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Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

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755 ILCS 43/5

    (755 ILCS 43/5)
    (Text of Section before amendment by P.A. 101-163)
    Sec. 5. Definitions. As used in this Act:
    (1) "Adult" shall have the same meaning as provided in Section 10 of the Health Care Surrogate Act.
    (2) "Attending physician" shall have the same meaning as provided in Section 10 of the Healthcare Surrogate Act.
    (3) "Attorney-in-fact" means an adult validly appointed under this Act to make mental health treatment decisions for a principal under a declaration for mental health treatment and also means an alternative attorney-in-fact.
    (4) "Declaration" means a document making a declaration of preferences or instructions regarding mental health treatment.
    (5) "Incapable" means that, in the opinion of 2 physicians or the court, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions.
    (6) "Mental health facility" shall have the same meaning as provided in Section 1-114 of the Mental Health and Developmental Disabilities Code.
    (7) "Mental health treatment" means electroconvulsive treatment, treatment of mental illness with psychotropic medication, and admission to and retention in a mental health facility for a period not to exceed 17 days for care or treatment of mental illness.
    (8) "Physician" means a physician or psychiatrist as defined in Sections 1-120 and 1-121, respectively, of the Mental Health and Developmental Disabilities Code.
    (9) "Principal" means the person making a declaration for his or her personal mental health treatment.
    (10) "Provider" means any mental health facility or any other person which is devoted in whole or part to providing mental health services.
(Source: P.A. 89-439, eff. 6-1-96.)
 
    (Text of Section after amendment by P.A. 101-163)
    Sec. 5. Definitions. As used in this Act:
    (1) "Adult" shall have the same meaning as provided in Section 10 of the Health Care Surrogate Act.
    (2) "Attending physician" shall have the same meaning as provided in Section 10 of the Healthcare Surrogate Act.
    (3) "Attorney-in-fact" means an adult validly appointed under this Act to make mental health treatment decisions for a principal under a declaration for mental health treatment and also means an alternative attorney-in-fact.
    (4) "Declaration" means a document, in hard copy or electronic format, making a declaration of preferences or instructions regarding mental health treatment.
    (5) "Incapable" means that, in the opinion of 2 physicians or the court, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions.
    (6) "Mental health facility" shall have the same meaning as provided in Section 1-114 of the Mental Health and Developmental Disabilities Code.
    (7) "Mental health treatment" means electroconvulsive treatment, treatment of mental illness with psychotropic medication, and admission to and retention in a mental health facility for a period not to exceed 17 days for care or treatment of mental illness.
    (8) "Physician" means a physician or psychiatrist as defined in Sections 1-120 and 1-121, respectively, of the Mental Health and Developmental Disabilities Code.
    (9) "Principal" means the person making a declaration for his or her personal mental health treatment.
    (10) "Provider" means any mental health facility or any other person which is devoted in whole or part to providing mental health services.
(Source: P.A. 101-163, eff. 1-1-20.)