Illinois General Assembly - Full Text of HB2784
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Full Text of HB2784  102nd General Assembly

HB2784sam002 102ND GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 5/20/2021

 

 


 

 


 
10200HB2784sam002LRB102 14976 RLC 26881 a

1
AMENDMENT TO HOUSE BILL 2784

2    AMENDMENT NO. ______. Amend House Bill 2784, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 1, on page 2, by replacing lines 11 through 21 with the
5following:
 
6    "Section 10. Applicability; home rule. This Act applies to
7every unit of local government that provides or coordinates
8ambulance or similar emergency medical response or
9transportation services for individuals with emergency medical
10needs. A home rule unit may not respond to or provide services
11for a mental or behavioral health emergency, or create a
12transportation plan or other regulation, relating to the
13provision of mental or behavioral health services in a manner
14inconsistent with this Act. This Act is a limitation under
15subsection (i) of Section 6 of Article VII of the Illinois
16Constitution on the concurrent exercise by home rule units of
17powers and functions exercised by the State."; and
 

 

 

10200HB2784sam002- 2 -LRB102 14976 RLC 26881 a

1on page 2, line 22, by replacing "Section 10" with "Section
215"; and
 
3on page 4, line 4, by replacing "Section 15" with "Section 20";
4and
 
5on page 4, line 5, by replacing "9-1-1 call center" with "9-1-1
6PSAP"; and
 
7on page 4, line 20, by replacing "Section 20" with "Section
825"; and
 
9on page 5, line 24, by replacing ";" with "; and"; and
 
10on page 6, line 8, by replacing ";" with "."; and
 
11on page 6, by replacing lines 9 through 14 with the following:
12    "(b) Prioritize requests for emergency assistance. 9-1-1
13PSAPs, emergency services dispatched through 9-1-1 PSAPs, and
14the mobile mental and behavioral health service established by
15the Division of Mental Health must provide guidance for
16prioritizing calls for assistance and maximum response time in
17relation to the type of emergency reported.
18    (c) Provide appropriate response times. From the time of
19first notification, 9-1-1 PSAPs, emergency services dispatched

 

 

10200HB2784sam002- 3 -LRB102 14976 RLC 26881 a

1through 9-1-1 PSAPs, and the mobile mental and behavioral
2health service established by the Division of Mental Health
3must provide the response within response time appropriate to
4the care requirements of the individual with an emergency.";
5and
 
6on page 6, line 15, by replacing "(b)" with "(d) Require
7appropriate responder training."; and
 
8on page 6, line 24, by replacing "(c)" with "(e) Require
9minimum team staffing."; and
 
10on page 7, line 4, by replacing "(d)" with "(f) Require
11training from individuals with lived experience."; and
 
12on page 7, line 6, by replacing "(e)" with "(g) Adopt
13guidelines directing referral to restrictive care settings.";
14and
 
15on page 7, line 9, by replacing "(f)" with "(h) Specify
16regional best practices."; and
 
17on page 7, line 19, by replacing "(g)" with "(i) Adopt system
18for directing care in advance of an emergency."; and
 
19on page 8, line 4, by replacing "(h)" with "(j) Train

 

 

10200HB2784sam002- 4 -LRB102 14976 RLC 26881 a

1dispatching staff."; and
 
2on page 8, lines 6 and 7, by "dispatching emergency mental
3health responders under this Act" with "coordinating with
49-8-8"; and
 
5on page 8, line 8, by replacing "(i)" with "(k) Establish
6protocol for emergency responder coordination."; and
 
7on page 8, line 12, by replacing "(j)" with "(l) Integrate law
8enforcement."; and
 
9by replacing line 21 on page 8 through line 10 on page 11 with
10the following:
 
