Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
210 ILCS 45/2-106 (210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)
Sec. 2-106. Restraints. (a) For purposes of this Act, a physical restraint is any
manual method or physical or
mechanical device, material, or equipment attached or adjacent to a
resident's body that the resident cannot remove easily and
restricts
freedom of movement or normal access to one's
body, and a chemical restraint
is
any drug used for discipline or convenience and not required to treat medical
symptoms. Devices used for
positioning, including, but not limited to, bed rails and
gait belts, shall not be considered to be physical restraints for
purposes of this Act unless the device is used to restrain or otherwise limit the patient's freedom to move. A device used for positioning must be requested by the resident or, if the resident is unable to consent, the resident's guardian or authorized representative, or the need for that device must be physically demonstrated by the resident and documented in the resident's care plan. The physically demonstrated need of the resident for a device used for positioning must be revisited in every comprehensive assessment of the resident. The Department shall by rule, designate certain devices as
restraints,
including at least all those devices which have been determined
to be restraints by the United States Department of Health and Human Services
in
interpretive guidelines issued for the purposes of administering Titles XVIII and XIX of the Social Security Act.
(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any facility personnel.
No restraints or confinements shall be employed except as ordered
by a physician who documents the need for such restraints or confinements
in the
resident's clinical record.
(c) A restraint may be used only with the informed consent of the
resident, the resident's guardian, or other authorized representative. A
restraint may be used only for specific periods, if it is the
least restrictive means necessary to attain and maintain the resident's highest
practicable physical, mental or psychosocial well-being, including brief
periods of time to provide necessary life-saving treatment. A restraint may be
used only after consultation with appropriate health professionals, such as
occupational or physical therapists, and a trial of less restrictive measures
has led to the determination that the use of less restrictive measures
would not attain or maintain the resident's highest practicable physical,
mental or psychosocial well-being.
However, if the resident needs emergency care, restraints may be used for brief
periods to
permit medical treatment to proceed unless the facility has notice that the
resident has previously made a valid refusal of the treatment in
question.
(d) A restraint may be applied only by a person trained in the application
of the particular type of restraint.
(e) Whenever a period of use of a restraint is initiated, the resident shall
be advised of his or her right to have a person or organization of his or
her
choosing,
including the Guardianship and Advocacy Commission, notified of the use of the
restraint. A recipient
who is under guardianship may request that a person or organization of his or
her choosing be notified of the restraint, whether or not the guardian
approves the notice.
If the resident so chooses, the facility shall make the notification
within 24 hours, including any information
about
the period of time that the restraint is to be used.
Whenever the Guardianship and Advocacy Commission is notified that a resident
has been restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is warranted.
(f) Whenever a restraint is used on a resident whose primary mode of
communication is sign language, the resident shall be permitted to have his or
her
hands free from restraint for brief periods each hour, except when this freedom
may
result in physical harm to the resident or others.
(g) The requirements of this Section are intended to control in any conflict
with the requirements of Sections
1-126 and 2-108 of the Mental Health and Developmental Disabilities Code.
(Source: P.A. 103-489, eff. 1-1-24.)
|
|
