100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5558

 

Introduced , by Rep. Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 5/2-200  from Ch. 91 1/2, par. 2-200

    Amends the Mental Health and Developmental Disabilities Code. Provides that every facility shall also post conspicuously in public areas contact information for the Guardianship and Advocacy Commission and the agency designated by the Governor under the Protection and Advocacy for Persons with Developmental Disabilities Act to administer a State plan to protect and advocate the rights of persons with developmental disabilities in accordance with the requirements of the federal Developmental Disabilities Assistance and Bill of Rights Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 2-200 as
6follows:
 
7    (405 ILCS 5/2-200)  (from Ch. 91 1/2, par. 2-200)
8    Sec. 2-200. (a) Upon commencement of services, or as soon
9thereafter as the condition of the recipient permits, every
10adult recipient, as well as the recipient's guardian or
11substitute decision maker, and every recipient who is 12 years
12of age or older and the parent or guardian of a minor or person
13under guardianship shall be informed orally and in writing of
14the rights guaranteed by this Chapter which are relevant to the
15nature of the recipient's services program. Every facility
16shall also post conspicuously in public areas a summary of the
17rights which are relevant to the services delivered by that
18facility as well as contact information for the Guardianship
19and Advocacy Commission and the agency designated by the
20Governor under Section 1 of the Protection and Advocacy for
21Persons with Developmental Disabilities Act.
22    (b) A recipient who is 12 years of age or older and the
23parent or guardian of a minor or person under guardianship at

 

 

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1any time may designate, and upon commencement of services shall
2be informed of the right to designate, a person or agency to
3receive notice under Section 2-201 or to direct that no
4information about the recipient be disclosed to any person or
5agency.
6    (c) Upon commencement of services, or as soon thereafter as
7the condition of the recipient permits, the facility shall ask
8the adult recipient or minor recipient admitted pursuant to
9Section 3-502 whether the recipient wants the facility to
10contact the recipient's spouse, parents, guardian, close
11relatives, friends, attorney, advocate from the Guardianship
12and Advocacy Commission or the agency designated by the
13Governor under Section 1 of the Protection and Advocacy for
14Persons with Developmental Disabilities Act "An Act in relation
15to the protection and advocacy of the rights of persons with
16developmental disabilities, and amending Acts therein named",
17approved September 20, 1985, or others and inform them of the
18recipient's presence at the facility. The facility shall by
19phone or by mail contact at least two of those people
20designated by the recipient and shall inform them of the
21recipient's location. If the recipient so requests, the
22facility shall also inform them of how to contact the
23recipient.
24    (d) Upon commencement of services, or as soon thereafter as
25the condition of the recipient permits, the facility shall
26advise the recipient as to the circumstances under which the

 

 

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1law permits the use of emergency forced medication or
2electroconvulsive therapy under subsection (a) of Section
32-107, restraint under Section 2-108, or seclusion under
4Section 2-109. At the same time, the facility shall inquire of
5the recipient which form of intervention the recipient would
6prefer if any of these circumstances should arise. The
7recipient's preference shall be noted in the recipient's record
8and communicated by the facility to the recipient's guardian or
9substitute decision maker, if any, and any other individual
10designated by the recipient. If any such circumstances
11subsequently do arise, the facility shall give due
12consideration to the preferences of the recipient regarding
13which form of intervention to use as communicated to the
14facility by the recipient or as stated in the recipient's
15advance directive.
16(Source: P.A. 95-172, eff. 8-14-07.)