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Public Act 91-0726
HB3548 Enrolled LRB9111471DJsbA
AN ACT in relation to mental health, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Employee Indemnification Act is
amended by changing Section 1 as follows:
(5 ILCS 350/1) (from Ch. 127, par. 1301)
Sec. 1. Definitions. For the purpose of this Act:
(a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher
education created by the State, the Illinois National Guard,
the Comprehensive Health Insurance Board, any poison control
center designated under the Poison Control System Act that
receives State funding, or any other agency or
instrumentality of the State. It does not mean any local
public entity as that term is defined in Section 1-206 of the
Local Governmental and Governmental Employees Tort Immunity
Act or a pension fund.
(b) The term "employee" means any present or former
elected or appointed officer, trustee or employee of the
State, or of a pension fund, any present or former member of
the Illinois National Guard while on active duty, individuals
or organizations who contract with the Department of
Corrections, the Comprehensive Health Insurance Board, or the
Department of Veterans' Affairs to provide services,
individuals or organizations who contract with the Department
of Human Services (as successor to the Department of Mental
Health and Developmental Disabilities) to provide services
including but not limited to treatment and other services for
sexually violent persons or as participating mental health
centers as defined in the Mental Health and Developmental
Disabilities Code, individuals or organizations who contract
with the Department of Military Affairs for youth programs,
individuals or organizations who contract to perform carnival
and amusement ride safety inspections for the Department of
Labor, individual representatives of or designated
organizations authorized to represent the Office of State
Long-Term Ombudsman for the Department on Aging, individual
representatives of or organizations designated by the
Department on Aging in the performance of their duties as
elder abuse provider agencies or regional administrative
agencies under the Elder Abuse and Neglect Act, individuals
or organizations who perform volunteer services for the State
where such volunteer relationship is reduced to writing,
individuals who serve on any public entity (whether created
by law or administrative action) described in paragraph (a)
of this Section, individuals or not for profit organizations
who, either as volunteers, where such volunteer relationship
is reduced to writing, or pursuant to contract, furnish
professional advice or consultation to any agency or
instrumentality of the State, individuals who serve as foster
parents for the Department of Children and Family Services
when caring for a Department ward, and individuals who serve
as arbitrators pursuant to Part 10A of Article II of the Code
of Civil Procedure and the rules of the Supreme Court
implementing Part 10A, each as now or hereafter amended, but
does not mean an independent contractor except as provided in
this Section. The term includes an individual appointed as an
inspector by the Director of State Police when performing
duties within the scope of the activities of a Metropolitan
Enforcement Group or a law enforcement organization
established under the Intergovernmental Cooperation Act. An
individual who renders professional advice and consultation
to the State through an organization which qualifies as an
"employee" under the Act is also an employee. The term
includes the estate or personal representative of an
employee.
(c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 89-507, eff. 7-1-97; 90-793, eff. 8-14-98.)
Section 10. The Mental Health and Developmental
Disabilities Code is amended by adding Sections 1-110.5,
1-113.5, and 3-205.5 and changing Sections 1-119, 1-121,
2-102, 2-107, 2-107.1, 2-200, 2-201, 3-207, 3-208, 3-300,
3-400, 3-405, 3-502, 3-503, 3-504, 3-601, 3-603, 3-606,
3-607, 3-702, 3-704, 3-706, 3-810, 3-811, 3-812, 3-902,
3-909, 5-104, 5-117, and 6-103 as follows:
(405 ILCS 5/1-110.5 new)
Sec. 1-110.5. "Substitute decision maker" means a person
who possesses the authority to make decisions under the
Powers of Attorney for Health Care Law or under the Mental
Health Treatment Preference Declaration Act.
(405 ILCS 5/1-113.5 new)
Sec. 1-113.5. "Long-acting psychotropic medications"
means psychotropic medications, including but not limited to
Haldol Decanoate and Prolixin Decanoate, that are designed so
that a single dose will have an intended clinical effect for
a period of at least 48 hours.
(405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
Sec. 1-119. "Person subject to involuntary admission" or
"subject to involuntary admission" means:
(1) A person with mental illness and who because of his
or her illness is reasonably expected to inflict serious
physical harm upon himself or herself or another in the near
future; or
(2) A person with mental illness and who because of his
or her illness is unable to provide for his or her basic
physical needs so as to guard himself or herself from serious
harm. When any person is presented for admission to a mental
health facility under this subsection within 7 days
thereafter, the facility shall provide or arrange for a
comprehensive physical and mental examination and social
investigation of that person. This examination shall be used
to determine whether some program other than hospitalization
will meet the needs of such person with preference being
given to care or treatment in his own community.
