Full Text of SB3617 102nd General Assembly
SB3617ham002 102ND GENERAL ASSEMBLY | Rep. Deb Conroy Filed: 3/29/2022
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| 1 | | AMENDMENT TO SENATE BILL 3617
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3617, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Specialized Mental Health Rehabilitation | 6 | | Act of 2013 is amended by changing Section 1-102 as follows: | 7 | | (210 ILCS 49/1-102)
| 8 | | Sec. 1-102. Definitions. For the purposes of this Act, | 9 | | unless the context otherwise requires: | 10 | | "Abuse" means any physical or mental injury or sexual | 11 | | assault inflicted on a consumer other than by accidental means | 12 | | in a facility. | 13 | | "Accreditation" means any of the following: | 14 | | (1) the Joint Commission; | 15 | | (2) the Commission on Accreditation of Rehabilitation | 16 | | Facilities; |
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| 1 | | (3) the Healthcare Facilities Accreditation Program; | 2 | | or | 3 | | (4) any other national standards of care as approved | 4 | | by the Department. | 5 | | "APRN" means an Advanced Practice Registered Nurse, | 6 | | nationally certified as a mental health or psychiatric nurse | 7 | | practitioner and licensed under the Nurse Practice Act. For | 8 | | the purposes of this Act, any required psychiatric visit to a | 9 | | consumer may be conducted by an APRN or by a physician. | 10 | | "Applicant" means any person making application for a | 11 | | license or a provisional license under this Act. | 12 | | "Consumer" means a person, 18 years of age or older, | 13 | | admitted to a mental health rehabilitation facility for | 14 | | evaluation, observation, diagnosis, treatment, stabilization, | 15 | | recovery, and rehabilitation. | 16 | | "Consumer" does not mean any of the following: | 17 | | (i) an individual requiring a locked setting; | 18 | | (ii) an individual requiring psychiatric | 19 | | hospitalization because of an acute psychiatric crisis; | 20 | | (iii) an individual under 18 years of age; | 21 | | (iv) an individual who is actively suicidal or violent | 22 | | toward others; | 23 | | (v) an individual who has been found unfit to stand | 24 | | trial; | 25 | | (vi) an individual who has been found not guilty by | 26 | | reason of insanity based on committing a violent act, such |
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| 1 | | as sexual assault, assault with a deadly weapon, arson, or | 2 | | murder; | 3 | | (vii) an individual subject to temporary detention and | 4 | | examination under Section 3-607 of the Mental Health and | 5 | | Developmental Disabilities Code; | 6 | | (viii) an individual deemed clinically appropriate for | 7 | | inpatient admission in a State psychiatric hospital; and | 8 | | (ix) an individual transferred by the Department of | 9 | | Corrections pursuant to Section 3-8-5 of the Unified Code | 10 | | of Corrections. | 11 | | "Consumer record" means a record that organizes all | 12 | | information on the care, treatment, and rehabilitation | 13 | | services rendered to a consumer in a specialized mental health | 14 | | rehabilitation facility. | 15 | | "Controlled drugs" means those drugs covered under the | 16 | | federal Comprehensive Drug Abuse Prevention Control Act of | 17 | | 1970, as amended, or the Illinois Controlled Substances Act. | 18 | | "Department" means the Department of Public Health. | 19 | | "Discharge" means the full release of any consumer from a | 20 | | facility. | 21 | | "Drug administration" means the act in which a single dose | 22 | | of a prescribed drug or biological is given to a consumer. The | 23 | | complete act of administration entails removing an individual | 24 | | dose from a container, verifying the dose with the | 25 | | prescriber's orders, giving the individual dose to the | 26 | | consumer, and promptly recording the time and dose given. |
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| 1 | | "Drug dispensing" means the act entailing the following of | 2 | | a prescription order for a drug or biological and proper | 3 | | selection, measuring, packaging, labeling, and issuance of the | 4 | | drug or biological to a consumer. | 5 | | "Emergency" means a situation, physical condition, or one | 6 | | or more practices, methods, or operations which present | 7 | | imminent danger of death or serious physical or mental harm to | 8 | | consumers of a facility. | 9 | | "Facility" means a specialized mental health | 10 | | rehabilitation facility that provides at least one of the | 11 | | following services: (1) triage center; (2) crisis | 12 | | stabilization; (3) recovery and rehabilitation supports; or | 13 | | (4) transitional living units for 3 or more persons. The | 14 | | facility shall provide a 24-hour program that provides | 15 | | intensive support and recovery services designed to assist | 16 | | persons, 18 years or older, with mental disorders to develop | 17 | | the skills to become self-sufficient and capable of increasing | 18 | | levels of independent functioning. It includes facilities that | 19 | | meet the following criteria: | 20 | | (1) 100% of the consumer population of the facility | 21 | | has a diagnosis of serious mental illness; | 22 | | (2) no more than 15% of the consumer population of the | 23 | | facility is 65 years of age or older; | 24 | | (3) none of the consumers are non-ambulatory; | 25 | | (4) none of the consumers have a primary diagnosis of | 26 | | moderate, severe, or profound intellectual disability; and |
