Illinois Compiled Statutes
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405 ILCS 5/2-109
(405 ILCS 5/2-109)
(from Ch. 91 1/2, par. 2-109)
Seclusion may be used only as a therapeutic
measure to prevent a recipient from causing physical harm to himself or
to others. In no event shall seclusion be utilized to punish or discipline
a recipient, nor is seclusion to be used as a convenience for the staff.
(a) Seclusion shall be employed only upon the written order of a
physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or registered
nurse with supervisory responsibilities. No seclusion shall be ordered
unless the physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or
registered nurse with supervisory responsibilities, after personally
observing and examining the recipient, is clinically satisfied that the use
of seclusion is justified to prevent the recipient from causing physical
harm to himself or others. In no event may seclusion continue for longer
than 2 hours unless within that time
period a nurse with supervisory responsibilities, advanced practice psychiatric nurse, or a physician confirms in
writing, following a personal examination of the recipient, that the
seclusion does not pose an undue risk to the recipient's health in light of
the recipient's physical or medical condition. The order
shall state the events leading up to the need for seclusion and the
purposes for which seclusion is employed. The order shall also
state the length of time seclusion is to be employed and the clinical
justification for the length of time. No order for seclusion shall be
valid for more than 16 hours. If further seclusion is required, a new
order must be issued pursuant to the requirements
provided in this Section.
(b) The person who orders seclusion shall inform the facility
director or his designee in writing of the use of seclusion within 24
(c) The facility director shall review all seclusion orders daily and
shall inquire into the reasons for the orders for seclusion by any
person who routinely orders them.
(d) Seclusion may be employed during all or part of one 16 hour
period, that period commencing with the initial application of the
seclusion. However, once seclusion has been employed during one 16 hour
period, it shall not be used again on the same recipient during the next
48 hours without the prior written authorization of the facility director.
(e) The person who ordered the seclusion shall assign a qualified
person to observe the recipient at all times.
A recipient who is restrained and secluded shall be observed by a qualified
person as often as is clinically appropriate but in no event less than once
every 15 minutes.
(f) Safety precautions shall be followed to prevent injuries to the
recipient in the seclusion room. Seclusion rooms shall be adequately
lighted, heated, and furnished. If a door is locked, someone with a key
shall be in constant attendance nearby.
(g) Whenever seclusion is used, the recipient shall be advised of his
right, pursuant to Sections 2-200 and 2-201 of this Code, to have any
person of his choosing, including the Guardianship and Advocacy Commission
notified of the seclusion. A person who is under guardianship may request
that any person of his choosing be notified of the seclusion whether or not
the guardian approves of the notice. Whenever the Guardianship and
Advocacy Commission is notified that a recipient has been secluded, it shall
contact that recipient to determine the circumstances of the seclusion and
whether further action is warranted.
(Source: P.A. 101-587, eff. 1-1-20