(Source: P.A. 88-380.)
(405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121)
Sec. 1-121. "Psychiatrist" means a physician as defined
in the first sentence of Section 1-120 who has successfully
completed a residency program in psychiatry accredited by
either the Accreditation Council for Graduate Medical
Education or the American Osteopathic Association at least 3
years of formal training or primary experience in the
diagnosis and treatment of mental illness.
(Source: P.A. 80-1414.)
(405 ILCS 5/2-102) (from Ch. 91 1/2, par. 2-102)
Sec. 2-102. (a) A recipient of services shall be
provided with adequate and humane care and services in the
least restrictive environment, pursuant to an individual
services plan. The Plan, which shall be formulated and
periodically reviewed with the participation of the recipient
to the extent feasible and the, where appropriate, such
recipient's nearest of kin or guardian, the recipient's
substitute decision maker, if any, or any other individual
designated in writing by the recipient. The facility shall
advise the recipient of his or her right to designate a
family member or other individual to participate in the
formulation and review of the treatment plan. In determining
whether care and services are being provided in the least
restrictive environment, the facility shall consider the
views of the recipient, if any, concerning the treatment
being provided. The recipient's preferences regarding
emergency interventions under subsection (d) of Section 2-200
shall be noted in the recipient's treatment plan.
(a-5) If the services include the administration of
authorized involuntary treatment, the physician or the
physician's designee shall advise the recipient, in writing,
of the side effects, and risks, and benefits of the
treatment, as well as and alternatives to the proposed
treatment, and the risks and benefits thereof, to the extent
such advice is consistent with the nature and frequency of
the side effects and the recipient's ability to understand
the information communicated. The physician shall determine
and state in writing whether the recipient has the capacity
to make a reasoned decision about the treatment. The
physician or the physician's designee shall provide to the
recipient's substitute decision maker, if any, the same
written information that is required to be presented to the
recipient in writing. If the recipient lacks the capacity to
make a reasoned decision about the treatment, the treatment
may be administered only (i) pursuant to the provisions of
Section 2-107 or 2-107.1 or (ii) 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.
A surrogate decision maker, other than a court appointed
guardian, under the Health Care Surrogate Act may not
consent to the administration of authorized involuntary
treatment. A surrogate may, however, petition for
administration of authorized involuntary treatment pursuant
to this Act. If the recipient is under guardianship and the
guardian is authorized to consent to the administration of
authorized involuntary treatment pursuant to subsection (c)
of Section 2-107.1 of this Code, the physician shall advise
the guardian in writing of the side effects and risks of the
treatment, alternatives to the proposed treatment, and the
risks and benefits of the treatment. Any recipient who is a
resident of a mental health or developmental disabilities
facility shall be advised in writing of his right to refuse
such services pursuant to Section 2-107 of this Code. A
qualified professional shall be responsible for overseeing
the implementation of such plan. Such care and treatment
shall make reasonable accommodation of any physical
disability of the recipient, including but not limited to
include the regular use of sign language for any hearing
impaired individual for whom sign language is a primary mode
of communication. If the recipient is unable to communicate
effectively in English, the facility shall make reasonable
efforts to provide services to the recipient in a language
that the recipient understands.
(b) A recipient of services who is an adherent or a
member of any well-recognized religious denomination, the
principles and tenets of which teach reliance upon services
by spiritual means through prayer alone for healing by a duly
accredited practitioner thereof, shall have the right to
choose such services. The parent or guardian of a recipient
of services who is a minor, or a guardian of a recipient of
services who is not a minor, shall have the right to choose
services by spiritual means through prayer for the recipient
of services.
(Source: P.A. 90-538, eff. 12-1-97.)
(405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
Sec. 2-107. Refusal of services; informing of risks.
(a) An adult recipient of services, or, if the recipient
is under guardianship, the recipient's guardian, if the
recipient is under guardianship, and the recipient's
substitute decision maker, if any, must be informed of the
recipient's right to refuse medication. The recipient and
the recipient's guardian or substitute decision maker shall
be given the opportunity to refuse generally accepted mental
health or developmental disability services, including but
not limited to medication. If such services are refused,
they shall not be given unless such services are necessary to
prevent the recipient from causing serious and imminent
physical harm to the recipient himself or others and no less
restrictive alternative is available. The facility director
shall inform a recipient, or guardian, or substitute decision
maker, if any, who refuses such services of alternate
services available and the risks of such alternate services,
as well as the possible consequences to the recipient of
refusal of such services.
