Full Text of HB3310 95th General Assembly
HB3310 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3310
Introduced 2/26/2007, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
|
405 ILCS 80/3-3 |
from Ch. 91 1/2, par. 1803-3 |
|
Amends the Developmental Disability and Mental Disability Services Act.
Makes a technical change in a Section concerning definitions.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB3310 |
|
LRB095 06258 DRJ 26352 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 Developmental Disability and Mental | 5 |
| Disability Services Act is amended by changing Section 3-3 as | 6 |
| follows:
| 7 |
| (405 ILCS 80/3-3) (from Ch. 91 1/2, par. 1803-3)
| 8 |
| Sec. 3-3. As used in this Article, unless the context | 9 |
| requires otherwise:
| 10 |
| (a) "Agency" means an agency or entity licensed by the
the
| 11 |
| Department
pursuant to this Article or pursuant to the | 12 |
| Community Residential
Alternatives Licensing Act. | 13 |
| (b) "Department" means the Department of Human Services, as | 14 |
| successor to
the Department of Mental Health and Developmental | 15 |
| Disabilities.
| 16 |
| (c) "Department-funded out-of-home placement services" | 17 |
| means those
services for which the Department pays the partial | 18 |
| or full cost of care of
the residential placement.
| 19 |
| (d) "Family" or "families" means a family member or members | 20 |
| and his, her
or their parents or legal guardians.
| 21 |
| (e) "Family member" means a child 17 years old or younger | 22 |
| who has one of
the following conditions: severe autism, severe | 23 |
| emotional disturbance,
severe or profound mental retardation, |
|
|
|
HB3310 |
- 2 - |
LRB095 06258 DRJ 26352 b |
|
| 1 |
| or severe and multiple
impairments.
| 2 |
| (f) "Legal guardian" means a person appointed by a court of | 3 |
| competent
jurisdiction to exercise certain powers on behalf of | 4 |
| a family member and
with whom the family member resides.
| 5 |
| (g) "Parent" means a biological or adoptive parent with | 6 |
| whom the family
member resides, or a person licensed as a | 7 |
| foster parent under the laws of
this State, acting as a family | 8 |
| member's foster parent, and with whom the
family member | 9 |
| resides.
| 10 |
| (h) "Severe autism" means a lifelong developmental | 11 |
| disability which is
typically manifested before 30 months of | 12 |
| age and is characterized by
severe disturbances in reciprocal | 13 |
| social interactions; verbal and
nonverbal communication and | 14 |
| imaginative activity; and repertoire of
activities and | 15 |
| interests. A person shall be determined severely autistic,
for | 16 |
| purposes of this Article, if both of the following are present:
| 17 |
| (1) Diagnosis consistent with the criteria for | 18 |
| autistic disorder in
the current edition of the Diagnostic | 19 |
| and Statistical Manual of Mental
Disorders;
| 20 |
| (2) Severe disturbances in reciprocal social | 21 |
| interactions; verbal and
nonverbal communication and | 22 |
| imaginative activity; and repertoire of activities
and | 23 |
| interests. A determination of severe autism shall be based | 24 |
| upon a
comprehensive, documented assessment with an | 25 |
| evaluation by a licensed
clinical psychologist or | 26 |
| psychiatrist. A determination of severe autism
shall not be |
|
|
|
HB3310 |
- 3 - |
LRB095 06258 DRJ 26352 b |
|
| 1 |
| based solely on behaviors relating to environmental, | 2 |
| cultural
or economic differences.
| 3 |
| (i) "Severe mental illness" means the manifestation of all | 4 |
| of the
following characteristics:
| 5 |
| (1) a severe mental illness characterized by the | 6 |
| presence of a mental
disorder in children or adolescents, | 7 |
| classified in the Diagnostic and
Statistical Manual of | 8 |
| Mental Disorders (Third Edition - Revised), as now or
| 9 |
| hereafter revised, excluding V-codes (as that term is used | 10 |
| in the current
edition of the Diagnostic and Statistical | 11 |
| Manual of Mental Disorders),
adjustment disorders, mental | 12 |
| retardation when no other mental disorder is
present, | 13 |
| alcohol or substance abuse, or other forms of dementia | 14 |
| based upon
organic or physical disorders; and
| 15 |
| (2) a functional disability of an extended duration | 16 |
| which results in
substantial limitations in major life | 17 |
| activities.
