Full Text of SB0586 102nd General Assembly
SB0586 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0586 Introduced 2/24/2021, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
|
405 ILCS 5/1-114 | from Ch. 91 1/2, par. 1-114 |
405 ILCS 5/2-200 | from Ch. 91 1/2, par. 2-200 |
|
Amends the Mental Health and Developmental Disabilities Code. Provides that an otherwise qualifying facility shall not be considered to be a "mental health facility" for purposes relating to a person whose admission is solely for the purpose of receiving treatment for a condition other than a mental illness; provided any mental health treatment that is provided is limited to mental health treatment: (i) voluntarily agreed to by the person prior to the current facility admission; (ii) that is the receipt of medications ordered to treat or prevent complications or side effects of medical treatment, including the administration of anti-anxiety medications to surgical patients and patients on mechanical ventilation; or (iii) that is solely an evaluation of the psychological condition of the recipient. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB0586 | | LRB102 04032 RLC 14048 b |
|
| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Sections 1-114 and | 6 | | 2-200 as follows:
| 7 | | (405 ILCS 5/1-114) (from Ch. 91 1/2, par. 1-114)
| 8 | | Sec. 1-114.
"Mental health facility" means any licensed | 9 | | private hospital,
institution, or facility or section thereof, | 10 | | and any facility, or section
thereof, operated by the State or | 11 | | a political subdivision thereof for the
treatment of persons | 12 | | with mental illness and includes all hospitals,
institutions, | 13 | | clinics, evaluation facilities, and mental health centers | 14 | | which
provide treatment for such persons. However, a facility | 15 | | shall not constitute a mental health facility for a person | 16 | | whose admission is solely for the purpose of receiving | 17 | | treatment for a condition other than a mental illness; | 18 | | provided any mental health treatment that is provided is | 19 | | limited to mental health treatment: | 20 | | (i) voluntarily agreed to by the person prior to the | 21 | | current facility admission; | 22 | | (ii) that is the receipt of medications ordered to treat | 23 | | or prevent complications or side effects of medical treatment, |
| | | SB0586 | - 2 - | LRB102 04032 RLC 14048 b |
|
| 1 | | including the administration of anti-anxiety medications to | 2 | | surgical patients and patients on mechanical ventilation; or | 3 | | (iii) that is solely an evaluation of the psychological | 4 | | condition of the recipient.
| 5 | | (Source: P.A. 88-380.)
| 6 | | (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
| 7 | | Sec. 2-200. (a) Upon commencement of services, or as soon | 8 | | thereafter as
the condition of the recipient permits, every | 9 | | adult recipient, as well as the
recipient's guardian or | 10 | | substitute decision maker, and every recipient who is
12
years | 11 | | of age or older and the parent or guardian of a minor or person
| 12 | | under guardianship shall be informed orally and in writing of | 13 | | the rights
guaranteed by this Chapter which are relevant to | 14 | | the nature of the
recipient's services
program. Every facility | 15 | | shall also post conspicuously in public areas
a summary of the | 16 | | rights which are relevant to the services delivered by
that | 17 | | facility as well as contact information for the Guardianship | 18 | | and Advocacy Commission and the agency designated by the | 19 | | Governor under Section 1 of the Protection and Advocacy for | 20 | | Persons with Developmental
Disabilities Act. The requirement | 21 | | that the information be posted does not apply to a facility, or | 22 | | section of a facility, in which the majority of the persons are | 23 | | not receiving mental health services.
| 24 | | (b) A recipient who is 12 years of age or older and the | 25 | | parent or guardian
of a minor or person under guardianship at |
| | | SB0586 | - 3 - | LRB102 04032 RLC 14048 b |
|
| 1 | | any time may designate, and upon
commencement of services | 2 | | shall be informed of the right to designate, a
person or agency | 3 | | to receive notice under Section 2-201 or to direct that
no | 4 | | information about the recipient be disclosed to any person or | 5 | | agency.
| 6 | | (c) Upon commencement of services, or as soon thereafter | 7 | | as the
condition of the recipient permits, the facility shall | 8 | | ask the adult
recipient or minor recipient admitted pursuant | 9 | | to Section 3-502 whether the
recipient wants the facility to | 10 | | contact the recipient's spouse, parents,
guardian, close | 11 | | relatives, friends, attorney, advocate from the
Guardianship | 12 | | and Advocacy Commission or the agency designated by the
| 13 | | Governor under Section 1 of the Protection and Advocacy for | 14 | | Persons with Developmental
Disabilities Act, or others and
| 15 | | inform them of the recipient's presence at the facility. The | 16 | | facility
shall by phone or by mail contact at least two of | 17 | | those people designated
by the recipient and shall inform them | 18 | | of the recipient's location. If the
recipient so requests, the | 19 | | facility shall also inform them of how to
contact the | 20 | | recipient.
| 21 | | (d) Upon commencement of services, or as soon thereafter | 22 | | as the condition
of the recipient permits, the facility shall | 23 | | advise the recipient as to the
circumstances under which the | 24 | | law permits the use of emergency forced
medication or | 25 | | electroconvulsive therapy under subsection (a) of Section | 26 | | 2-107, restraint under Section
2-108, or seclusion under |
| | | SB0586 | - 4 - | LRB102 04032 RLC 14048 b |
|
| 1 | | Section 2-109. At the same time, the facility shall
inquire of | 2 | | the recipient which form of intervention the recipient would | 3 | | prefer
if any of these circumstances should arise. The | 4 | | recipient's preference shall
be noted in the recipient's | 5 | | record and communicated by the facility to the
recipient's | 6 | | guardian or substitute decision maker, if any, and any other
| 7 | | individual designated by the recipient. If any such | 8 | | circumstances subsequently
do arise, the facility shall give | 9 | | due consideration to the preferences of the
recipient | 10 | | regarding which form of intervention to use as communicated to | 11 | | the
facility by the recipient or as stated in the recipient's | 12 | | advance directive.
| 13 | | (Source: P.A. 100-915, eff. 1-1-19 .)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
|
|