(b) Authorized involuntary treatment may be given under
this Section for up to 24 hours only if the circumstances
leading up to the need for emergency treatment are set forth
in writing in the recipient's record.
(c) Authorized involuntary treatment may not be
continued unless the need for such treatment is redetermined
at least every 24 hours based upon a personal examination of
the recipient by a physician or a nurse under the supervision
of a physician and the circumstances demonstrating that need
are set forth in writing in the recipient's record.
(d) Authorized involuntary treatment may not be
administered under this Section for a period in excess of 72
hours 3 consecutive days, excluding Saturdays, Sundays, and
holidays, unless the facility files a petition is filed
under Section 2-107.1 and the treatment continues to be
necessary under subsection (a) of this Section. Once the
petition has been filed, treatment may continue in compliance
with subsections (a), (b), and (c) of this Section until the
final outcome of the hearing on the petition. in order to
prevent the recipient from causing serious and imminent
physical harm to himself or herself or others.
(e) The Department shall issue rules designed to insure
that in State-operated mental health facilities authorized
involuntary treatment is administered in accordance with this
Section and only when appropriately authorized and monitored
by a physician or a nurse under the supervision of a
physician in accordance with accepted medical practice. The
facility director of each mental health facility not operated
by the State shall issue rules designed to insure that in
that facility authorized involuntary treatment is
administered in accordance with this Section and only when
appropriately authorized and monitored by a physician or a
nurse under the supervision of a physician in accordance with
accepted medical practice. Such rules shall be available for
public inspection and copying during normal business hours.
(f) The provisions of this Section with respect to the
emergency administration of authorized involuntary treatment
do not apply to facilities licensed under the Nursing Home
Care Act.
(g) Under no circumstances may long-acting psychotropic
medications be administered under this Section.
(Source: P.A. 89-427, eff. 6-1-96; 89-439, eff. 6-1-96;
90-538, eff. 12-1-97.)
(405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
Sec. 2-107.1. Administration of authorized involuntary
treatment upon application to a court.
(a) An adult recipient of services and the recipient's
guardian, if the recipient is under guardianship, and the
substitute decision maker, if any, shall be informed of the
recipient's right to refuse medication. The recipient and the
recipient's guardian or substitute decision maker shall be
given the opportunity to refuse generally accepted mental
health or developmental disability services, including but
not limited to medication.
(a-5) (a) Notwithstanding the provisions of Section
2-107 of this Code, authorized involuntary treatment may be
administered to an adult recipient of services without the
informed consent of the recipient under the following
standards:
(1) Any person 18 years of age or older, including
any guardian, may petition the circuit court for an order
authorizing the administration of authorized involuntary
treatment to a recipient of services. The petition shall
state that the petitioner has made a good faith attempt
to determine whether the recipient has executed 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 and to obtain copies of these instruments
if they exist. If either of the above-named instruments
is available to the petitioner, the instrument or a copy
of the instrument shall be attached to the petition as an
exhibit. The petitioner shall deliver a copy of the
petition, and notice of the time and place of the
hearing, to the respondent, his or her attorney, any
known agent or attorney-in-fact, if any, and the
guardian, if any, no later than 3 10 days prior to the
date of the hearing. Service of the petition and notice
of the time and place of the hearing may be made by
transmitting them via facsimile machine to the respondent
or other party. Upon receipt of the petition and notice,
the party served, or the person delivering the petition
and notice to the party served, shall acknowledge
service. If the party sending the petition and notice
does not receive acknowledgement of service within 24
hours, service must be made by personal service.
If the hearing is requested to be held immediately
following the hearing on a petition for involuntary
admission, then the notice requirement shall be the same as
that for the hearing on the petition for involuntary
admission, and the petition filed pursuant to this Section
shall be filed with the petition for involuntary admission.
The petition may include a request that the court authorize
such testing and procedures as may be essential for the safe
and effective administration of the authorized involuntary
treatment sought to be administered, but only where the
petition sets forth the specific testing and procedures
sought to be administered.
