Illinois General Assembly - Full Text of SB3617
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Full Text of SB3617  102nd General Assembly

SB3617ham003 102ND GENERAL ASSEMBLY

Rep. Deb Conroy

Filed: 3/29/2022

 

 


 

 


 
10200SB3617ham003LRB102 22973 JDS 38271 a

1
AMENDMENT TO SENATE BILL 3617

2    AMENDMENT NO. ______. Amend Senate Bill 3617, on page 13,
3immediately below line 19, by inserting the following:
 
4    "Section 5-5. The Specialized Mental Health Rehabilitation
5Act of 2013 is amended by changing Sections 1-102 and 2-102.5
6as 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;

 

 

10200SB3617ham003- 2 -LRB102 22973 JDS 38271 a

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.
8    "Applicant" means any person making application for a
9license or a provisional license under this Act.
10    "Consumer" means a person, 18 years of age or older,
11admitted to a mental health rehabilitation facility for
12evaluation, observation, diagnosis, treatment, stabilization,
13recovery, and rehabilitation.
14    "Consumer" does not mean any of the following:
15        (i) an individual requiring a locked setting;
16        (ii) an individual requiring psychiatric
17    hospitalization because of an acute psychiatric crisis;
18        (iii) an individual under 18 years of age;
19        (iv) an individual who is actively suicidal or violent
20    toward others;
21        (v) an individual who has been found unfit to stand
22    trial;
23        (vi) an individual who has been found not guilty by
24    reason of insanity based on committing a violent act, such
25    as sexual assault, assault with a deadly weapon, arson, or
26    murder;

 

 

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1        (vii) an individual subject to temporary detention and
2    examination under Section 3-607 of the Mental Health and
3    Developmental Disabilities Code;
4        (viii) an individual deemed clinically appropriate for
5    inpatient admission in a State psychiatric hospital; and
6        (ix) an individual transferred by the Department of
7    Corrections pursuant to Section 3-8-5 of the Unified Code
8    of Corrections.
9    "Consumer record" means a record that organizes all
10information on the care, treatment, and rehabilitation
11services rendered to a consumer in a specialized mental health
12rehabilitation facility.
13    "Controlled drugs" means those drugs covered under the
14federal Comprehensive Drug Abuse Prevention Control Act of
151970, as amended, or the Illinois Controlled Substances Act.
16    "Department" means the Department of Public Health.
17    "Discharge" means the full release of any consumer from a
18facility.
19    "Drug administration" means the act in which a single dose
20of a prescribed drug or biological is given to a consumer. The
21complete act of administration entails removing an individual
22dose from a container, verifying the dose with the
23prescriber's orders, giving the individual dose to the
24consumer, and promptly recording the time and dose given.
25    "Drug dispensing" means the act entailing the following of
26a prescription order for a drug or biological and proper

 

 

10200SB3617ham003- 4 -LRB102 22973 JDS 38271 a

1selection, measuring, packaging, labeling, and issuance of the
2drug or biological to a consumer.
3    "Emergency" means a situation, physical condition, or one
4or more practices, methods, or operations which present
5imminent danger of death or serious physical or mental harm to
6consumers of a facility.
7    "Facility" means a specialized mental health
8rehabilitation facility that provides at least one of the
9following services: (1) triage center; (2) crisis
10stabilization; (3) recovery and rehabilitation supports; or
11(4) transitional living units for 3 or more persons. The
12facility shall provide a 24-hour program that provides
13intensive support and recovery services designed to assist
14persons, 18 years or older, with mental disorders to develop
15the skills to become self-sufficient and capable of increasing
16levels of independent functioning. It includes facilities that
17meet the following criteria:
18        (1) 100% of the consumer population of the facility
19    has a diagnosis of serious mental illness;
20        (2) no more than 15% of the consumer population of the
21    facility is 65 years of age or older;
22        (3) none of the consumers are non-ambulatory;
23        (4) none of the consumers have a primary diagnosis of
24    moderate, severe, or profound intellectual disability; and
25        (5) the facility must have been licensed under the
26    Specialized Mental Health Rehabilitation Act or the

 

 

