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| Public Act 097-0245 | ||||
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AN ACT concerning children.
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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 1. Short title. This Act may be cited as the | ||||
Administration of Psychotropic Medications to Children Act. | ||||
Section 2. Legislative Findings. The General Assembly | ||||
recognizes that: | ||||
(a) Mental illnesses among children and adolescents can be | ||||
severely debilitating and, if untreated, can have a negative | ||||
effect on their education, their families and communities, and | ||||
their future lives as productive citizens of Illinois. | ||||
(b) Psychotropic medications, when used carefully and | ||||
appropriately, can be safe and effective treatments for | ||||
children with serious mental illnesses. | ||||
(c) Psychotropic medications, like most other medications, | ||||
may pose serious risks and side effects, particularly if their | ||||
use is not carefully monitored. | ||||
(d) Under Illinois law, minors cannot give consent to | ||||
medical treatment, including psychotropic medications. | ||||
(e) Under Illinois law, in the absence of an emergency, | ||||
medical treatment, including the administration of | ||||
psychotropic medications, may only be provided to a minor with | ||||
the consent of a parent, a guardian, or some other person | ||||
authorized by law to give consent. | ||
(f) The Department of Children and Family Services has | ||
responsibility for providing informed consent for medical | ||
treatment, including the administration of psychotropic | ||
medications, for thousands of children and adolescents. | ||
(g) The health, safety, and well-being of children and | ||
adolescents who are the legal responsibility of the Department | ||
depend on the existence and enforcement of appropriate | ||
standards and procedures through which the Department may | ||
determine when the use of psychotropic medications is | ||
appropriate for these children and adolescents. | ||
Section 5. Administration of psychotropic medications. On | ||
or before October 1, 2011, the Department of Children and | ||
Family Services shall promulgate final rules, amending its | ||
current rules establishing and maintaining standards and | ||
procedures to govern the administration of psychotropic | ||
medications. Such amendments to its rules shall include, but | ||
are not limited to, the following: | ||
(a) The role of the Department in the administration of | ||
psychotropic medications to youth for whom it is legally | ||
responsible and who are in facilities operated by the Illinois | ||
Department of Corrections or the Illinois Department of | ||
Juvenile Justice. | ||
(b) Provisions regarding the administration of | ||
psychotropic medications for youth for whom the Department is | ||
legally responsible and who are in residential facilities, | ||
group homes, transitional living programs, or foster homes | ||
where the youth is under the age of 18 or where the youth is 18 | ||
or older and has provided the Department with appropriate | ||
consent. | ||
(c) Provisions regarding the administration of | ||
psychotropic medications for youth for whom the Department is | ||
legally responsible and who are in psychiatric hospitals. | ||
(d) Provisions concerning the emergency use of | ||
psychotropic medications, including appropriate and timely | ||
reporting. | ||
(e) Provisions prohibiting the administration of | ||
psychotropic medications to persons for whom the Department is | ||
legally responsible as punishment for bad behavior, for the | ||
convenience of staff or caregivers, or as a substitute for | ||
adequate mental health care or other services. | ||
(f) The creation of a committee to develop, post on a | ||
website, and periodically review materials listing which | ||
psychotropic medications are approved for use with youth for | ||
whom the Department has legal responsibility. The materials | ||
shall include guidelines for the use of psychotropic | ||
medications and may include the acceptable range of dosages, | ||
contraindications, and time limits, if any, and such other | ||
topics necessary to ensure the safe and appropriate use of | ||
psychotropic medications. | ||
(g) Provisions regarding the appointment, qualifications, | ||
and training of employees of the Department who are authorized | ||
to consent to the administration of psychotropic medications to | ||
youth for whom the Department has legal responsibility, | ||
including the scope of the authority of such persons. | ||
(h) Provisions regarding training and materials for | ||
parents, foster parents, and relative caretakers concerning | ||
the rules governing the use of psychotropic medications with | ||
youth for whom the Department has legal responsibility. | ||
(i) With respect to any youth under the age of 18 for whom | ||
the Department has legal responsibility and who does not assent | ||
to the administration of recommended psychotropic medication, | ||
provisions providing standards and procedures for reviewing | ||
the youth's concerns. With respect to any youth over the age of | ||
18 for whom the Department has legal responsibility and who | ||
does not consent to the administration of recommended | ||
psychotropic medication, provisions providing standards and | ||
procedures for reviewing the youth's concerns upon the youth's | ||
request and with the youth's consent. Standards and procedures | ||
developed under this subsection shall not be inconsistent with | ||
the Mental Health and Developmental Disabilities Code. | ||