(2) The court shall hold a hearing within 7 14 days
of the filing of the petition. The People, the
petitioner, or the respondent shall be entitled to a
continuance of up to 7 days as of right. An additional
continuance of Continuances totaling not more than 7 14
days may be granted to any party (i) the recipient upon a
showing that the continuance is continuances are needed
in order to prepare adequately prepare for or present
evidence in a hearing under this Section or (ii) under
exceptional circumstances. The court may, in its
discretion, grant an additional continuance not to exceed
21 days when, in its discretion, the court determines
that such a continuance is necessary in order to provide
the recipient with an examination pursuant to Section
3-803 or 3-804 of this Act, to provide the recipient with
a trial by jury as provided in Section 3-802 of this Act,
or to arrange for the substitution of counsel as provided
for by the Illinois Supreme Court Rules continuances if
agreed to by all parties. The hearing shall be separate
from a judicial proceeding held to determine whether a
person is subject to involuntary admission but may be
heard immediately preceding or following such a judicial
proceeding and may be heard by the same trier of fact or
law as in that judicial proceeding.
(3) Unless otherwise provided herein, the
procedures set forth in Article VIII of Chapter 3 of this
Act, including the provisions regarding appointment of
counsel, shall govern hearings held under this subsection
(a-5) (a).
(4) Authorized involuntary treatment shall not be
administered to the recipient unless it has been
determined by clear and convincing evidence that all of
the following factors are present:
(A) That the recipient has a serious mental
illness or developmental disability.
(B) That because of said mental illness or
developmental disability, the recipient exhibits any
one of the following: (i) deterioration of his or
her ability to function, (ii) suffering, or (iii)
threatening behavior, or (iv) disruptive behavior.
(C) That the illness or disability has existed
for a period marked by the continuing presence of
the symptoms set forth in item (B) of this
subdivision (4) or the repeated episodic occurrence
of these symptoms.
(D) That the benefits of the treatment
outweigh the harm.
(E) That the recipient lacks the capacity to
make a reasoned decision about the treatment.
(F) That other less restrictive services have
been explored and found inappropriate.
(G) If the petition seeks authorization for
testing and other procedures, that such testing and
procedures are essential for the safe and effective
administration of the treatment.
(5) In no event shall an order issued under this
Section be effective for more than 90 days. However,
authorized involuntary treatment may be administered for
additional 90-day periods without limitation under
hearings that comply with the above standards and
procedures of this subsection (a-5) (a). If a new
petition to authorize the administration of authorized
involuntary treatment is filed at least 15 days prior to
the expiration of the prior order, and if any continuance
of the hearing is agreed to by the recipient, the
administration of the treatment may continue in
accordance with the prior order pending the completion of
a hearing under this Section.
(6) An order issued under this subsection (a-5) (a)
shall designate the persons authorized to administer the
authorized involuntary treatment under the standards and
procedures of this subsection (a-5) (a). Those persons
shall have complete discretion not to administer any
treatment authorized under this Section. The order shall
also specify the medications and the anticipated range of
dosages that have been authorized.
(b) A guardian may be authorized to consent to the
administration of authorized involuntary treatment to an
objecting recipient only under the standards and procedures
of subsection (a-5) (a).
(c) Notwithstanding any other provision of this Section,
a guardian may consent to the administration of authorized
involuntary treatment to a non-objecting recipient under
Article XIa of the Probate Act of 1975.
(d) Nothing in this Section shall prevent the
administration of authorized involuntary treatment to
recipients in an emergency under Section 2-107 of this Act.
(e) Notwithstanding any of the provisions of this
Section, authorized involuntary treatment 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.
(Source: P.A. 89-11, eff. 3-31-95; 89-439, eff. 6-1-96;
90-538, eff. 12-1-97.)
(405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
Sec. 2-200. (a) Upon commencement of services, or as
soon thereafter as the condition of the recipient permits,
every adult recipient, as well as the recipient's guardian or
substitute decision maker, and every recipient who is 12
years of age or older and the parent or guardian of a minor
or person under guardianship shall be informed orally and in
writing of the rights guaranteed by this Chapter which are
relevant to the nature of the recipient's his services
program. Every facility shall also post conspicuously in
public areas a summary of the rights which are relevant to
the services delivered by that facility.
(b) A recipient who is 12 years of age or older and the
parent or guardian of a minor or person under guardianship at
any time may designate, and upon commencement of services
shall be informed of the right to designate, a person or
agency to receive notice under Section 2-201 or to direct
that no information about the recipient be disclosed to any
person or agency.
