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Public Act 100-0915 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental | ||||
Disabilities Code is amended by changing Section 2-200 as | ||||
follows:
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(405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
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Sec. 2-200. (a) Upon commencement of services, or as soon | ||||
thereafter as
the condition of the recipient permits, every | ||||
adult recipient, as well as the
recipient's guardian or | ||||
substitute decision maker, and every recipient who is
12
years | ||||
of age or older and the parent or guardian of a minor or person
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under guardianship shall be informed orally and in writing of | ||||
the rights
guaranteed by this Chapter which are relevant to the | ||||
nature of the
recipient's services
program. Every facility | ||||
shall also post conspicuously in public areas
a summary of the | ||||
rights which are relevant to the services delivered by
that | ||||
facility as well as contact information for the Guardianship | ||||
and Advocacy Commission and the agency designated by the | ||||
Governor under Section 1 of the Protection and Advocacy for | ||||
Persons with Developmental
Disabilities Act .
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(b) A recipient who is 12 years of age or older and the | ||||
parent or guardian
of a minor or person under guardianship at |
any time may designate, and upon
commencement of services shall | ||
be informed of the right to designate, a
person or agency to | ||
receive notice under Section 2-201 or to direct that
no | ||
information about the recipient be disclosed to any person or | ||
agency.
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(c) Upon commencement of services, or as soon thereafter as | ||
the
condition of the recipient permits, the facility shall ask | ||
the adult
recipient or minor recipient admitted pursuant to | ||
Section 3-502 whether the
recipient wants the facility to | ||
contact the recipient's spouse, parents,
guardian, close | ||
relatives, friends, attorney, advocate from the
Guardianship | ||
and Advocacy Commission or the agency designated by the
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Governor under Section 1 of the Protection and Advocacy for | ||
Persons with Developmental
Disabilities Act "An Act in relation | ||
to the protection and
advocacy of the rights of persons with | ||
developmental disabilities, and
amending Acts therein named", | ||
approved September 20, 1985 , or others and
inform them of the | ||
recipient's presence at the facility. The facility
shall by | ||
phone or by mail contact at least two of those people | ||
designated
by the recipient and shall inform them of the | ||
recipient's location. If the
recipient so requests, the | ||
facility shall also inform them of how to
contact the | ||
recipient.
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(d) Upon commencement of services, or as soon thereafter as | ||
the condition
of the recipient permits, the facility shall | ||
advise the recipient as to the
circumstances under which the |
law permits the use of emergency forced
medication or | ||
electroconvulsive therapy under subsection (a) of Section | ||
2-107, restraint under Section
2-108, or seclusion under | ||
Section 2-109. At the same time, the facility shall
inquire of | ||
the recipient which form of intervention the recipient would | ||
prefer
if any of these circumstances should arise. The | ||
recipient's preference shall
be noted in the recipient's record | ||
and communicated by the facility to the
recipient's guardian or | ||
substitute decision maker, if any, and any other
individual | ||
designated by the recipient. If any such circumstances | ||
subsequently
do arise, the facility shall give due | ||
consideration to the preferences of the
recipient regarding | ||
which form of intervention to use as communicated to the
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facility by the recipient or as stated in the recipient's | ||
advance directive.
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(Source: P.A. 95-172, eff. 8-14-07.)
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