive and review this information.
23    (f) Standards and procedures for notifying the
24Department's licensing division when a residential facility or
25group home licensed by the Department has repeatedly violated
26any rule enacted or maintained pursuant to Section 5 of this

 

 

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1Act.
 
2    Section 15. Annual report.
3    (a) No later than December 31 of each year, the Department
4shall prepare and submit an annual report, covering the
5previous fiscal year, to the General Assembly concerning the
6administration of psychotropic medication to persons for whom
7it is legally responsible. This report shall include, but is
8not limited to, the following:
9        (1) The number of violations of any rule enacted
10    pursuant to Section 5 of this Act.
11        (2) The number of warnings issued pursuant to
12    subsection (b) of Section 10 of this Act.
13        (3) The number of physicians who have been issued
14    warnings pursuant to subsection (b) of Section 10 of this
15    Act.
16        (4) The number of physicians who have been reported to
17    the Department of Financial and Professional Regulation
18    pursuant to subsection (c) of Section 10 of this Act, and,
19    if available, the results of such reports.
20        (5) The number of facilities that have been reported to
21    the Department of Public Health pursuant to subsection (d)
22    of Section 10 of this Act and, if available, the results of
23    such reports.
24        (6) The number of Department-licensed facilities that
25    have been the subject of licensing complaints pursuant to

 

 

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1    subsection (f) of Section 10 of this Act, and if available,
2    the results of the complaint investigations.
3        (7) Any recommendations for legislative changes or
4    amendments to any of its rules or procedures established or
5    maintained in compliance with this Act.
6    (b) The requirement for reporting to the General Assembly
7shall be satisfied by filing copies of the report with the
8Speaker, the Minority Leader, and the Clerk of the House of
9Representatives, the President, the Minority Leader, and the
10Secretary of the Senate, and the Legislative Research Unit, as
11required by Section 3.1 of the General Assembly Organization
12Act and by filing additional copies with the State Government
13Report Distribution Center for the General Assembly as required
14under paragraph (t) of Section 7 of the State Library Act.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.