(c) Upon commencement of services, or as soon thereafter
as the condition of the recipient permits, the facility shall
ask the adult recipient or minor recipient admitted pursuant
to Section 3-502 whether the recipient wants the facility to
contact the recipient's spouse, parents, guardian, close
relatives, friends, attorney, advocate from the Guardianship
and Advocacy Commission or the agency designated by the
Governor under Section 1 of "An Act in relation to the
protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named",
approved September 20, 1985, or others and inform them of the
recipient's presence at the facility. The facility shall by
phone or by mail contact at least two of those people
designated by the recipient and shall inform them of the
recipient's location. If the recipient so requests, the
facility shall also inform them of how to contact the
recipient.
(d) Upon commencement of services, or as soon thereafter
as the condition of the recipient permits, the facility shall
advise the recipient as to the circumstances under which the
law permits the use of emergency forced medication under
subsection (a) of Section 2-107, restraint under Section
2-108, or seclusion under Section 2-109. At the same time,
the facility shall inquire of the recipient which form of
intervention the recipient would prefer if any of these
circumstances should arise. The recipient's preference shall
be noted in the recipient's record and communicated by the
facility to the recipient's guardian or substitute decision
maker, if any, and any other individual designated by the
recipient. If any such circumstances subsequently do arise,
the facility shall give due consideration to the preferences
of the recipient regarding which form of intervention to use
as communicated to the facility by the recipient or as stated
in the recipient's advance directive.
(Source: P.A. 86-1417.)
(405 ILCS 5/2-201) (from Ch. 91 1/2, par. 2-201)
Sec. 2-201. (a) Whenever any rights of a recipient of
services that are specified in this Chapter are restricted,
the professional responsible for overseeing the
implementation of the recipient's services plan shall be
responsible for promptly giving notice of the restriction or
use of restraint or seclusion and the reason therefor to:
(1) the recipient and, if such recipient is a minor
or under guardianship, his parent or guardian;
(2) a person designated under subsection (b) of
Section 2-200 upon commencement of services or at any
later time to receive such notice;
(3) the facility director; and
(4) the Guardianship and Advocacy Commission, or
the agency designated under "An Act in relation to the
protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein
named", approved September 20, 1985, if either is so
designated; and.
(5) the recipient's substitute decision maker, if
any.
The professional shall also be responsible for promptly
recording such restriction or use of restraint or seclusion
and the reason therefor in the recipient's record.
(b) The facility director shall maintain a file of all
notices of restrictions of rights, or the use of restraint or
seclusion for the past 3 years. The facility director shall
allow the Guardianship and Advocacy Commission, the agency
designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of
persons with developmental disabilities, and amending Acts
therein named," approved September 20, 1985, and the
Department to examine and copy such records upon request.
Records obtained under this Section shall not be further
disclosed except pursuant to written authorization of the
recipient under Section 5 of the Mental Health and
Developmental Disabilities Confidentiality Act.
(Source: P.A. 86-1416.)
(405 ILCS 5/3-205.5 new)
Sec. 3-205.5. Examination and social investigation.
When any person is first presented for admission to a mental
health facility under Chapter III of this Code, within 72
hours thereafter, excluding Saturdays, Sundays, and holidays,
the facility shall provide or arrange for a comprehensive
physical examination, mental examination, and social
investigation of that person. The examinations and social
investigation shall be used to determine whether some program
other than hospitalization will meet the needs of the person,
with preference being given to care or treatment that will
enable the person to return to his or her own home or
community.
(405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207)
Sec. 3-207. (a) Hearings under Sections 3-405, 3-904 and
3-911 of this Chapter shall be conducted by a utilization
review committee. For hearings under Section 3-405, if the
Community Service Area has a participating mental health
center, the director of the participating mental health
center shall appoint a utilization review committee. The
Secretary shall appoint a utilization review committee at
each Department facility. Each such committee shall consist
of a multi-disciplinary group of professional staff members
who are trained and equipped to deal with the clinical and
treatment needs of recipients. The recipient and the objector
may be represented by persons of their choice.
(b) The committee shall not be bound by rules of
evidence or procedure but shall conduct the proceedings in a
manner intended to ensure a fair hearing. The committee may
make such investigation as it deems necessary. A record of
the proceedings shall be made and shall be kept in the
recipient's record. Within 3 days of conclusion of the
hearing, the committee shall submit to the facility director
or the director of the participating mental health center its
written recommendations which include its factual findings
and conclusions. A copy of the recommendations shall be
given to the recipient and the objector.