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1    Nursing Home Care Act immediately preceding July 22, 2013
2    (the effective date of this Act) and qualifies as an
3    institute for mental disease under the federal definition
4    of the term.
5    "Facility" does not include the following:
6        (1) a home, institution, or place operated by the
7    federal government or agency thereof, or by the State of
8    Illinois;
9        (2) a hospital, sanitarium, or other institution whose
10    principal activity or business is the diagnosis, care, and
11    treatment of human illness through the maintenance and
12    operation as organized facilities therefor which is
13    required to be licensed under the Hospital Licensing Act;
14        (3) a facility for child care as defined in the Child
15    Care Act of 1969;
16        (4) a community living facility as defined in the
17    Community Living Facilities Licensing Act;
18        (5) a nursing home or sanatorium operated solely by
19    and for persons who rely exclusively upon treatment by
20    spiritual means through prayer, in accordance with the
21    creed or tenets of any well-recognized church or religious
22    denomination; however, such nursing home or sanatorium
23    shall comply with all local laws and rules relating to
24    sanitation and safety;
25        (6) a facility licensed by the Department of Human
26    Services as a community-integrated living arrangement as

 

 

10200SB3617ham003- 6 -LRB102 22973 JDS 38271 a

1    defined in the Community-Integrated Living Arrangements
2    Licensure and Certification Act;
3        (7) a supportive residence licensed under the
4    Supportive Residences Licensing Act;
5        (8) a supportive living facility in good standing with
6    the program established under Section 5-5.01a of the
7    Illinois Public Aid Code, except only for purposes of the
8    employment of persons in accordance with Section 3-206.01
9    of the Nursing Home Care Act;
10        (9) an assisted living or shared housing establishment
11    licensed under the Assisted Living and Shared Housing Act,
12    except only for purposes of the employment of persons in
13    accordance with Section 3-206.01 of the Nursing Home Care
14    Act;
15        (10) an Alzheimer's disease management center
16    alternative health care model licensed under the
17    Alternative Health Care Delivery Act;
18        (11) a home, institution, or other place operated by
19    or under the authority of the Illinois Department of
20    Veterans' Affairs;
21        (12) a facility licensed under the ID/DD Community
22    Care Act;
23        (13) a facility licensed under the Nursing Home Care
24    Act after July 22, 2013 (the effective date of this Act);
25    or
26        (14) a facility licensed under the MC/DD Act.

 

 

10200SB3617ham003- 7 -LRB102 22973 JDS 38271 a

1    "Executive director" means a person who is charged with
2the general administration and supervision of a facility
3licensed under this Act and who is a licensed nursing home
4administrator, licensed practitioner of the healing arts, or
5qualified mental health professional.
6    "Guardian" means a person appointed as a guardian of the
7person or guardian of the estate, or both, of a consumer under
8the Probate Act of 1975.
9    "Identified offender" means a person who meets any of the
10following criteria:
11        (1) Has been convicted of, found guilty of,
12    adjudicated delinquent for, found not guilty by reason of
13    insanity for, or found unfit to stand trial for, any
14    felony offense listed in Section 25 of the Health Care
15    Worker Background Check Act, except for the following:
16            (i) a felony offense described in Section 10-5 of
17        the Nurse Practice Act;
18            (ii) a felony offense described in Section 4, 5,
19        6, 8, or 17.02 of the Illinois Credit Card and Debit
20        Card Act;
21            (iii) a felony offense described in Section 5,
22        5.1, 5.2, 7, or 9 of the Cannabis Control Act;
23            (iv) a felony offense described in Section 401,
24        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
25        Controlled Substances Act; and
26            (v) a felony offense described in the

 

 

