Full Text of HB1197 94th General Assembly
HB1197ham002 94TH GENERAL ASSEMBLY
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Rep. Lou Lang
Filed: 4/5/2005
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09400HB1197ham002 |
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LRB094 06321 MKM 44342 a |
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| AMENDMENT TO HOUSE BILL 1197
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| AMENDMENT NO. ______. Amend House Bill 1197, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Mental Health and Developmental | 6 |
| Disabilities Administrative Act is amended by adding Section | 7 |
| 15f as follows: | 8 |
| (20 ILCS 1705/15f new)
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| Sec. 15f. Individualized behavioral support plan. | 10 |
| (a) As used in this Section: | 11 |
| "Behavioral challenges" means episodes of significant | 12 |
| property destruction, self-injurious behavior, assaultive | 13 |
| behavior, or any other behavior that prevents a person from | 14 |
| successful participation in a community-based residential | 15 |
| program, as determined by the community support team.
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| "Community-based residential program" means one of a | 17 |
| variety of living arrangements in which no more than 8 | 18 |
| individuals reside together and the setting is designed to | 19 |
| promote independence. This includes existing categories, such | 20 |
| as community integrated living arrangements, community | 21 |
| residential alternatives, assisted residential care, supported | 22 |
| residential care, and adult foster care and may also include | 23 |
| newly developed settings that are consistent with this | 24 |
| definition.
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LRB094 06321 MKM 44342 a |
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| (b) Each individual in a community-based residential | 2 |
| program for persons with developmental disabilities who | 3 |
| exhibits behavioral challenges shall have an individualized | 4 |
| behavioral support plan. Each individualized support plan | 5 |
| shall: (i) be designed to meet individual needs; (ii) be in the | 6 |
| immediate and long-term best interests of the individual; (iii) | 7 |
| be non-aversive; (iv) teach the individual new skills; (v) | 8 |
| provide alternatives to behavioral challenges; (vi) offer | 9 |
| opportunities for choice and social integration; and (vii) | 10 |
| allow for environmental modifications. The plan must be based | 11 |
| on a functional behavioral assessment conducted by a | 12 |
| professional trained in its use in behavioral analysis. The | 13 |
| plan shall be implemented by staff who have been trained in and | 14 |
| are qualified to effectively apply positive non-aversive | 15 |
| intervention. All behavioral supports required by the plan | 16 |
| shall be applied in a humane and caring manner that respects | 17 |
| the dignity of the individual and shall be implemented in a | 18 |
| positive and socially-supportive environment, including the | 19 |
| home. The following techniques are prohibited: | 20 |
| (1) aversive behavioral support, such as painful or | 21 |
| intrusive stimuli or activities applied in response to | 22 |
| behavior and that result in physical or psychological pain, | 23 |
| including, but not limited to, electric shock, ammonia | 24 |
| spray, water spray to the face, pinching, and deep muscle | 25 |
| squeezes; | 26 |
| (2) intervention that causes psychological pain, such | 27 |
| as verbal abuse and threatening conduct; and | 28 |
| (3) deprivation techniques, including, but not limited | 29 |
| to, (i) withholding, withdrawing, or delaying any of the | 30 |
| following: visitation or communication with friends or | 31 |
| family, except where recommended by the community support | 32 |
| team for therapeutic reasons; sleep; shelter; bedding; | 33 |
| bathroom facilities; medication; or food or drink; or (ii) | 34 |
| subjecting the individual to prolonged periods of |
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LRB094 06321 MKM 44342 a |
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| isolation and seclusion. | 2 |
| Nothing in this subsection shall preclude, for therapeutic | 3 |
| purposes, variant scheduling of food or drink or the | 4 |
| application of safe and appropriate time-out procedures. | 5 |
| (c) The Department of Human Services shall be responsible | 6 |
| for monitoring and overseeing compliance with this section.
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| (d) To the extent this Section conflicts with Article I of | 8 |
| Chapter II of the Mental Health and Developmental Disabilities | 9 |
| Code, that Article controls.
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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