Full Text of HB5574 95th General Assembly
HB5574ham001 95TH GENERAL ASSEMBLY
|
Disability Services Committee
Filed: 3/12/2008
|
|
09500HB5574ham001 |
|
LRB095 16884 AJO 46807 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 5574
| 2 |
| AMENDMENT NO. ______. Amend House Bill 5574, on page 1, by | 3 |
| inserting after line 3 the following:
| 4 |
| "Section 3. The Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Sections 1-104.5 and | 6 |
| 3-703 as follows: | 7 |
| (405 ILCS 5/1-104.5) | 8 |
| (This Section may contain text from a Public Act with a | 9 |
| delayed effective date )
| 10 |
| Sec. 1-104.5. "Dangerous conduct" means threatening | 11 |
| behavior or conduct that places the person or another | 12 |
| individual in reasonable expectation of being harmed, or a | 13 |
| person's inability to provide, without the assistance of family | 14 |
| or outside help, for his or her basic physical needs so as to | 15 |
| guard himself or herself from serious harm.
| 16 |
| (Source: P.A. 95-602, eff. 6-1-08.)
|
|
|
|
09500HB5574ham001 |
- 2 - |
LRB095 16884 AJO 46807 a |
|
| 1 |
| (405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)
| 2 |
| Sec. 3-703. If no certificate was filed, the respondent | 3 |
| shall be examined
separately by a physician, or clinical | 4 |
| psychologist, or qualified examiner
and by a psychiatrist. If a | 5 |
| certificate executed by a psychiatrist was
filed, the | 6 |
| respondent shall be examined by a physician, clinical | 7 |
| psychologist,
qualified examiner, or psychiatrist. If a | 8 |
| certificate executed by a qualified
examiner, clinical | 9 |
| psychologist, or a physician who is not a psychiatrist
was | 10 |
| filed, the respondent shall be examined by a psychiatrist. The
| 11 |
| examining physician, clinical psychologist, qualified examiner | 12 |
| or
psychiatrist may interview by telephone or in person any | 13 |
| witnesses or other
persons listed in the petition for | 14 |
| involuntary admission. If, as a
result of an examination, a | 15 |
| certificate is executed, the certificate shall
be promptly | 16 |
| filed with the court. If a certificate is executed, the
| 17 |
| examining physician, clinical psychologist, qualified examiner | 18 |
| or
psychiatrist may also submit for filing with the court a | 19 |
| report in which
his findings are described in detail, and may | 20 |
| rely upon such findings for
his opinion that the respondent is | 21 |
| subject to involuntary admission.
Copies of the certificates | 22 |
| shall be made available to the attorneys for the
parties upon | 23 |
| request prior to the hearing. A certificate prepared in | 24 |
| compliance with this Article need not state that the respondent | 25 |
| is in need of immediate hospitalization. However, if either or |
|
|
|
09500HB5574ham001 |
- 3 - |
LRB095 16884 AJO 46807 a |
|
| 1 |
| both of the certificates fail to state that the respondent is | 2 |
| in need of immediate hospitalization, the respondent shall | 3 |
| remain in his or her place of residence pending a hearing on | 4 |
| the petition.
| 5 |
| (Source: P.A. 85-558.)"; and
| 6 |
| on page 1, by replacing line 6 with the following: | 7 |
| "Sections 4 and 9.2 as follows:
| 8 |
| (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
| 9 |
| Sec. 4. (a) The following persons shall be entitled, upon | 10 |
| request,
to inspect and copy a recipient's record or any part | 11 |
| thereof:
| 12 |
| (1) the parent or guardian of a recipient who is under | 13 |
| 12 years of age;
| 14 |
| (2) the recipient if he is 12 years of age or older;
| 15 |
| (3) the parent or guardian of a recipient who is at | 16 |
| least 12 but under
18 years, if the recipient is informed | 17 |
| and does not object or if the therapist
does not find that | 18 |
| there are compelling reasons for denying the access.
The | 19 |
| parent or guardian who is denied access by either the | 20 |
| recipient or the
therapist may petition a court for access | 21 |
| to the record. Nothing in this
paragraph is intended to | 22 |
| prohibit the parent or guardian of a recipient who is
at | 23 |
| least 12 but under 18 years from requesting and receiving |
|
|
|
09500HB5574ham001 |
- 4 - |
LRB095 16884 AJO 46807 a |
|
| 1 |
| the following
information: current physical and mental | 2 |
| condition, diagnosis, treatment needs,
services provided, | 3 |
| and services needed, including medication, if any;
| 4 |
| (4) the guardian of a recipient who is 18 years or | 5 |
| older;
| 6 |
| (5) an attorney or guardian ad litem who represents a | 7 |
| minor 12
years of age or older in any judicial or | 8 |
| administrative proceeding,
provided that the court or | 9 |
| administrative hearing officer has entered an
order | 10 |
| granting the attorney this right; or
| 11 |
| (6) an agent appointed under a recipient's power of | 12 |
| attorney for health
care or for property, when the power of | 13 |
| attorney authorizes the access ; or .
| 14 |
| (7) an attorney-in-fact appointed under the Mental | 15 |
| Health Treatment Preference Declaration Act. | 16 |
| (b) Assistance in interpreting the record may be provided | 17 |
| without charge
and shall be provided if the person inspecting | 18 |
| the record is under 18 years
of age. However, access may in no | 19 |
| way be denied or limited if the person
inspecting the record | 20 |
| refuses the assistance. A reasonable fee may be
charged for | 21 |
| duplication of a record. However, when requested to do so in
| 22 |
| writing by any indigent recipient, the custodian of the records | 23 |
| shall
provide at no charge to the recipient, or to the | 24 |
| Guardianship and Advocacy
Commission, the agency designated by | 25 |
| the Governor under Section 1 of the
Protection and Advocacy for | 26 |
| Developmentally Disabled Persons Act or to any
other |
|
|
|
09500HB5574ham001 |
- 5 - |
LRB095 16884 AJO 46807 a |
|
| 1 |
| not-for-profit agency whose primary purpose is to provide free | 2 |
| legal
services or advocacy for the indigent and who has | 3 |
| received written
authorization from the recipient under | 4 |
| Section 5 of this Act to receive his
records, one copy of any | 5 |
| records in its possession whose disclosure is
authorized under | 6 |
| this Act.
| 7 |
| (c) Any person entitled to access to a record under this | 8 |
| Section may submit
a written statement concerning any disputed | 9 |
| or new information, which statement
shall be entered into the | 10 |
| record. Whenever any disputed part of a record
is disclosed, | 11 |
| any submitted statement relating thereto shall accompany the
| 12 |
| disclosed part. Additionally, any person entitled to access may | 13 |
| request
modification of any part of the record which he | 14 |
| believes is incorrect or
misleading. If the request is refused, | 15 |
| the person may seek a court order
to compel modification.
| 16 |
| (d) Whenever access or modification is requested, the | 17 |
| request and any
action taken thereon shall be noted in the | 18 |
| recipient's record.
| 19 |
| (Source: P.A. 88-484; 89-439, eff. 6-1-96 .)".
|
|