| 18 |
| A determination of severe mental illness shall be based | 19 |
| upon a
comprehensive, documented assessment with an evaluation | 20 |
| by a licensed
clinical psychologist or a psychiatrist.
| 21 |
| (j) "Severe or profound mental retardation" means a | 22 |
| manifestation of all
of the following characteristics:
| 23 |
| (1) A diagnosis which meets Classification in Mental | 24 |
| Retardation or
criteria in the current edition of the | 25 |
| Diagnostic and Statistical Manual of
Mental Disorders for | 26 |
| severe or profound mental retardation (an IQ of 40 or
|
|
|
|
HB3310 |
- 4 - |
LRB095 06258 DRJ 26352 b |
|
| 1 |
| below). This must be measured by a standardized instrument | 2 |
| for general
intellectual functioning.
| 3 |
| (2) A severe or profound level of adaptive behavior. | 4 |
| This must be
measured by a standardized adaptive behavior | 5 |
| scale or informal appraisal by
the professional in keeping | 6 |
| with illustrations in Classification in Mental
| 7 |
| Retardation, 1983.
| 8 |
| (3) Disability diagnosed before age of 18.
| 9 |
| A determination of severe or profound mental retardation | 10 |
| shall be based
upon a comprehensive, documented assessment with | 11 |
| an evaluation by a
licensed clinical psychologist, certified | 12 |
| school psychologist, a
psychiatrist or other physician | 13 |
| licensed to practice medicine in all its
branches, and shall | 14 |
| not be based solely on behaviors relating to
environmental, | 15 |
| cultural or economic differences.
| 16 |
| (k) "Severe and multiple impairments" means the | 17 |
| manifestation of all the
following characteristics:
| 18 |
| (1) The evaluation determines the presence of a | 19 |
| developmental
disability which is expected to continue | 20 |
| indefinitely, constitutes a
substantial handicap and is | 21 |
| attributable to any of the following:
| 22 |
| (A) Mental retardation, which is defined as | 23 |
| general intellectual
functioning that is 2 or more | 24 |
| standard deviations below the mean
concurrent with | 25 |
| impairment of adaptive behavior which is 2 or more | 26 |
| standard
deviations below the mean. Assessment of the |
|
|
|
HB3310 |
- 5 - |
LRB095 06258 DRJ 26352 b |
|
| 1 |
| individual's intellectual
functioning must be measured | 2 |
| by a standardized instrument for general
intellectual | 3 |
| functioning.
| 4 |
| (B) Cerebral palsy.
| 5 |
| (C) Epilepsy.
| 6 |
| (D) Autism.
| 7 |
| (E) Any other condition which results in | 8 |
| impairment similar to that
caused by mental | 9 |
| retardation and which requires services similar to | 10 |
| those
required by mentally retarded persons.
| 11 |
| (2) The evaluation determines multiple handicaps in | 12 |
| physical, sensory,
behavioral or cognitive functioning | 13 |
| which constitute a severe or profound
impairment | 14 |
| attributable to one or more of the following:
| 15 |
| (A) Physical functioning, which severely impairs | 16 |
| the individual's
motor performance that may be due to:
| 17 |
| (i) Neurological, psychological or physical | 18 |
| involvement resulting in
a variety of disabling | 19 |
| conditions such as hemiplegia, quadriplegia or | 20 |
| ataxia,
| 21 |
| (ii) Severe organ systems involvement such as | 22 |
| congenital heart defect,
| 23 |
| (iii) Physical abnormalities resulting in the | 24 |
| individual being
non-mobile and non-ambulatory or | 25 |
| confined to bed and receiving assistance
in | 26 |
| transferring, or
|
|
|
|
HB3310 |
- 6 - |
LRB095 06258 DRJ 26352 b |
|
| 1 |
| (iv) The need for regular medical or nursing | 2 |
| supervision such as
gastrostomy care and feeding.
| 3 |
| Assessment of physical functioning must be based | 4 |
| on clinical medical
assessment, using the appropriate | 5 |
| instruments, techniques and standards of
measurement | 6 |
| required by the professional.
