State of Illinois
2017 and 2018


Introduced 2/7/2018, by Sen. Omar Aquino


405 ILCS 5/2-107.1  from Ch. 91 1/2, par. 2-107.1

    Amends the Mental Health and Developmental Disabilities Code. Provides that notwithstanding any of the provisions of the Code concerning the administration of psychotropic medication and electroconvulsive therapy, psychotropic medication or electroconvulsive therapy 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 over the objection of the recipient if the recipient has not revoked the power of attorney or declaration for mental health treatment as provided in the relevant statute. Effective immediately.

LRB100 16195 RLC 31316 b






SB2609LRB100 16195 RLC 31316 b

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 2-107.1 as
7    (405 ILCS 5/2-107.1)  (from Ch. 91 1/2, par. 2-107.1)
8    Sec. 2-107.1. Administration of psychotropic medication
9and electroconvulsive therapy upon application to a court.
10    (a) (Blank).
11    (a-5) Notwithstanding the provisions of Section 2-107 of
12this Code, psychotropic medication and electroconvulsive
13therapy may be administered to an adult recipient of services
14on an inpatient or outpatient basis without the informed
15consent of the recipient under the following standards:
16        (1) Any person 18 years of age or older, including any
17    guardian, may petition the circuit court for an order
18    authorizing the administration of psychotropic medication
19    and electroconvulsive therapy to a recipient of services.
20    The petition shall state that the petitioner has made a
21    good faith attempt to determine whether the recipient has
22    executed a power of attorney for health care under the
23    Powers of Attorney for Health Care Law or a declaration for



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1    mental health treatment under the Mental Health Treatment
2    Preference Declaration Act and to obtain copies of these
3    instruments if they exist. If either of the above-named
4    instruments is available to the petitioner, the instrument
5    or a copy of the instrument shall be attached to the
6    petition as an exhibit. The petitioner shall deliver a copy
7    of the petition, and notice of the time and place of the
8    hearing, to the respondent, his or her attorney, any known
9    agent or attorney-in-fact, if any, and the guardian, if
10    any, no later than 3 days prior to the date of the hearing.
11    Service of the petition and notice of the time and place of
12    the hearing may be made by transmitting them via facsimile
13    machine to the respondent or other party. Upon receipt of
14    the petition and notice, the party served, or the person
15    delivering the petition and notice to the party served,
16    shall acknowledge service. If the party sending the
17    petition and notice does not receive acknowledgement of
18    service within 24 hours, service must be made by personal
19    service.
20        The petition may include a request that the court
21    authorize such testing and procedures as may be essential
22    for the safe and effective administration of the
23    psychotropic medication or electroconvulsive therapy
24    sought to be administered, but only where the petition sets
25    forth the specific testing and procedures sought to be
26    administered.



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1        If a hearing is requested to be held immediately
2    following the hearing on a petition for involuntary
3    admission, then the notice requirement shall be the same as
4    that for the hearing on the petition for involuntary
5    admission, and the petition filed pursuant to this Section
6    shall be filed with the petition for involuntary admission.
7        (2) The court shall hold a hearing within 7 days of the
8    filing of the petition. The People, the petitioner, or the
9    respondent shall be entitled to a continuance of up to 7
10    days as of right. An additional continuance of not more
11    than 7 days may be granted to any party (i) upon a showing
12    that the continuance is needed in order to adequately
13    prepare for or present evidence in a hearing under this
14    Section or (ii) under exceptional circumstances. The court
15    may grant an additional continuance not to exceed 21 days
16    when, in its discretion, the court determines that such a
17    continuance is necessary in order to provide the recipient
18    with an examination pursuant to Section 3-803 or 3-804 of
19    this Act, to provide the recipient with a trial by jury as
20    provided in Section 3-802 of this Act, or to arrange for
21    the substitution of counsel as provided for by the Illinois
22    Supreme Court Rules. The hearing shall be separate from a
23    judicial proceeding held to determine whether a person is
24    subject to involuntary admission but may be heard
25    immediately preceding or following such a judicial
26    proceeding and may be heard by the same trier of fact or