10200SB3617ham003- 8 -LRB102 22973 JDS 38271 a

1        Methamphetamine Control and Community Protection Act.
2        (2) Has been convicted of, adjudicated delinquent for,
3    found not guilty by reason of insanity for, or found unfit
4    to stand trial for, any sex offense as defined in
5    subsection (c) of Section 10 of the Sex Offender
6    Management Board Act.
7    "Transitional living units" are residential units within a
8facility that have the purpose of assisting the consumer in
9developing and reinforcing the necessary skills to live
10independently outside of the facility. The duration of stay in
11such a setting shall not exceed 120 days for each consumer.
12Nothing in this definition shall be construed to be a
13prerequisite for transitioning out of a facility.
14    "Licensee" means the person, persons, firm, partnership,
15association, organization, company, corporation, or business
16trust to which a license has been issued.
17    "Misappropriation of a consumer's property" means the
18deliberate misplacement, exploitation, or wrongful temporary
19or permanent use of a consumer's belongings or money without
20the consent of a consumer or his or her guardian.
21    "Neglect" means a facility's failure to provide, or
22willful withholding of, adequate medical care, mental health
23treatment, psychiatric rehabilitation, personal care, or
24assistance that is necessary to avoid physical harm and mental
25anguish of a consumer.
26    "Personal care" means assistance with meals, dressing,

 

 

10200SB3617ham003- 9 -LRB102 22973 JDS 38271 a

1movement, bathing, or other personal needs, maintenance, or
2general supervision and oversight of the physical and mental
3well-being of an individual who is incapable of maintaining a
4private, independent residence or who is incapable of managing
5his or her person, whether or not a guardian has been appointed
6for such individual. "Personal care" shall not be construed to
7confine or otherwise constrain a facility's pursuit to develop
8the skills and abilities of a consumer to become
9self-sufficient and capable of increasing levels of
10independent functioning.
11    "Recovery and rehabilitation supports" means a program
12that facilitates a consumer's longer-term symptom management
13and stabilization while preparing the consumer for
14transitional living units by improving living skills and
15community socialization. The duration of stay in such a
16setting shall be established by the Department by rule.
17    "Restraint" means:
18        (i) a physical restraint that is any manual method or
19    physical or mechanical device, material, or equipment
20    attached or adjacent to a consumer's body that the
21    consumer cannot remove easily and restricts freedom of
22    movement or normal access to one's body; devices used for
23    positioning, including, but not limited to, bed rails,
24    gait belts, and cushions, shall not be considered to be
25    restraints for purposes of this Section; or
26        (ii) a chemical restraint that is any drug used for

 

 

10200SB3617ham003- 10 -LRB102 22973 JDS 38271 a

1    discipline or convenience and not required to treat
2    medical symptoms; the Department shall, by rule, designate
3    certain devices as restraints, including at least all
4    those devices that have been determined to be restraints
5    by the United States Department of Health and Human
6    Services in interpretive guidelines issued for the
7    purposes of administering Titles XVIII and XIX of the
8    federal Social Security Act. For the purposes of this Act,
9    restraint shall be administered only after utilizing a
10    coercive free environment and culture.
11    "Self-administration of medication" means consumers shall
12be responsible for the control, management, and use of their
13own medication.
14    "Crisis stabilization" means a secure and separate unit
15that provides short-term behavioral, emotional, or psychiatric
16crisis stabilization as an alternative to hospitalization or
17re-hospitalization for consumers from residential or community
18placement. The duration of stay in such a setting shall not
19exceed 21 days for each consumer.
20    "Therapeutic separation" means the removal of a consumer
21from the milieu to a room or area which is designed to aid in
22the emotional or psychiatric stabilization of that consumer.
23    "Triage center" means a non-residential 23-hour center
24that serves as an alternative to emergency room care,
25hospitalization, or re-hospitalization for consumers in need
26of short-term crisis stabilization. Consumers may access a

 

 

10200SB3617ham003- 11 -LRB102 22973 JDS 38271 a

1triage center from a number of referral sources, including
2family, emergency rooms, hospitals, community behavioral
3health providers, federally qualified health providers, or
4schools, including colleges or universities. A triage center
5may be located in a building separate from the licensed
6location of a facility, but shall not be more than 1,000 feet
7from the licensed location of the facility and must meet all of
8the facility standards applicable to the licensed location. If
9the triage center does operate in a separate building, safety
10personnel shall be provided, on site, 24 hours per day and the
11triage center shall meet all other staffing requirements
12without counting any staff employed in the main facility
13building.
14(Source: P.A. 99-180, eff. 7-29-15; 100-201, eff. 8-18-17;
15100-365, eff. 8-25-17.)
 
16    (210 ILCS 49/2-102.5 new)
17    Sec. 2-102.5. Psychiatric visits. For the purposes of this
18Act, any required psychiatric visit to a consumer may be
19conducted by an APRN or by a physician.".