Illinois General Assembly - Full Text of SB0586
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0586  102nd General Assembly

SB0586 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0586

 

Introduced 2/24/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 5/1-114  from Ch. 91 1/2, par. 1-114
405 ILCS 5/2-200  from Ch. 91 1/2, par. 2-200

    Amends the Mental Health and Developmental Disabilities Code. Provides that an otherwise qualifying facility shall not be considered to be a "mental health facility" for purposes relating to a person whose admission is solely for the purpose of receiving treatment for a condition other than a mental illness; provided any mental health treatment that is provided is limited to mental health treatment: (i) voluntarily agreed to by the person prior to the current facility admission; (ii) that is the receipt of medications ordered to treat or prevent complications or side effects of medical treatment, including the administration of anti-anxiety medications to surgical patients and patients on mechanical ventilation; or (iii) that is solely an evaluation of the psychological condition of the recipient. Effective immediately.


LRB102 04032 RLC 14048 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0586LRB102 04032 RLC 14048 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Sections 1-114 and
62-200 as follows:
 
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 is solely for the purpose of receiving
17treatment for a condition other than a mental illness;
18provided any mental health treatment that is provided is
19limited to mental health treatment:
20    (i) voluntarily agreed to by the person prior to the
21current facility admission;
22    (ii) that is the receipt of medications ordered to treat
23or prevent complications or side effects of medical treatment,

 

 

SB0586- 2 -LRB102 04032 RLC 14048 b

1including the administration of anti-anxiety medications to
2surgical patients and patients on mechanical ventilation; or
3    (iii) that is solely an evaluation of the psychological
4condition of the recipient.
5(Source: P.A. 88-380.)
 
6    (405 ILCS 5/2-200)  (from Ch. 91 1/2, par. 2-200)
7    Sec. 2-200. (a) Upon commencement of services, or as soon
8thereafter as the condition of the recipient permits, every
9adult recipient, as well as the recipient's guardian or
10substitute decision maker, and every recipient who is 12 years
11of age or older and the parent or guardian of a minor or person
12under guardianship shall be informed orally and in writing of
13the rights guaranteed by this Chapter which are relevant to
14the nature of the recipient's services program. Every facility
15shall also post conspicuously in public areas a summary of the
16rights which are relevant to the services delivered by that
17facility as well as contact information for the Guardianship
18and Advocacy Commission and the agency designated by the
19Governor under Section 1 of the Protection and Advocacy for
20Persons with Developmental Disabilities Act. The requirement
21that the information be posted does not apply to a facility, or
22section of a facility, in which the majority of the persons are
23not receiving mental health services.
24    (b) A recipient who is 12 years of age or older and the
25parent or guardian of a minor or person under guardianship at

 

 

SB0586- 3 -LRB102 04032 RLC 14048 b

1any time may designate, and upon commencement of services
2shall be informed of the right to designate, a person or agency
3to receive notice under Section 2-201 or to direct that no
4information about the recipient be disclosed to any person or
5agency.
6    (c) Upon commencement of services, or as soon thereafter
7as the condition of the recipient permits, the facility shall
8ask the adult recipient or minor recipient admitted pursuant
9to Section 3-502 whether the recipient wants the facility to
10contact the recipient's spouse, parents, guardian, close
11relatives, friends, attorney, advocate from the Guardianship
12and Advocacy Commission or the agency designated by the
13Governor under Section 1 of the Protection and Advocacy for
14Persons with Developmental Disabilities Act, or others and
15inform them of the recipient's presence at the facility. The
16facility shall by phone or by mail contact at least two of
17those people designated by the recipient and shall inform them
18of the recipient's location. If the recipient so requests, the
19facility shall also inform them of how to contact the
20recipient.
21    (d) Upon commencement of services, or as soon thereafter
22as the condition of the recipient permits, the facility shall
23advise the recipient as to the circumstances under which the
24law permits the use of emergency forced medication or
25electroconvulsive therapy under subsection (a) of Section
262-107, restraint under Section 2-108, or seclusion under

 

 

SB0586- 4 -LRB102 04032 RLC 14048 b

1Section 2-109. At the same time, the facility shall inquire of
2the recipient which form of intervention the recipient would
3prefer if any of these circumstances should arise. The
4recipient's preference shall be noted in the recipient's
5record and communicated by the facility to the recipient's
6guardian or substitute decision maker, if any, and any other
7individual designated by the recipient. If any such
8circumstances subsequently do arise, the facility shall give
9due consideration to the preferences of the recipient
10regarding which form of intervention to use as communicated to
11the facility by the recipient or as stated in the recipient's
12advance directive.
13(Source: P.A. 100-915, eff. 1-1-19.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.