Full Text of HB2446 96th General Assembly
HB2446 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2446
Introduced 2/19/2009, by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
|
405 ILCS 5/2-107.1 |
from Ch. 91 1/2, par. 2-107.1 |
|
Amends the Mental Health and Developmental Disabilities Code. Provides that a court order authorizing the administration of authorized involuntary treatment shall allow a person designated in the order as authorized to administer the treatment to designate another person to administer the treatment in the court-designated person's absence. Provides that a person designated in the court order as authorized to administer the treatment must be a qualified acute and long-term health care professional familiar with the recipient's mental and physical status and active in the recipient's care. Provides that a person designated by the court-designated person to administer the treatment in the court-designated person's absence must be a licensed and qualified health care professional. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB2446 |
|
LRB096 08383 DRJ 18495 b |
|
| 1 |
| AN ACT concerning health.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Section 2-107.1 as | 6 |
| follows:
| 7 |
| (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
| 8 |
| Sec. 2-107.1. Administration of psychotropic medication | 9 |
| and electroconvulsive therapy
upon
application to a court.
| 10 |
| (a) (Blank).
| 11 |
| (a-5) Notwithstanding the provisions of Section 2-107 of | 12 |
| this
Code, psychotropic medication and electroconvulsive | 13 |
| therapy may be administered to an adult recipient of
services | 14 |
| without the informed consent of the recipient under the | 15 |
| following
standards:
| 16 |
| (1) Any person 18 years of age or older, including any | 17 |
| guardian, may
petition the circuit court for an order | 18 |
| authorizing the administration of psychotropic medication | 19 |
| and electroconvulsive therapy to a recipient
of services.
| 20 |
| The petition shall state that the petitioner has made a | 21 |
| good faith attempt to
determine whether the recipient has | 22 |
| executed a power of attorney for health
care under the | 23 |
| Powers of Attorney for Health Care Law or a declaration for
|
|
|
|
HB2446 |
- 2 - |
LRB096 08383 DRJ 18495 b |
|
| 1 |
| mental health treatment under the Mental Health Treatment | 2 |
| Preference
Declaration Act and to obtain copies of these | 3 |
| instruments if they exist. If
either of the above-named | 4 |
| instruments is available to the petitioner, the
instrument | 5 |
| or a copy of the instrument shall be attached to the | 6 |
| petition as
an exhibit.
The petitioner shall deliver a copy | 7 |
| of the petition, and notice of the time
and place of the | 8 |
| hearing, to the respondent, his or her attorney, any known
| 9 |
| agent or
attorney-in-fact, if any, and the
guardian, if | 10 |
| any, no later than 3 days prior to the date of the
hearing.
| 11 |
| Service of the petition and notice of the time and place of | 12 |
| the hearing may
be made by transmitting them via facsimile | 13 |
| machine to the
respondent or other party. Upon receipt of | 14 |
| the petition and notice, the party
served, or the person | 15 |
| delivering the petition and notice to
the party served, | 16 |
| shall acknowledge service. If the party sending the | 17 |
| petition
and notice does not receive acknowledgement of | 18 |
| service
within 24 hours, service must be made by personal | 19 |
| service.
| 20 |
| The
petition may include a request that the court | 21 |
| authorize such testing and
procedures as may be essential | 22 |
| for the safe and effective administration of the | 23 |
| psychotropic medication or electroconvulsive therapy | 24 |
| sought to be
administered, but only where the
petition
sets | 25 |
| forth the specific testing and procedures sought to be | 26 |
| administered.
|
|
|
|
HB2446 |
- 3 - |
LRB096 08383 DRJ 18495 b |
|
| 1 |
| If a hearing is requested to be held immediately | 2 |
| following the hearing on
a petition for
involuntary | 3 |
| admission, then the notice requirement shall be the same as | 4 |
| that
for the hearing on
the petition for involuntary | 5 |
| admission, and the petition filed pursuant to this
Section | 6 |
| shall be filed
with the petition for involuntary admission.