(j) Provisions ensuring that, subject to all relevant | ||
confidentiality laws, service plans for youth for whom the | ||
Department has legal responsibility include the following | ||
information: | ||
(1) Identification by name and dosage of the | ||
psychotropic medication known by the Department to have | ||
been administered to the youth since the last service plan. | ||
(2) The benefits of the psychotropic medication. | ||
(3) The negative side effects of the psychotropic | ||
medication. | ||
Section 10. Failure to comply with Department rules. The | ||
Department must establish and maintain rules designed to ensure | ||
compliance with any rules promulgated pursuant to Section 5 of | ||
this Act. Such rules shall include, but are not limited to, the | ||
following: | ||
(a) Standards and procedures for notifying physicians, | ||
residential treatment facilities, and psychiatric hospitals | ||
when they have violated any rule enacted or maintained pursuant | ||
to Section 5 of this Act. | ||
(b) Standards and procedures for issuing written warnings | ||
to physicians, residential treatment facilities, and | ||
psychiatric hospitals when they have violated any rule enacted | ||
or maintained pursuant to Section 5 of this Act. | ||
(c) Standards and procedures for notifying the Department | ||
of Financial and Professional Regulation when a physician has | ||
repeatedly violated any rule enacted or maintained pursuant to | ||
Section 5 of this Act after having received a written warning | ||
on one or more occasions. This subsection is not intended to | ||
limit the Department's authority to make a report to the | ||
Department of Financial and Professional Regulation when a | ||
physician has violated a rule and has not received a written | ||
warning when the Department determines it is in the minor's and | ||
society's interest to make the report. | ||
(d) Standards and procedures for notifying the Department | ||
of Public Health when any facility licensed by that Department | ||
has repeatedly violated any rule enacted or maintained pursuant | ||
to Section 5 of this Act after having received a written | ||
warning on one or more occasions. This subsection is not | ||
intended to limit the Department's authority to make a report | ||
to the Department of Public Health when a facility has violated | ||
a rule and has not received a written warning when the | ||
Department determines it is in the minor's and society's | ||
interest to make the report. | ||
(e) Standards and procedures for notifying the guardian ad | ||
litem appointed pursuant to Section 2-17 of the Juvenile Court | ||
Act of 1987, of a ward who has been administered psychotropic | ||
medication in violation of any rule enacted or maintained | ||
pursuant to Section 5 of this Act, where the guardian ad litem | ||
has requested notification and provides the Department with | ||
documentation verifying that pursuant to the Mental Health and | ||
Developmental Disabilities Confidentiality Act, the court has | ||
entered an order granting the guardian ad litem authority to | ||
receive and review this information. | ||
(f) Standards and procedures for notifying the | ||
Department's licensing division when a residential facility or | ||
group home licensed by the Department has repeatedly violated | ||
any rule enacted or maintained pursuant to Section 5 of this | ||
Act. | ||
Section 15. Annual report. | ||
(a) No later than December 31 of each year, the Department | ||
shall prepare and submit an annual report, covering the | ||
previous fiscal year, to the General Assembly concerning the | ||
administration of psychotropic medication to persons for whom | ||
it is legally responsible. This report shall include, but is | ||
not limited to, the following: | ||
(1) The number of violations of any rule enacted | ||
pursuant to Section 5 of this Act. | ||
(2) The number of warnings issued pursuant to | ||
subsection (b) of Section 10 of this Act. | ||
(3) The number of physicians who have been issued | ||
warnings pursuant to subsection (b) of Section 10 of this | ||
Act. | ||
(4) The number of physicians who have been reported to | ||
the Department of Financial and Professional Regulation | ||
pursuant to subsection (c) of Section 10 of this Act, and, | ||
if available, the results of such reports. | ||
(5) The number of facilities that have been reported to | ||
the Department of Public Health pursuant to subsection (d) | ||
of Section 10 of this Act and, if available, the results of | ||
such reports. | ||
(6) The number of Department-licensed facilities that | ||
have been the subject of licensing complaints pursuant to | ||
subsection (f) of Section 10 of this Act, and if available, | ||
the results of the complaint investigations. | ||
(7) Any recommendations for legislative changes or | ||
amendments to any of its rules or procedures established or | ||
maintained in compliance with this Act. | ||
(b) The requirement for reporting to the General Assembly | ||
shall be satisfied by filing copies of the report with the | ||
Speaker, the Minority Leader, and the Clerk of the House of | ||
Representatives, the President, the Minority Leader, and the | ||
Secretary of the Senate, and the Legislative Research Unit, as | ||
required by Section 3.1 of the General Assembly Organization | ||
Act and by filing additional copies with the State Government | ||
Report Distribution Center for the General Assembly as required | ||
under paragraph (t) of Section 7 of the State Library Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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