(c) Within 7 days of receipt of the recommendations, the
facility director or director of the participating mental
health center shall give written notice to the recipient and
objector of his acceptance or rejection of the
recommendations and his reason therefor. If the director of
the facility or participating mental health center rejects
the recommendations or if the recipient or objector requests
review of the director's decision, the director shall
promptly forward a copy of his decision, the recommendations,
and the record of the hearing to the Secretary of the
Department for final review. The decision of the director or
the decision of the Secretary of the Department, if his
review was requested, shall be considered a final
administrative decision.
(Source: P.A. 88-380; 88-484; 89-507, eff. 7-1-97.)
(405 ILCS 5/3-208) (from Ch. 91 1/2, par. 3-208)
Sec. 3-208. Whenever a petition has been executed
pursuant to Section 3-507, 3-601 or 3-701, and prior to this
examination for the purpose of certification of a person 12
or over, the person conducting this examination shall inform
the person being examined in a simple comprehensible manner
of the purpose of the examination; that he does not have to
talk to the examiner; and that any statements he makes may be
disclosed at a court hearing on the issue of whether he is
subject to involuntary admission. If the person being
examined has not been so informed, the examiner shall not be
permitted to testify at any subsequent court hearing
concerning the respondent's admission. If a community service
area has a participating mental health center, the qualified
certifier shall also so inform the person before any
evaluation may occur.
(Source: P.A. 88-484.)
(405 ILCS 5/3-300) (from Ch. 91 1/2, par. 3-300)
Sec. 3-300. Admission.
(a) Any person desiring admission to a mental health
facility for treatment of a mental illness may be admitted
upon his request without making formal application therefor
if, after examination, the facility director considers that
person clinically suitable for admission upon an informal
basis, except that if the Community Service Area has a
participating mental health center, no person shall be
admitted to a State-operated mental health facility until a
written statement, as required under Section 3-601.1,
recommending admission has been obtained from a qualified
certifier.
(b) Each recipient admitted under this Section shall be
informed in writing and orally at the time of admission of
his right to be discharged from the facility at any time
during the normal daily day-shift hours of operation, which
shall include but need not be limited to 9 a.m. to 5 p.m.
Such right to be discharged shall commence with the first
day-shift hours of operation after his admission.
(c) If the facility director decides to admit a person
as a voluntary recipient, he shall state in the recipient's
record the reason why informal admission is not suitable.
(Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)
(405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)
Sec. 3-400. Any person 16 or older may be admitted to a
mental health facility as a voluntary recipient for treatment
of a mental illness upon the filing of an application with
the facility director of the facility if the facility
director deems such person clinically suitable for admission
as a voluntary recipient, except that if the Community
Service Area has a participating mental health center, no
person shall be admitted to a State-operated mental health
facility until a written statement, as required under Section
3-601.1, recommending admission has been obtained from a
qualified certifier.
(Source: P.A. 88-380; 88-484.)
(405 ILCS 5/3-405) (from Ch. 91 1/2, par. 3-405)
Sec. 3-405. (a) If the facility director of a
Department mental health facility or a participating mental
health center declines to admit a person seeking admission
under Articles III or IV of this Chapter, a review of the
denial may be requested by the person seeking admission or,
with his consent, by an interested person on his behalf.
Such a request may be made on behalf of a minor presented for
admission under Section 3-502, 3-503 or 3-504 by the minor's
attorney, by the parent, guardian or person in loco parentis
who executed the application for his admission, or by the
minor himself if he is 16 years of age or older. Whenever
admission to a Department facility is denied, the person
seeking admission shall immediately be given written notice
of the right to request review of the denial under this
Section and shall be provided, if he is 12 or older, with the
address and phone number of the Guardianship and Advocacy
Commission. If the person requests, the facility director or
director of the participating mental health center shall
assist him in contacting the Commission. A written request
for review shall be submitted to the director of the facility
or the participating mental health center that denied
admission within 14 days of the denial. Upon receipt of the
request, the facility director or director of the
participating mental health center shall promptly schedule a
hearing to be held at the denying facility within 7 days
pursuant to Section 3-207.
(b) At the hearing the Department or the participating
mental health center shall have the burden of proving that
the person denied admission does not meet the standard set
forth in the Section under which admission is sought or that
an appropriate alternative community treatment program was
available to meet the person's needs and was offered. If the
utilization review committee finds that the decision denying
admission is based upon substantial evidence, it shall
recommend that the denial of admission be upheld. However, if
it finds that the facility to which admission is sought can
provide adequate and appropriate treatment for the person and
no appropriate community alternative treatment is available,
it shall recommend that the person denied admission be
admitted. If it determines that another facility can provide
treatment appropriate to the clinical condition and needs of
the person denied admission, it may recommend that the
Department or other agency assist the person in obtaining
such treatment.