| 7 |
| (2) The court shall hold a hearing within 7 days of the | 8 |
| filing
of the petition. The People, the petitioner, or the | 9 |
| respondent shall be
entitled
to a continuance of up to 7 | 10 |
| days as of right. An additional
continuance of not more | 11 |
| than 7 days may be granted to
any party (i)
upon a showing | 12 |
| that the continuance is needed in order
to adequately
| 13 |
| prepare for or present evidence in a hearing under this | 14 |
| Section or
(ii) under exceptional circumstances. The court | 15 |
| may
grant an additional continuance
not to exceed 21 days | 16 |
| when, in its discretion, the court determines that such a
| 17 |
| continuance is necessary in order to provide the recipient | 18 |
| with an examination
pursuant to Section 3-803 or 3-804 of | 19 |
| this Act, to provide the recipient with a
trial by jury as | 20 |
| provided in Section 3-802 of this Act, or to arrange for | 21 |
| the
substitution of counsel as provided for by the Illinois | 22 |
| Supreme Court Rules.
The hearing shall be
separate from a | 23 |
| judicial proceeding held to determine whether a person is
| 24 |
| subject to involuntary admission but may be heard | 25 |
| immediately preceding or
following such a judicial | 26 |
| proceeding and may be heard by the same trier of fact
or |
|
|
|
HB2446 |
- 4 - |
LRB096 08383 DRJ 18495 b |
|
| 1 |
| law as in that judicial proceeding.
| 2 |
| (3) Unless otherwise provided herein, the procedures | 3 |
| set forth in
Article VIII of Chapter 3 of this Act, | 4 |
| including the provisions regarding
appointment of counsel, | 5 |
| shall govern hearings held under this subsection
(a-5).
| 6 |
| (4) Psychotropic medication and electroconvulsive | 7 |
| therapy may be administered to the recipient if and only if
| 8 |
| it has been determined by clear and convincing evidence | 9 |
| that all of
the following factors are present. In | 10 |
| determining whether a person meets the criteria specified | 11 |
| in the following
paragraphs (A) through (G), the court may | 12 |
| consider evidence of the person's history of
serious | 13 |
| violence, repeated past pattern of specific behavior, | 14 |
| actions related to the person's
illness, or past outcomes | 15 |
| of various treatment options.
| 16 |
| (A) That the recipient has a serious mental illness | 17 |
| or
developmental disability.
| 18 |
| (B) That because of said mental illness or | 19 |
| developmental disability,
the recipient currently | 20 |
| exhibits any one of the following: (i)
deterioration of | 21 |
| his
or her ability to function, as compared to the | 22 |
| recipient's ability to
function prior to the current | 23 |
| onset of symptoms of the mental illness or
disability | 24 |
| for which treatment is presently sought, (ii) | 25 |
| suffering, or (iii)
threatening
behavior.
| 26 |
| (C) That the illness or disability has existed for |
|
|
|
HB2446 |
- 5 - |
LRB096 08383 DRJ 18495 b |
|
| 1 |
| a period marked by
the continuing presence of the | 2 |
| symptoms set forth in item (B) of this
subdivision (4) | 3 |
| or the repeated episodic occurrence of these symptoms.
| 4 |
| (D) That the benefits of the treatment
outweigh the | 5 |
| harm.
| 6 |
| (E) That the recipient lacks the capacity to make a
| 7 |
| reasoned
decision about the treatment.
| 8 |
| (F) That other less restrictive services have been | 9 |
| explored
and found inappropriate.
| 10 |
| (G) If the petition seeks authorization for | 11 |
| testing and other
procedures,
that such testing and | 12 |
| procedures are essential for the safe and effective
| 13 |
| administration of the treatment.
| 14 |
| (5) In no event shall an order issued under this | 15 |
| Section be effective
for more than 90 days.