| 7 |
| (B) Sensory, which involves severe restriction due | 8 |
| to hearing or
visual impairment limiting the | 9 |
| individual's movement and creating
dependence in | 10 |
| completing most daily activities. Hearing impairment | 11 |
| is
defined as a loss of 70 decibels aided or speech | 12 |
| discrimination of less
than 50% aided. Visual | 13 |
| impairment is defined as 20/200 corrected in the
better | 14 |
| eye or a visual field of 20 degrees or less. Sensory | 15 |
| functioning
must be based on clinical medical | 16 |
| assessment using the appropriate
instruments, | 17 |
| techniques and standards of measurement required by | 18 |
| the
professional.
| 19 |
| (C) Behavioral, which involves behavior that is | 20 |
| maladaptive and presents
a danger to self or others, is | 21 |
| destructive to property by deliberately
breaking, | 22 |
| destroying or defacing objects, is disruptive by | 23 |
| fighting, or has
other socially offensive behaviors in | 24 |
| sufficient frequency or severity to
seriously limit | 25 |
| social integration. Assessment of behavioral | 26 |
| functioning
may be measured by a standardized scale or |
|
|
|
HB3310 |
- 7 - |
LRB095 06258 DRJ 26352 b |
|
| 1 |
| informal appraisal by the medical
professional.
| 2 |
| (D) Cognitive, which involves intellectual | 3 |
| functioning at a measured IQ
of 70 or below. Assessment | 4 |
| of cognitive functioning must be measured by a
| 5 |
| standardized instrument for general intelligence.
| 6 |
| (3) The evaluation determines that development is | 7 |
| substantially less
than expected for the age in cognitive, | 8 |
| affective or psychomotor behavior
as follows:
| 9 |
| (A) Cognitive, which involves intellectual | 10 |
| functioning at a measured
IQ of 70 or below. Assessment | 11 |
| of cognitive functioning must be measured by
a | 12 |
| standardized instrument for general intelligence.
| 13 |
| (B) Affective behavior, which involves over and | 14 |
| under responding to
stimuli in the environment and may | 15 |
| be observed in mood, attention to
awareness, or in | 16 |
| behaviors such as euphoria, anger or sadness that
| 17 |
| seriously limit integration into society. Affective | 18 |
| behavior must be based
on clinical medical and | 19 |
| psychiatric assessment using the appropriate
| 20 |
| instruments, techniques and
standards of measurement | 21 |
| required by the professional.
| 22 |
| (C) Psychomotor, which includes a severe | 23 |
| developmental delay in fine or
gross motor skills so | 24 |
| that development in self-care, social interaction,
| 25 |
| communication or physical activity will be greatly | 26 |
| delayed or restricted.
|
|
|
|
HB3310 |
- 8 - |
LRB095 06258 DRJ 26352 b |
|
| 1 |
| (4) A determination that the disability originated | 2 |
| before the age of
18 years.
| 3 |
| A determination of severe and multiple impairments shall be | 4 |
| based upon a
comprehensive, documented assessment with an | 5 |
| evaluation by a licensed
clinical psychologist or | 6 |
| psychiatrist. If the examiner is a licensed
clinical | 7 |
| psychologist, ancillary evaluation of physical impairment,
| 8 |
| cerebral palsy or epilepsy must be made by a physician licensed | 9 |
| to practice
medicine in all its branches.
| 10 |
| Regardless of the discipline of the examiner, ancillary | 11 |
| evaluation of
visual impairment must be made by an | 12 |
| ophthalmologist or a licensed optometrist.
| 13 |
| Regardless of the discipline of the examiner, ancillary | 14 |
| evaluation of
hearing impairment must be made by an | 15 |
| otolaryngologist or an audiologist
with a certificate of | 16 |
| clinical competency.
| 17 |
| The only exception to the above is in the case of a person | 18 |
| with cerebral
palsy or epilepsy who, according to the | 19 |
| eligibility criteria listed below,
has multiple impairments | 20 |
| which are only physical and sensory. In such a
case, a | 21 |
| physician licensed to practice medicine in all its branches may
| 22 |
| serve as the examiner.
| 23 |
| (Source: P.A. 89-507, eff. 7-1-97.)
|
|