Illinois General Assembly - Full Text of SB0025
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Full Text of SB0025  101st General Assembly




SB0025 EngrossedLRB101 00199 RLC 45201 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 Section 3-610 as
7    (405 ILCS 5/3-610)  (from Ch. 91 1/2, par. 3-610)
8    Sec. 3-610. As soon as possible but not later than 24
9hours, excluding Saturdays, Sundays and holidays, after
10admission of a respondent pursuant to this Article, the
11respondent shall be personally examined by a psychiatrist. The
12psychiatrist may be a member of the staff of the facility but
13shall not be the person who executed the first certificate. If
14a certificate has already been completed by a psychiatrist
15following the respondent's admission, the respondent shall be
16examined by another psychiatrist or by a physician, clinical
17psychologist, or qualified examiner. If, as a result of this
18second examination, a certificate is executed, the certificate
19shall be promptly filed with the court. If the certificate
20states that the respondent is subject to involuntary admission
21but not in need of immediate hospitalization, the respondent
22may remain in his or her place of residence pending a hearing
23on the petition unless he or she voluntarily agrees to



SB0025 Engrossed- 2 -LRB101 00199 RLC 45201 b

1inpatient treatment. If the respondent is not examined or if
2the psychiatrist, physician, clinical psychologist, or
3qualified examiner does not execute a certificate pursuant to
4Section 3-602, the respondent shall be released forthwith. For
5the purpose of this Section, a personal examination includes an
6examination performed in real time (synchronous examination)
7via an Interactive Telecommunication System as defined in 89
8Ill. Adm. Code 140.403(a)(5). An examination via an Interactive
9Telecommunication System may only be used for certification
10under this Section when a psychiatrist is not on-site within
11the time period set forth in this Section. If the examination
12is performed via an Interactive Communication System, that fact
13shall be noted on the certificate.
14(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)