Public Act 094-0812
SB2254 Enrolled LRB094 17063 BDD 52345 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by adding Section
15f as follows:
    (20 ILCS 1705/15f new)
    Sec. 15f. Individualized behavioral support plan.
    (a) As used in this Section:
    "Behavioral challenges" means episodes of significant
property destruction, self-injurious behavior, assaultive
behavior, or any other behavior that prevents a person from
successful participation in a Home and Community Based Services
Program for Persons with Developmental Disabilities, as
determined by the community support team.
    "Home and Community Based Services Program for Persons with
Developmental Disabilities" means a program that is funded
through a waiver authorized under Section 1915(c) of the
federal Social Security Act and that is administered by the
Department of Human Services' Division of Developmental
Disabilities. Services under the Program include Community
Integrated Living Arrangements, Community Living Facilities of
16 or fewer individuals, home-based support services, day
programs, and therapies. The term also includes newly developed
programs and settings that are funded through the Home and
Community Based Services Program for Persons with
Developmental Disabilities.
    (b) Each individual participating in a Home and Community
Based Services Program for Persons with Developmental
Disabilities, regardless of whether the individual is eligible
for federal financial participation for these services, who
exhibits behavioral challenges shall have an individualized
behavioral support plan. Each individualized support plan
shall: (i) be designed to meet individual needs; (ii) be in the
immediate and long-term best interests of the individual; (iii)
be non-aversive; (iv) teach the individual new skills; (v)
provide alternatives to behavioral challenges; (vi) offer
opportunities for choice and social integration; and (vii)
allow for environmental modifications. The plan must be based
on a functional behavioral assessment conducted by a
professional trained in its use. The plan shall be implemented
by staff who have been trained in and are qualified to
effectively apply positive non-aversive intervention. All
behavioral supports required by the plan shall be applied in a
humane and caring manner that respects the dignity of the
individual and shall be implemented in a positive and socially
supportive environment, including the home.
    Interventions must not: (1) include electric shock; (2)
withhold essential food and drink; (3) cause physical or
psychological pain; (4) use drugs as restraints; or (5) produce
humiliation or discomfort.
    Nothing in this subsection shall preclude, for therapeutic
purposes, variant scheduling of food or drink or the
application of safe and appropriate time-out procedures.
    (c) The Department of Human Services shall be responsible
for developing and promulgating rules to implement the
provisions of this Section and to carry out the intent of this
    (d) To the extent this Section conflicts with Article I of
Chapter II of the Mental Health and Developmental Disabilities
Code, that Article controls.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/26/2006