SB0586sam001 102ND GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 4/9/2021

10200SB0586sam001 LRB102 04032 RLC 24959 a

AMENDMENT TO SENATE BILL 586

AMENDMENT NO. ______. Amend Senate Bill 586 by replacing everything after the enacting clause with the following:

"Section 5. The Mental Health and Developmental Disabilities Code is amended by changing Section 1-114 as follows:

(405 ILCS 5/1-114) (from Ch. 91 1/2, par. 1-114)

Sec. 1-114. "Mental health facility" means any licensed private hospital, institution, or facility or section thereof, and any facility, or section thereof, operated by the State or a political subdivision thereof for the treatment of persons with mental illness and includes all hospitals, institutions, clinics, evaluation facilities, and mental health centers which provide treatment for such persons. However, a facility shall not constitute a mental health facility for a person whose admission to the facility is for the sole purpose of receiving medical care that is unrelated to a mental illness, and when that person consents in writing to continue existing mental health treatment, if any, during the same admission if: (i) the mental health treatment remains incidental to the purpose of the medical admission and (ii) such treatment remains voluntary and does not deviate from the already-existing prescribed treatment. A person's written consent to newly prescribed anxiolytic medications in connection with surgery or for the treatment of side effects of medical care that is unrelated to mental health treatment does not constitute admission to a mental health facility. Additionally, a facility shall not constitute a mental health facility for a person whose admission to the facility is for the sole purpose of receiving medical care that is unrelated to mental illness and where that treatment is solely an evaluation of the psychological condition of the person; provided, that the non-psychiatric medical condition for which the person has been admitted continues to require inpatient care. Once the non-psychiatric medical condition or conditions no longer require inpatient care, the person must be discharged from the facility promptly unless the person has been admitted pursuant to Chapter III of this Code.

(Source: P.A. 88-380.)

Section 99. Effective date. This Act takes effect upon becoming law.".