A second 90-day | 16 |
| period of involuntary treatment may be authorized pursuant | 17 |
| to
a hearing that
complies
with the standards and | 18 |
| procedures of this subsection (a-5).
Thereafter, | 19 |
| additional 180-day periods of involuntary treatment may be
| 20 |
| authorized pursuant to
the standards and procedures of this | 21 |
| Section without limit.
If a new petition to authorize the | 22 |
| administration of psychotropic medication or | 23 |
| electroconvulsive therapy
is filed at least 15 days prior | 24 |
| to the
expiration of the prior order, and if
any | 25 |
| continuance of the hearing is agreed to by the recipient, | 26 |
| the
administration of the treatment may continue in |
|
|
|
HB2446 |
- 6 - |
LRB096 08383 DRJ 18495 b |
|
| 1 |
| accordance
with
the prior order
pending the completion of a | 2 |
| hearing under this Section.
| 3 |
| (6) An order issued under this subsection (a-5) shall
| 4 |
| designate the persons
authorized to administer the | 5 |
| treatment under the
standards
and procedures of this | 6 |
| subsection (a-5) and shall allow any of those persons to | 7 |
| designate one or more other persons to administer the | 8 |
| treatment in the court-designated person's absence .
Those | 9 |
| persons shall have complete discretion not to administer | 10 |
| any
treatment authorized under this Section.
The order | 11 |
| shall also specify the medications and the anticipated | 12 |
| range of
dosages that have been authorized and may include | 13 |
| a list of any alternative
medications and range of dosages | 14 |
| deemed necessary. A person designated in the court order as | 15 |
| authorized to administer the treatment must be a qualified | 16 |
| acute and long-term health care professional familiar with | 17 |
| the recipient's mental and physical status and active in | 18 |
| the recipient's care. A person designated by a | 19 |
| court-designated person to administer the treatment in the | 20 |
| court-designated person's absence must be a licensed and | 21 |
| qualified health care professional.
| 22 |
| (a-10) The court may, in its discretion, appoint a guardian | 23 |
| ad litem for a recipient before the court or authorize an | 24 |
| existing guardian of the person to monitor treatment and | 25 |
| compliance with court orders under this Section.
| 26 |
| (b) A guardian may be authorized to consent to the |
|
|
|
HB2446 |
- 7 - |
LRB096 08383 DRJ 18495 b |
|
| 1 |
| administration
of psychotropic medication or electroconvulsive | 2 |
| therapy to an
objecting recipient only under the
standards and | 3 |
| procedures of subsection (a-5).
| 4 |
| (c) Notwithstanding any other provision of this Section, a | 5 |
| guardian may
consent to the administration of psychotropic | 6 |
| medication or electroconvulsive therapy to a
non-objecting
| 7 |
| recipient under Article XIa of the Probate Act of 1975.
| 8 |
| (d) Nothing in this Section shall prevent the | 9 |
| administration of psychotropic medication or electroconvulsive | 10 |
| therapy to recipients
in an emergency under Section 2-107 of
| 11 |
| this Act.
| 12 |
| (e) Notwithstanding any of the provisions of this Section, | 13 |
| psychotropic medication or electroconvulsive therapy may be | 14 |
| administered pursuant to a power of attorney for
health care | 15 |
| under the Powers of Attorney for Health Care Law or a | 16 |
| declaration
for mental health treatment under the Mental Health | 17 |
| Treatment Preference
Declaration Act.
| 18 |
| (f) The Department shall conduct annual trainings for | 19 |
| physicians and registered nurses working in State-operated | 20 |
| mental health facilities on the appropriate use of psychotropic | 21 |
| medication and electroconvulsive therapy, standards for their | 22 |
| use, and the preparation of court petitions under this Section.
| 23 |
| (Source: P.A. 94-1066, eff. 8-1-06; 95-172, eff. 8-14-07.)
| 24 |
| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
|
|