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1    law as in that judicial proceeding.
2        (3) Unless otherwise provided herein, the procedures
3    set forth in Article VIII of Chapter III of this Act,
4    including the provisions regarding appointment of counsel,
5    shall govern hearings held under this subsection (a-5).
6        (4) Psychotropic medication and electroconvulsive
7    therapy may be administered to the recipient if and only if
8    it has been determined by clear and convincing evidence
9    that all of the following factors are present. In
10    determining whether a person meets the criteria specified
11    in the following paragraphs (A) through (G), the court may
12    consider evidence of the person's history of serious
13    violence, repeated past pattern of specific behavior,
14    actions related to the person's illness, or past outcomes
15    of various treatment options.
16            (A) That the recipient has a serious mental illness
17        or developmental disability.
18            (B) That because of said mental illness or
19        developmental disability, the recipient currently
20        exhibits any one of the following: (i) deterioration of
21        his or her ability to function, as compared to the
22        recipient's ability to function prior to the current
23        onset of symptoms of the mental illness or disability
24        for which treatment is presently sought, (ii)
25        suffering, or (iii) threatening behavior.
26            (C) That the illness or disability has existed for



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1        a period marked by the continuing presence of the
2        symptoms set forth in item (B) of this subdivision (4)
3        or the repeated episodic occurrence of these symptoms.
4            (D) That the benefits of the treatment outweigh the
5        harm.
6            (E) That the recipient lacks the capacity to make a
7        reasoned decision about the treatment.
8            (F) That other less restrictive services have been
9        explored and found inappropriate.
10            (G) If the petition seeks authorization for
11        testing and other procedures, that such testing and
12        procedures are essential for the safe and effective
13        administration of the treatment.
14        (5) In no event shall an order issued under this
15    Section be effective for more than 90 days. A second 90-day
16    period of involuntary treatment may be authorized pursuant
17    to a hearing that complies with the standards and
18    procedures of this subsection (a-5). Thereafter,
19    additional 180-day periods of involuntary treatment may be
20    authorized pursuant to the standards and procedures of this
21    Section without limit. If a new petition to authorize the
22    administration of psychotropic medication or
23    electroconvulsive therapy is filed at least 15 days prior
24    to the expiration of the prior order, and if any
25    continuance of the hearing is agreed to by the recipient,
26    the administration of the treatment may continue in



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1    accordance with the prior order pending the completion of a
2    hearing under this Section.
3        (6) An order issued under this subsection (a-5) shall
4    designate the persons authorized to administer the
5    treatment under the standards and procedures of this
6    subsection (a-5). Those persons shall have complete
7    discretion not to administer any treatment authorized
8    under this Section. The order shall also specify the
9    medications and the anticipated range of dosages that have
10    been authorized and may include a list of any alternative
11    medications and range of dosages deemed necessary.
12    (a-10) The court may, in its discretion, appoint a guardian
13ad litem for a recipient before the court or authorize an
14existing guardian of the person to monitor treatment and
15compliance with court orders under this Section.
16    (b) A guardian may be authorized to consent to the
17administration of psychotropic medication or electroconvulsive
18therapy to an objecting recipient only under the standards and
19procedures of subsection (a-5).
20    (c) Notwithstanding any other provision of this Section, a
21guardian may consent to the administration of psychotropic
22medication or electroconvulsive therapy to a non-objecting
23recipient under Article XIa of the Probate Act of 1975.
24    (d) Nothing in this Section shall prevent the
25administration of psychotropic medication or electroconvulsive
26therapy to recipients in an emergency under Section 2-107 of



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1this Act.
2    (e) Notwithstanding any of the provisions of this Section,
3psychotropic medication or electroconvulsive therapy may be
4administered pursuant to a power of attorney for health care
5under the Powers of Attorney for Health Care Law or a
6declaration for mental health treatment under the Mental Health
7Treatment Preference Declaration Act over the objection of the
8recipient if the recipient has not revoked the power of
9attorney or declaration for mental health treatment as provided
10in the relevant statute.
11    (f) The Department shall conduct annual trainings for
12physicians and registered nurses working in State-operated
13mental health facilities on the appropriate use of psychotropic
14medication and electroconvulsive therapy, standards for their
15use, and the preparation of court petitions under this Section.
16(Source: P.A. 97-375, eff. 8-15-11; 98-756, eff. 7-16-14.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.