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| 1 | | (5) the facility must have been licensed under the | 2 | | Specialized Mental Health Rehabilitation Act or the | 3 | | Nursing Home Care Act immediately preceding July 22, 2013 | 4 | | (the effective date of this Act) and qualifies as an | 5 | | institute for mental disease under the federal definition | 6 | | of the term. | 7 | | "Facility" does not include the following: | 8 | | (1) a home, institution, or place operated by the | 9 | | federal government or agency thereof, or by the State of | 10 | | Illinois; | 11 | | (2) a hospital, sanitarium, or other institution whose | 12 | | principal activity or business is the diagnosis, care, and | 13 | | treatment of human illness through the maintenance and | 14 | | operation as organized facilities therefor which is | 15 | | required to be licensed under the Hospital Licensing Act; | 16 | | (3) a facility for child care as defined in the Child | 17 | | Care Act of 1969; | 18 | | (4) a community living facility as defined in the | 19 | | Community Living Facilities Licensing Act; | 20 | | (5) a nursing home or sanatorium operated solely by | 21 | | and for persons who rely exclusively upon treatment by | 22 | | spiritual means through prayer, in accordance with the | 23 | | creed or tenets of any well-recognized church or religious | 24 | | denomination; however, such nursing home or sanatorium | 25 | | shall comply with all local laws and rules relating to | 26 | | sanitation and safety; |
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| 1 | | (6) a facility licensed by the Department of Human | 2 | | Services as a community-integrated living arrangement as | 3 | | defined in the Community-Integrated Living Arrangements | 4 | | Licensure and Certification Act; | 5 | | (7) a supportive residence licensed under the | 6 | | Supportive Residences Licensing Act; | 7 | | (8) a supportive living facility in good standing with | 8 | | the program established under Section 5-5.01a of the | 9 | | Illinois Public Aid Code, except only for purposes of the | 10 | | employment of persons in accordance with Section 3-206.01 | 11 | | of the Nursing Home Care Act; | 12 | | (9) an assisted living or shared housing establishment | 13 | | licensed under the Assisted Living and Shared Housing Act, | 14 | | except only for purposes of the employment of persons in | 15 | | accordance with Section 3-206.01 of the Nursing Home Care | 16 | | Act; | 17 | | (10) an Alzheimer's disease management center | 18 | | alternative health care model licensed under the | 19 | | Alternative Health Care Delivery Act; | 20 | | (11) a home, institution, or other place operated by | 21 | | or under the authority of the Illinois Department of | 22 | | Veterans' Affairs; | 23 | | (12) a facility licensed under the ID/DD Community | 24 | | Care Act; | 25 | | (13) a facility licensed under the Nursing Home Care | 26 | | Act after July 22, 2013 (the effective date of this Act); |
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| 1 | | or | 2 | | (14) a facility licensed under the MC/DD Act. | 3 | | "Executive director" means a person who is charged with | 4 | | the general administration and supervision of a facility | 5 | | licensed under this Act and who is a licensed nursing home | 6 | | administrator, licensed practitioner of the healing arts, or | 7 | | qualified mental health professional. | 8 | | "Guardian" means a person appointed as a guardian of the | 9 | | person or guardian of the estate, or both, of a consumer under | 10 | | the Probate Act of 1975. | 11 | | "Identified offender" means a person who meets any of the | 12 | | following criteria: | 13 | | (1) Has been convicted of, found guilty of, | 14 | | adjudicated delinquent for, found not guilty by reason of | 15 | | insanity for, or found unfit to stand trial for, any | 16 | | felony offense listed in Section 25 of the Health Care | 17 | | Worker Background Check Act, except for the following: | 18 | | (i) a felony offense described in Section 10-5 of | 19 | | the Nurse Practice Act; | 20 | | (ii) a felony offense described in Section 4, 5, | 21 | | 6, 8, or 17.02 of the Illinois Credit Card and Debit | 22 | | Card Act; | 23 | | (iii) a felony offense described in Section 5, | 24 | | 5.1, 5.2, 7, or 9 of the Cannabis Control Act; | 25 | | (iv) a felony offense described in Section 401, | 26 | | 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois |
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| 1 | | Controlled Substances Act; and | 2 | | (v) a felony offense described in the | 3 | | Methamphetamine Control and Community Protection Act. | 4 | | (2) Has been convicted of, adjudicated delinquent
