Rep. Deb Conroy

Filed: 3/29/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 3617, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Specialized Mental Health Rehabilitation
6Act 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,
9unless the context otherwise requires:
10    "Abuse" means any physical or mental injury or sexual
11assault inflicted on a consumer other than by accidental means
12in 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,
6nationally certified as a mental health or psychiatric nurse
7practitioner and licensed under the Nurse Practice Act. For
8the purposes of this Act, any required psychiatric visit to a
9consumer may be conducted by an APRN or by a physician.
10    "Applicant" means any person making application for a
11license or a provisional license under this Act.
12    "Consumer" means a person, 18 years of age or older,
13admitted to a mental health rehabilitation facility for
14evaluation, observation, diagnosis, treatment, stabilization,
15recovery, 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
12information on the care, treatment, and rehabilitation
13services rendered to a consumer in a specialized mental health
14rehabilitation facility.
15    "Controlled drugs" means those drugs covered under the
16federal Comprehensive Drug Abuse Prevention Control Act of
171970, 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
21    "Drug administration" means the act in which a single dose
22of a prescribed drug or biological is given to a consumer. The
23complete act of administration entails removing an individual
24dose from a container, verifying the dose with the
25prescriber's orders, giving the individual dose to the
26consumer, and promptly recording the time and dose given.



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1    "Drug dispensing" means the act entailing the following of
2a prescription order for a drug or biological and proper
3selection, measuring, packaging, labeling, and issuance of the
4drug or biological to a consumer.
5    "Emergency" means a situation, physical condition, or one
6or more practices, methods, or operations which present
7imminent danger of death or serious physical or mental harm to
8consumers of a facility.
9    "Facility" means a specialized mental health
10rehabilitation facility that provides at least one of the
11following services: (1) triage center; (2) crisis
12stabilization; (3) recovery and rehabilitation supports; or
13(4) transitional living units for 3 or more persons. The
14facility shall provide a 24-hour program that provides
15intensive support and recovery services designed to assist
16persons, 18 years or older, with mental disorders to develop
17the skills to become self-sufficient and capable of increasing
18levels of independent functioning. It includes facilities that
19meet 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
4the general administration and supervision of a facility
5licensed under this Act and who is a licensed nursing home
6administrator, licensed practitioner of the healing arts, or
7qualified mental health professional.
8    "Guardian" means a person appointed as a guardian of the
9person or guardian of the estate, or both, of a consumer under
10the Probate Act of 1975.
11    "Identified offender" means a person who meets any of the
12following 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
10facility that have the purpose of assisting the consumer in
11developing and reinforcing the necessary skills to live
12independently outside of the facility. The duration of stay in
13such a setting shall not exceed 120 days for each consumer.
14Nothing in this definition shall be construed to be a
15prerequisite for transitioning out of a facility.
16    "Licensee" means the person, persons, firm, partnership,
17association, organization, company, corporation, or business
18trust to which a license has been issued.
19    "Misappropriation of a consumer's property" means the
20deliberate misplacement, exploitation, or wrongful temporary
21or permanent use of a consumer's belongings or money without
22the consent of a consumer or his or her guardian.
23    "Neglect" means a facility's failure to provide, or
24willful withholding of, adequate medical care, mental health
25treatment, psychiatric rehabilitation, personal care, or
26assistance that is necessary to avoid physical harm and mental



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1anguish of a consumer.
2    "Personal care" means assistance with meals, dressing,
3movement, bathing, or other personal needs, maintenance, or
4general supervision and oversight of the physical and mental
5well-being of an individual who is incapable of maintaining a
6private, independent residence or who is incapable of managing
7his or her person, whether or not a guardian has been appointed
8for such individual. "Personal care" shall not be construed to
9confine or otherwise constrain a facility's pursuit to develop
10the skills and abilities of a consumer to become
11self-sufficient and capable of increasing levels of
12independent functioning.
13    "Recovery and rehabilitation supports" means a program
14that facilitates a consumer's longer-term symptom management
15and stabilization while preparing the consumer for
16transitional living units by improving living skills and
17community socialization. The duration of stay in such a
18setting 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
14be responsible for the control, management, and use of their
15own medication.
16    "Crisis stabilization" means a secure and separate unit
17that provides short-term behavioral, emotional, or psychiatric
18crisis stabilization as an alternative to hospitalization or
19re-hospitalization for consumers from residential or community
20placement. The duration of stay in such a setting shall not
21exceed 21 days for each consumer.
22    "Therapeutic separation" means the removal of a consumer
23from the milieu to a room or area which is designed to aid in
24the emotional or psychiatric stabilization of that consumer.
25    "Triage center" means a non-residential 23-hour center
26that serves as an alternative to emergency room care,



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1hospitalization, or re-hospitalization for consumers in need
2of short-term crisis stabilization. Consumers may access a
3triage center from a number of referral sources, including
4family, emergency rooms, hospitals, community behavioral
5health providers, federally qualified health providers, or
6schools, including colleges or universities. A triage center
7may be located in a building separate from the licensed
8location of a facility, but shall not be more than 1,000 feet
9from the licensed location of the facility and must meet all of
10the facility standards applicable to the licensed location. If
11the triage center does operate in a separate building, safety
12personnel shall be provided, on site, 24 hours per day and the
13triage center shall meet all other staffing requirements
14without counting any staff employed in the main facility
16(Source: P.A. 99-180, eff. 7-29-15; 100-201, eff. 8-18-17;
17100-365, eff. 8-25-17.)".