(Source: P.A. 88-484.)
(405 ILCS 5/3-502) (from Ch. 91 1/2, par. 3-502)
Sec. 3-502. Any minor 16 years of age or older may be
admitted to a mental health facility as a voluntary recipient
under Article IV of this Chapter if the minor himself
executes the application, except that if the Community
Service Area has a participating mental health center, no
minor shall be admitted to a State-operated mental health
center until a written statement, as required under Section
3-601.1, recommending admission has been obtained from a
qualified certifier. A minor so admitted shall be treated as
an adult under Article IV and shall be subject to all of the
provisions of that Article. The minor's parent, guardian or
person in loco parentis shall be immediately informed of the
admission.
(Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)
(405 ILCS 5/3-503) (from Ch. 91 1/2, par. 3-503)
Sec. 3-503. Admission on application of parent or
guardian.
(a) Any minor may be admitted to a mental health
facility for inpatient treatment upon application to the
facility director, if the facility director finds that the
minor has a mental illness or emotional disturbance of such
severity that hospitalization is necessary and that the minor
is likely to benefit from inpatient treatment, except that if
admission is sought to a State-operated facility and the
Community Service Area has a participating mental health
center, no minor shall be admitted to a State-operated mental
health center until a written statement, as required under
Section 3-601.1, recommending admission or proposing
available alternative treatment has been obtained from a
qualified certifier. Except in cases of admission under
Section 3-504, prior to admission, a psychiatrist, clinical
social worker, or clinical psychologist who has personally
examined the minor shall state in writing that the minor
meets the standard for admission. The statement shall set
forth in detail the reasons for that conclusion and shall
indicate what alternatives to hospitalization have been
explored.
(b) The application may be executed by a parent or
guardian or, in the absence of a parent or guardian, by a
person in loco parentis. Application may be made for a minor
who is a ward of the State by the Department of Children and
Family Services or by the Department of Corrections.
(Source: P.A. 87-530; 88-484.)
(405 ILCS 5/3-504) (from Ch. 91 1/2, par. 3-504)
Sec. 3-504. Minors; emergency admissions.
(a) A minor who is eligible for admission under Section
3-503 and who is in a condition that immediate
hospitalization is necessary may be admitted upon the
application of a parent or guardian, or person in loco
parentis, or of an interested person 18 years of age or older
when, after diligent effort, the minor's parent, guardian or
person in loco parentis cannot be located or refuses to
consent to admission, except that if the Community Service
Area has a participating mental health center, no minor shall
be admitted to a State-operated mental health center until a
written statement, as required under Section 3-601.1,
recommending admission or proposing available alternative
treatment has been obtained from a qualified certifier.
Following admission of the minor, the facility director of
the mental health facility shall continue efforts to locate
the minor's parent, guardian or person in loco parentis. If
that person is located and consents in writing to the
admission, the minor may continue to be hospitalized.
However, upon notification of the admission, the parent,
guardian or person in loco parentis may request the minor's
discharge subject to the provisions of Section 3-508.
(b) A peace officer may take a minor into custody and
transport the minor to a mental health facility when, as a
result of his personal observation, the peace officer has
reasonable grounds to believe that the minor is eligible for
admission under Section 3-503 and is in a condition that
immediate hospitalization is necessary in order to protect
the minor or others from physical harm, except that if
admission is sought to a State-operated mental health
facility and the Community Service Area has a participating
mental health center, no minor shall be transported to a
State-operated facility until a written statement, as
required under Section 3-601.1, recommending admission or
proposing available alternative treatment has been obtained
from a qualified certifier. Upon arrival at the facility or
participating mental health center, the peace officer shall
complete an application under Section 3-503 and shall further
include a detailed statement of the reason for the assertion
that immediate hospitalization is necessary, including a
description of any acts or significant threats supporting the
assertion, the time and place of the occurrence of those acts
or threats, and the names, addresses and telephone numbers of
other witnesses of those acts or threats.
(c) If no parent, guardian or person in loco parentis
can be found within 3 days, excluding Saturdays, Sundays or
holidays, after the admission of a minor, or if that person
refuses either to consent to admission of the minor or to
request his discharge, a petition shall be filed under the
Juvenile Court Act of 1987 to ensure that appropriate
guardianship is provided.
