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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 Sections 3-811 and | ||||||
6 | 3-909 as follows: | ||||||
7 | (405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811) | ||||||
8 | Sec. 3-811. Involuntary admission; alternative mental | ||||||
9 | health facilities. | ||||||
10 | (a) If any person is found subject to involuntary admission | ||||||
11 | on an inpatient basis, the court shall
consider alternative | ||||||
12 | mental health facilities which are appropriate for and
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13 | available to the respondent, including but not limited to | ||||||
14 | hospitalization. The
court may order the respondent to undergo | ||||||
15 | a program of hospitalization in a
mental health facility | ||||||
16 | designated by the Department, in a licensed private hospital or | ||||||
17 | private
mental health facility if it agrees, or in a facility | ||||||
18 | of the United
States
Veterans Administration if it agrees. If | ||||||
19 | any person is found subject to involuntary admission on an | ||||||
20 | outpatient basis, the court may order the respondent
to undergo | ||||||
21 | a program of alternative treatment; or the court may place the
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22 | respondent
in the care and custody of a relative or other | ||||||
23 | person willing and able to
properly care for him or her. The |
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1 | court shall order the least
restrictive alternative for | ||||||
2 | treatment which is appropriate. | ||||||
3 | (b) Whenever a person is found subject to involuntary | ||||||
4 | admission on an inpatient or outpatient basis, notice shall be | ||||||
5 | provided to the petitioner, orally and in writing, of his or | ||||||
6 | her right to receive notice of the recipient's discharge | ||||||
7 | pursuant to Section 3-902(d). | ||||||
8 | (c) An order that a person is found subject to involuntary | ||||||
9 | admission on an inpatient basis does not eliminate any | ||||||
10 | obligations under the federal Emergency Medical Transport and | ||||||
11 | Active Labor Act (EMTALA) of the transferring facility toward | ||||||
12 | the receiving facility. Before implementing an order, the | ||||||
13 | transferring facility shall notify the receiving facility of | ||||||
14 | the recipient and obtain medical clearance for the recipient. | ||||||
15 | (Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; | ||||||
16 | 96-1453, eff. 8-20-10.)
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17 | (405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)
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18 | Sec. 3-909. Alternative treatment. Any recipient | ||||||
19 | hospitalized or admitted
to alternative treatment or care and | ||||||
20 | custody under Article VIII of this Chapter
may at any time | ||||||
21 | petition the court for transfer to a different facility or
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22 | program of alternative treatment, to care and custody, or to | ||||||
23 | the care and
custody of a different person. His attorney, | ||||||
24 | guardian, custodian, or
responsible relative may file such a | ||||||
25 | petition on his behalf. If the recipient
is in a private |
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1 | facility, the facility may also petition for transfer.
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2 | Recipients in private facilities or United States Veterans | ||||||
3 | Administration
facilities may petition for transfer to a mental | ||||||
4 | health facility designated
by the Department.
Recipients may | ||||||
5 | petition for transfer to a program of alternative treatment, or
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6 | to care and custody. Recipients in private facilities may also | ||||||
7 | petition for
transfer to United States Veterans Administration | ||||||
8 | facilities. Recipients in
United States Veterans | ||||||
9 | Administration facilities may also petition for transfer
to | ||||||
10 | private facilities. Recipients in Department facilities may | ||||||
11 | petition for
transfer to a private mental health facility, a | ||||||
12 | United States Veterans
Administration facility, a program of | ||||||
13 | alternative treatment, or to care and
custody. Admission to a | ||||||
14 | United States Veterans Administration facility
shall be | ||||||
15 | governed by Article X of this Chapter 3. No transfers between
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16 | Department facilities or between units of the same facility may | ||||||
17 | be ordered
under this Section. An order for hospitalization | ||||||
18 | shall not be entered
under this Section if the original order | ||||||
19 | did not authorize hospitalization
unless a hearing is held | ||||||
20 | pursuant to Article VIII of this Chapter. An order of transfer | ||||||
21 | entered under this Section does not eliminate any obligations | ||||||
22 | under the federal Emergency Medical Transport and Active Labor | ||||||
23 | Act (EMTALA) of the transferring facility toward the receiving | ||||||
24 | facility. Before implementing an order of transfer, the | ||||||
25 | transferring facility shall notify the receiving facility of | ||||||
26 | the recipient and obtain medical clearance for the recipient.
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1 | (Source: P.A. 91-726, eff. 6-2-00.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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