11    "Section 30. State prohibitions. 9-1-1 PSAPs, emergency
12services dispatched through 9-1-1 PSAPs, and the mobile mental
13and behavioral health service established by the Division of
14Mental Health must coordinate their services so that, based on
15the information provided to them, the following State
16prohibitions are avoided:
17    (a) Law enforcement responsibility for providing mental
18and behavioral health care. In any area where responders are
19available for dispatch, law enforcement shall not be
20dispatched to respond to an individual requiring mental or
21behavioral health care unless that individual is (i) involved

 

 

10200HB2784sam002- 5 -LRB102 14976 RLC 26881 a

1in a suspected violation of the criminal laws of this State, or
2(ii) presents a threat of physical injury to self or others.
3Responders are not considered available for dispatch under
4this Section if 9-8-8 reports that it cannot dispatch
5appropriate service within the maximum response times
6established by each Regional Advisory Committee under Section
745.
8        (1) Standing on its own or in combination with each
9    other, the fact that an individual is experiencing a
10    mental or behavioral health emergency, or has a mental
11    health, behavioral health, or other diagnosis, is not
12    sufficient to justify an assessment that the individual is
13    a threat of physical injury to self or others, or requires
14    a law enforcement response to a request for emergency
15    response or medical transportation.
16        (2) If, based on its assessment of the threat to
17    public safety, law enforcement would not accompany medical
18    transportation responding to a physical health emergency,
19    unless requested by responders, law enforcement may not
20    accompany emergency response or medical transportation
21    personnel responding to a mental or behavioral health
22    emergency that presents an equivalent level of threat to
23    self or public safety.
24        (3) Without regard to an assessment of threat to self
25    or threat to public safety, law enforcement may station
26    personnel so that they can rapidly respond to requests for

 

 

10200HB2784sam002- 6 -LRB102 14976 RLC 26881 a

1    assistance from responders if law enforcement does not
2    interfere with the provision of emergency response or
3    transportation services. To the extent practical, not
4    interfering with services includes remaining sufficiently
5    distant from or out of sight of the individual receiving
6    care so that law enforcement presence is unlikely to
7    escalate the emergency.
8    (b) Responder involvement in involuntary commitment. In
9order to maintain the appropriate care relationship,
10responders shall not in any way assist in the involuntary
11commitment of an individual beyond (i) reporting to their
12dispatching entity or to law enforcement that they believe the
13situation requires assistance the responders are not permitted
14to provide under this Section; (ii) providing witness
15statements; and (iii) fulfilling reporting requirements the
16responders may have under their professional ethical
17obligations or laws of this state. This prohibition shall not
18interfere with any responder's ability to provide physical or
19mental health care.
20    (c) Use of law enforcement for transportation. In any area
21where responders are available for dispatch, unless requested
22by responders, law enforcement shall not be used to provide
23transportation to access mental or behavioral health care, or
24travel between mental or behavioral health care providers,
25except where no alternative is available.
26    (d) Reduction of educational institution obligations. The

 

 

10200HB2784sam002- 7 -LRB102 14976 RLC 26881 a

1services coordinated under this Act may not be used to replace
2any service an educational institution is required to provide
3to a student. It shall not substitute for appropriate special
4education and related services that schools are required to
5provide by any law."; and
 
6on page 11, line 11, by replacing "Section 30" with "Section
735"; and
 
8on page 12, line 2, by replacing "Section 35" with "Section
940"; and
 
10on page 14, line 4, by inserting "(e)" before "The"; and
 
11on page 14, line 7, by replacing "Section 40" with "Section
1245"; and
 
13on page 15, by replacing line 10 with the following:
14"served.
15    (c) Subject to the oversight of the Department of Human";
16and
 
17on page 15, line 18, by replacing "Section 45" with "Section
1850"; and
 
19on page 16, line 22, by replacing "Section 50" with "Section

 

 

10200HB2784sam002- 8 -LRB102 14976 RLC 26881 a

155"; and
 
2on page 17, line 2, by replacing "Section 55" with "Section
360"; and
 
4on page 17, line 11, by replacing "Section 60" with "Section
565".