(210 ILCS 45/2-106.1)
(a) A resident shall not be given unnecessary drugs. An
unnecessary drug is any drug used in an excessive dose, including in
duplicative therapy; for excessive duration; without adequate
monitoring; without adequate indications for its use; or in the
presence of adverse consequences that indicate the drugs should be reduced or
discontinued. The Department shall adopt, by rule, the standards
contained in interpretive guidelines issued by the United States Department of
Health and Human Services for the purposes of administering Titles XVIII and XIX of
the Social Security Act.
(b) Psychotropic medication shall not be prescribed without the informed
consent of the resident, the resident's guardian, or other authorized
representative. "Psychotropic medication"
means medication that
is used for or listed as used for antipsychotic, antidepressant, antimanic, or
antianxiety behavior modification or behavior management purposes in the latest
editions of the AMA Drug Evaluations or the Physician's Desk Reference.
The Department shall adopt, by rule, a protocol specifying how informed consent for psychotropic medication may be obtained or refused. The protocol shall require, at a minimum, a discussion between (i) the resident or the resident's authorized representative and (ii) the resident's physician, a registered pharmacist (who is not a dispensing pharmacist for the facility where the resident lives), or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department. Each form developed by the Department (i) shall be written in plain language, (ii) shall be able to be downloaded from the Department's official website, (iii) shall include information specific to the psychotropic medication for which consent is being sought, and (iv) shall be used for every resident for whom psychotropic drugs are prescribed. In addition to creating those forms, the Department shall approve the use of any other informed consent forms that meet criteria developed by the Department.
In addition to any other penalty prescribed by law, a facility that is found to have violated this subsection, or the federal certification requirement that informed consent be obtained before administering a psychotropic medication, shall thereafter be required to obtain the signatures of 2 licensed health care professionals on every form purporting to give informed consent for the administration of a psychotropic medication, certifying the personal knowledge of each health care professional that the consent was obtained in compliance with the requirements of this subsection.
(c) The requirements of
this Section are intended to control in a conflict
with the requirements of Sections 2-102 and 2-107.2
of the Mental Health and Developmental Disabilities Code with respect to the
administration of psychotropic medication.
(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)