for, | 5 | | found not guilty by reason of insanity for, or found unfit | 6 | | to stand trial for, any sex offense as defined in | 7 | | subsection (c) of Section 10 of the Sex Offender | 8 | | Management Board Act. | 9 | | "Transitional living units" are residential units within a | 10 | | facility that have the purpose of assisting the consumer in | 11 | | developing and reinforcing the necessary skills to live | 12 | | independently outside of the facility. The duration of stay in | 13 | | such a setting shall not exceed 120 days for each consumer. | 14 | | Nothing in this definition shall be construed to be a | 15 | | prerequisite for transitioning out of a facility. | 16 | | "Licensee" means the person, persons, firm, partnership, | 17 | | association, organization, company, corporation, or business | 18 | | trust to which a license has been issued. | 19 | | "Misappropriation of a consumer's property" means the | 20 | | deliberate misplacement, exploitation, or wrongful temporary | 21 | | or permanent use of a consumer's belongings or money without | 22 | | the consent of a consumer or his or her guardian. | 23 | | "Neglect" means a facility's failure to provide, or | 24 | | willful withholding of, adequate medical care, mental health | 25 | | treatment, psychiatric rehabilitation, personal care, or | 26 | | assistance that is necessary to avoid physical harm and mental |
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| 1 | | anguish of a consumer. | 2 | | "Personal care" means assistance with meals, dressing, | 3 | | movement, bathing, or other personal needs, maintenance, or | 4 | | general supervision and oversight of the physical and mental | 5 | | well-being of an individual who is incapable of maintaining a | 6 | | private, independent residence or who is incapable of managing | 7 | | his or her person, whether or not a guardian has been appointed | 8 | | for such individual. "Personal care" shall not be construed to | 9 | | confine or otherwise constrain a facility's pursuit to develop | 10 | | the skills and abilities of a consumer to become | 11 | | self-sufficient and capable of increasing levels of | 12 | | independent functioning. | 13 | | "Recovery and rehabilitation supports" means a program | 14 | | that facilitates a consumer's longer-term symptom management | 15 | | and stabilization while preparing the consumer for | 16 | | transitional living units by improving living skills and | 17 | | community socialization. The duration of stay in such a | 18 | | setting shall be established by the Department by rule. | 19 | | "Restraint" means: | 20 | | (i) a physical restraint that is any manual method or
| 21 | | physical or mechanical device, material, or equipment | 22 | | attached or adjacent to a consumer's body that the | 23 | | consumer cannot remove easily and restricts freedom of | 24 | | movement or normal access to one's body; devices used for | 25 | | positioning, including, but not limited to, bed rails, | 26 | | gait belts, and cushions, shall not be considered to be |
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| 1 | | restraints for purposes of this Section; or | 2 | | (ii) a chemical restraint that is any drug used for
| 3 | | discipline or convenience and not required to treat | 4 | | medical symptoms; the Department shall, by rule, designate | 5 | | certain devices as restraints, including at least all | 6 | | those devices that have been determined to be restraints | 7 | | by the United States Department of Health and Human | 8 | | Services in interpretive guidelines issued for the | 9 | | purposes of administering Titles XVIII and XIX of the | 10 | | federal Social Security Act. For the purposes of this Act, | 11 | | restraint shall be administered only after utilizing a | 12 | | coercive free environment and culture. | 13 | | "Self-administration of medication" means consumers shall | 14 | | be responsible for the control, management, and use of their | 15 | | own medication. | 16 | | "Crisis stabilization" means a secure and separate unit | 17 | | that provides short-term behavioral, emotional, or psychiatric | 18 | | crisis stabilization as an alternative to hospitalization or | 19 | | re-hospitalization for consumers from residential or community | 20 | | placement. The duration of stay in such a setting shall not | 21 | | exceed 21 days for each consumer. | 22 | | "Therapeutic separation" means the removal of a consumer | 23 | | from the milieu to a room or area which is designed to aid in | 24 | | the emotional or psychiatric stabilization of that consumer. | 25 | | "Triage center" means a non-residential 23-hour center | 26 | | that serves as an alternative to emergency room care, |
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| 1 | | hospitalization, or re-hospitalization for consumers in need | 2 | | of short-term crisis stabilization. Consumers may access a | 3 | | triage center from a number of referral sources, including | 4 | | family, emergency rooms, hospitals, community behavioral | 5 | | health providers, federally qualified health providers, or | 6 | | schools, including colleges or universities. A triage center | 7 | | may be located in a building separate from the licensed | 8 | | location of a facility, but shall not be more than 1,000 feet | 9 | | from the licensed location of the facility and must meet all of | 10 | | the facility standards applicable to the licensed location. If | 11 | | the triage center does operate in a separate building, safety | 12 | | personnel shall be provided, on site, 24 hours per day and the | 13 | | triage center shall meet all other staffing requirements | 14 | | without counting any staff employed in the main facility | 15 | | building.
| 16 | | (Source: P.A. 99-180, eff. 7-29-15; 100-201, eff. 8-18-17; | 17 | | 100-365, eff. 8-25-17.)".
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