(405 ILCS 5/2-111) (from Ch. 91 1/2, par. 2-111)
Sec. 2-111.
A medical or dental emergency exists when delay for the
purpose of obtaining consent would endanger the life or adversely and
substantially affect the health of a recipient of services. When a medical
or dental emergency exists, if a physician or licensed dentist who examines
a recipient determines that the recipient is not capable of giving informed
consent, essential medical or dental procedures may be performed without
consent. No physician nor licensed dentist shall be liable for a non-negligent
good faith determination that a medical or dental emergency exists or a
non-negligent good faith determination that the recipient is not capable of
giving informed consent.
(Source: P.A. 85-971.)
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(405 ILCS 5/2-112) (from Ch. 91 1/2, par. 2-112)
Sec. 2-112.
Freedom from abuse and neglect.
Every recipient of services in a mental
health or developmental disability facility shall be free from abuse and neglect.
(Source: P.A. 86-1013.)
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(405 ILCS 5/2-113) (from Ch. 91 1/2, par. 2-113)
Sec. 2-113.
(a) Upon admission, the facility shall inquire of the
recipient if a spouse, family member, friend or an agency is to be notified
of his admission to the facility. If the recipient consents to release of
information concerning his admission, the facility shall immediately
attempt to make phone contact with at least two designated persons or
agencies or by mail within 24 hours.
(b) Any person may request information from a developmental
disability or mental health facility relating to whether an adult recipient
or minor recipient admitted pursuant to Section 3-502 has been admitted to
the facility. Any parties requesting information must submit proof of
identification and list their name, address, phone number, relationship to
the recipient and reason for the request.
(c) The facility shall respond to the inquirer within 2 working days.
If the recipient is located at the facility, the facility director shall
inform the recipient of the request and shall advise the recipient that
disclosure of his presence at the facility will not obligate the recipient
to have contact with the inquirer. No information shall be disclosed
unless the recipient consents in writing to the disclosure.
(d) If the recipient has consented to the release of information the
facility shall inform the requesting party that the recipient is located at
the facility. The facility shall, with the recipient's consent, tell the
requesting party how to contact the recipient.
(e) When the recipient is not located at the facility or when the
recipient does not consent in writing to release such information, the
facility shall inform the consenting party that no information is available
regarding that person.
(f) Transactions pursuant to this Section shall be noted in the
recipient's record.
(Source: P.A. 86-1417.)
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(405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
Sec. 2-114.
(a) Whenever an attorney or other advocate from the
Guardianship and Advocacy Commission or the agency designated by the
Governor under Section 1 of the Protection and Advocacy for Persons with Developmental Disabilities Act or any
other attorney advises a facility in which a recipient is receiving
inpatient mental health services that he is presently representing the
recipient, or has been appointed by any court or administrative agency to
do so or has been requested to represent the recipient by a member of the
recipient's family, the facility shall, subject to the provisions of
Section 2-113 of this Code, disclose to the attorney or advocate
whether the recipient is presently residing in the facility and, if so,
how the attorney or advocate may communicate with the recipient.
(b) The facility may take reasonable precautions to identify the
attorney or advocate. No further information shall be disclosed to the
attorney or advocate except in conformity with the authorization procedures
contained in the Mental Health and Developmental Disabilities
Confidentiality Act.
(c) Whenever the location of the recipient has been disclosed to an
attorney or advocate, the facility director shall inform the recipient of
that fact and shall note this disclosure in the recipient's records.
(d) An attorney or advocate who receives any information under this
Section may not disclose this information to anyone else without the
written consent of the recipient obtained pursuant to Section 5 of the Mental
Health and Developmental Disabilities Confidentiality Act.
(Source: P.A. 99-143, eff. 7-27-15.)
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