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Public Act 91-0787
SB1508 Enrolled LRB9112739DJcd
AN ACT to amend the Mental Health and Developmental
Disabilities Code by changing Sections 1-121, 2-107.1, and
3-813.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 1-121,
2-107.1, and 3-813 as follows:
(405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121)
Sec. 1-121. "Psychiatrist" means a physician as defined
in the first sentence of Section 1-120 who has successfully
completed a residency program in psychiatry accredited by
either the Accreditation Council for Graduate Medical
Education or the American Osteopathic Association at least 3
years of formal training or primary experience in the
diagnosis and treatment of mental illness.
(Source: P.A. 80-1414.)
(405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
Sec. 2-107.1. Administration of authorized involuntary
treatment upon application to a court.
(a) Notwithstanding the provisions of Section 2-107 of
this Code, authorized involuntary treatment may be
administered to an adult recipient of services without the
informed consent of the recipient under the following
standards:
(1) Any person 18 years of age or older, including
any guardian, may petition the circuit court for an order
authorizing the administration of authorized involuntary
treatment to a recipient of services. The petition shall
state that the petitioner has made a good faith attempt
to determine whether the recipient has executed a power
of attorney for health care under the Powers of Attorney
for Health Care Law or a declaration for mental health
treatment under the Mental Health Treatment Preference
Declaration Act and to obtain copies of these instruments
if they exist. If either of the above-named instruments
is available to the petitioner, the instrument shall be
attached to the petition as an exhibit. The petitioner
shall deliver a copy of the petition, and notice of the
time and place of the hearing, to the respondent, his or
her attorney, any known agent or attorney-in-fact, if
any, and the guardian, if any, no later than 3 10 days
prior to the date of the hearing. The petition may
include a request that the court authorize such testing
and procedures as may be essential for the safe and
effective administration of the authorized involuntary
treatment sought to be administered, but only where the
petition sets forth the specific testing and procedures
sought to be administered.
If a hearing is requested to be held immediately
following the hearing on a petition for involuntary
admission, then the notice requirement shall be the same
as that for the hearing on the petition for involuntary
admission, and the petition filed pursuant to this
Section shall be filed with the petition for involuntary
admission.
(2) The court shall hold a hearing within 7 14 days
of the filing of the petition. The People, the
petitioner, or the respondent shall be entitled to a
continuance of up to 7 days as of right. An additional
continuance of Continuances totaling not more than 7 14
days may be granted to any party (i) the recipient upon a
showing that the continuance is continuances are needed
in order to prepare adequately prepare for or present
evidence in a hearing under this Section or (ii) under
exceptional circumstances. The court may, in its
discretion, grant an additional continuance not to exceed
21 days when, in its discretion, the court determines
that such a continuance is necessary in order to provide
the recipient with an examination pursuant to Section
3-803 or 3-804 of this Act, to provide the recipient with
a trial by jury as provided in Section 3-802 of this Act,
or to arrange for the substitution of counsel as provided
for by the Illinois Supreme Court Rules continuances if
agreed to by all parties. The hearing shall be separate
from a judicial proceeding held to determine whether a
person is subject to involuntary admission but may be
heard immediately preceding or following such a judicial
proceeding and may be heard by the same trier of fact or
law as in that judicial proceeding.
(3) Unless otherwise provided herein, the
procedures set forth in Article VIII of Chapter 3 of this
Act, including the provisions regarding appointment of
counsel, shall govern hearings held under this subsection
(a).
(4) Authorized involuntary treatment shall not be
administered to the recipient unless it has been
determined by clear and convincing evidence that all of
the following factors are present:
(A) That the recipient has a serious mental
illness or developmental disability.
(B) That because of said mental illness or
developmental disability, the recipient exhibits any
one of the following: (i) deterioration of his
ability to function, (ii) suffering, (iii)
threatening behavior, or (iv) disruptive behavior.
(C) That the illness or disability has existed
for a period marked by the continuing presence of
the symptoms set forth in item (B) of this
subdivision (4) or the repeated episodic occurrence
of these symptoms.
(D) That the benefits of the treatment
outweigh the harm.
(E) That the recipient lacks the capacity to
make a reasoned decision about the treatment.
(F) That other less restrictive services have
been explored and found inappropriate.
(G) If the petition seeks authorization for
testing and other procedures, that such testing and
procedures are essential for the safe and effective
administration of the treatment.
(5) In no event shall an order issued under this
Section be effective for more than 90 days. A second
90-day period of involuntary treatment may be authorized
pursuant to a hearing that complies However, authorized
involuntary treatment may be administered for additional
90-day periods without limitation under hearings that
comply with the above standards and procedures of this
subsection (a). Thereafter, additional 180-day periods of
involuntary treatment may be authorized pursuant to the
standards and procedures of this Section without limit.
If a new petition to authorize the administration of
authorized involuntary treatment is filed at least 15
days prior to the expiration of the prior order, and if
any continuance of the hearing is agreed to by the
recipient, the administration of the treatment may
continue in accordance with the prior order pending the
completion of a hearing under this Section.
(6) An order issued under this subsection (a) shall
designate the persons authorized to administer the
authorized involuntary treatment under the standards and
procedures of this subsection (a). Those persons shall
have complete discretion not to administer any treatment
authorized under this Section. The order shall also
specify the medications and the anticipated range of
dosages that have been authorized.
(b) A guardian may be authorized to consent to the
administration of authorized involuntary treatment to an
objecting recipient only under the standards and procedures
of subsection (a).
(c) Notwithstanding any other provision of this Section,
a guardian may consent to the administration of authorized
involuntary treatment to a non-objecting recipient under
Article XIa of the Probate Act of 1975.
(d) Nothing in this Section shall prevent the
administration of authorized involuntary treatment to
recipients in an emergency under Section 2-107 of this Act.
(e) Notwithstanding any of the provisions of this
Section, authorized involuntary treatment may be administered
pursuant to a power of attorney for health care under the
Powers of Attorney for Health Care Law or a declaration for
mental health treatment under the Mental Health Treatment
Preference Declaration Act.
(Source: P.A. 89-11, eff. 3-31-95; 89-439, eff. 6-1-96;
90-538, eff. 12-1-97.)
(405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813)
Sec. 3-813. (a) An initial order for hospitalization
shall be for a period not to exceed 90 180 days. Prior to the
expiration of the initial order if the facility director
believes that the recipient continues to be subject to
involuntary admission, a new petition and 2 new certificates
may be filed with the court. If a petition is filed, the
facility director shall file with the court a current
treatment plan which includes an evaluation of the
recipient's progress and the extent to which he is benefiting
from treatment. If no petition is filed prior to the
expiration of the initial order, the recipient shall be
discharged. Following a hearing, the court may order a second
period of hospitalization not to exceed 90 180 days only if
it finds that the recipient continues to be subject to
involuntary admission.
(b) Additional 180 day periods of treatment may be
sought pursuant to the procedures set out in this Section for
so long as the recipient continues to be subject to
involuntary admission. The provisions of this chapter which
apply whenever an initial order is sought shall apply
whenever an additional period of treatment is sought.
(Source: P.A. 88-380.)
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