(405 ILCS 5/2-102) (from Ch. 91 1/2, par. 2-102)
Sec. 2-102. (a) A recipient of services shall be provided with adequate
and humane care and services in the least restrictive environment, pursuant
to an individual services plan. The Plan shall be formulated
and periodically
reviewed with the participation of the recipient to the extent feasible
and the recipient's
guardian, the recipient's substitute decision maker, if any, or any other
individual
designated in writing by the recipient. The facility shall advise the
recipient of
his or her right to designate a family member or other individual to
participate in the formulation and review of the treatment plan. In
determining whether care and services are being provided in the least
restrictive environment, the facility shall consider the views of the
recipient, if any, concerning the treatment being provided. The recipient's
preferences regarding emergency interventions under
subsection (d) of Section 2-200 shall be noted in the recipient's treatment
plan.
(a-5) If
the services include the administration of electroconvulsive therapy or psychotropic medication,
the
physician or the physician's designee shall advise the recipient, in
writing, of the side effects,
risks, and benefits of
the treatment, as well as alternatives to the proposed treatment, to the
extent such advice is consistent with the recipient's ability to understand the
information communicated.
The physician shall determine and state in writing whether the
recipient has the capacity to make a reasoned decision about the treatment.
The physician or the physician's designee shall provide to the recipient's
substitute decision maker, if any, the same written information that is
required to be presented to the recipient in writing.
If
the recipient lacks the capacity to make a reasoned decision about the
treatment, the treatment may be administered only (i) pursuant to the
provisions
of Section 2-107 or 2-107.1 or (ii) pursuant to
a power of attorney for health care under the Powers of
Attorney for Health Care Law or a declaration for mental health treatment
under the Mental Health Treatment Preference Declaration
Act.
A surrogate decision maker, other than a court appointed guardian, under the
Health Care Surrogate Act may not consent to the administration of electroconvulsive therapy or psychotropic medication. A surrogate may, however, petition for administration of such
treatment pursuant to this Act.
If the recipient is under guardianship and the guardian is
authorized
to consent to the administration of electroconvulsive therapy or psychotropic medication pursuant
to subsection (c) of Section
2-107.1 of this Code,
the
physician shall advise the guardian in writing of the side effects and risks of
the treatment, alternatives to the proposed treatment, and the risks and
benefits of the treatment. A qualified professional shall be responsible for overseeing
the implementation of such plan. Such care and treatment shall
make reasonable accommodation of any physical disability of the recipient,
including but not limited to
the regular use of sign language for any hearing impaired individual for
whom sign language is a primary mode of communication.
If the recipient is unable to communicate effectively in English, the
facility shall make reasonable efforts to provide services to the
recipient in a language that the recipient understands.
(b) A recipient of services who is an adherent or a member of any
well-recognized religious denomination, the principles and tenets of which
teach reliance upon services by spiritual means through prayer alone for
healing by a duly accredited practitioner thereof, shall have the right to
choose such services. The parent or guardian of a recipient of services who
is a minor, or a guardian of a recipient of services who is not a minor,
shall have the right to choose services by spiritual means through prayer
for the recipient of services.
(Source: P.A. 95-172, eff. 8-14-07.)
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