(d) If, however, a court finds, based on the evaluation
by a psychiatrist, licensed clinical social worker, or
licensed clinical psychologist or the testimony or other
information offered by a parent, guardian, person acting in
loco parentis or other interested adults, that it is
necessary in order to complete an examination of a minor, the
court may order that the minor be admitted to a mental health
facility pending examination and may order a peace officer or
other person to transport the minor to the facility, except
that if the mental health facility is a State-operated mental
health facility and the Community Service Area has a
participating mental health center, the minor shall be seen
for a screening evaluation by a qualified certifier. After
examination, the participating mental health center shall
recommend to the court an appropriate treatment setting. If
the appropriate treatment setting is a State-operated mental
health facility, the participating mental health center shall
provide a written statement, as required under Section
3-601.1, obtained from a qualified certifier recommending
admission to a State-operated mental health facility.
(e) If a parent, guardian, or person acting in loco
parentis is unable to transport a minor to a mental health
facility for examination, the parent, guardian, or person
acting in loco parentis may petition the court to compel a
peace officer to take the minor into custody and transport
the minor to a mental health facility for examination. The
court may grant the order if the court finds, based on the
evaluation by a psychiatrist, licensed clinical social
worker, or licensed clinical psychologist or the testimony of
a parent, guardian, or person acting in loco parentis that
the examination is necessary and that the assistance of a
peace officer is required to effectuate admission of the
minor to a mental health facility.
(f) Within 24 hours after admission under this Section,
a psychiatrist or clinical psychologist who has personally
examined the minor shall certify in writing that the minor
meets the standard for admission. If no certificate is
furnished, the minor shall be discharged immediately.
(Source: P.A. 87-530; 88-484; 88-670, eff. 12-2-94.)
(405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601)
Sec. 3-601. Involuntary admission; petition.
(a) When a person is asserted to be subject to
involuntary admission and in such a condition that immediate
hospitalization is necessary for the protection of such
person or others from physical harm, any person 18 years of
age or older may present a petition to the facility director
of a mental health facility in the county where the
respondent resides or is present, except that if admission is
sought to a State-operated mental health facility and the
Community Service Area has a participating mental health
center, the petition may be presented to the qualified
certifier. No person shall be admitted to a State-operated
mental health facility until a written statement, as required
under Section 3-601.1, recommending admission has been
obtained from a qualified certifier, except that if the
person asserted to be subject to involuntary admission is
presented for admission directly to a State-operated mental
health facility or when no qualified certifier is immediately
available, the person shall be admitted to the State-operated
mental health facility and the participating mental health
center shall be notified, as provided in Section 3-603, and
shall provide a qualified certifier to conduct a screening
within 24 hours. The petition may be prepared by the
facility director of the facility.
(b) The petition shall include all of the following:
1. A detailed statement of the reason for the assertion
that the respondent is subject to involuntary admission,
including the signs and symptoms of a mental illness and a
description of any acts, or significant threats, or other
behavior or pattern or behavior supporting the assertion and
the time and place of their occurrence.;
2. The name and address of the spouse, parent, guardian,
substitute decision maker, if any, and close relative, or if
none, the name and address of any known friend of the
respondent whom the petitioner has reason to believe may know
or have any of the other names and addresses. If the
petitioner is unable to supply any such names and addresses,
the petitioner he shall state that diligent inquiry was made
to learn this information and specify the steps taken.;
3. The petitioner's relationship to the respondent and a
statement as to whether the petitioner has legal or financial
interest in the matter or is involved in litigation with the
respondent. If the petitioner has a legal or financial
interest in the matter or is involved in litigation with the
respondent, a statement of why the petitioner believes it
would not be practicable or possible for someone else to be
the petitioner.;
4. The names, addresses and phone numbers of the
witnesses by which the facts asserted may be proved.
(c) Knowingly making a material false statement in the
petition is a Class A misdemeanor.
(Source: P.A. 88-484.)
(405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
Sec. 3-603. (a) If no physician, qualified examiner, or
clinical psychologist or qualified certifier at a
participating mental health center is immediately available
or it is not possible after a diligent effort to obtain the
certificate provided for in Section 3-602, the respondent may
be detained for examination in a mental health facility upon
presentation of the petition alone pending the obtaining of
such a certificate, except that if admission is sought to a
State-operated mental health facility and the Community
Service Area has a participating mental health center, the
participating mental health center shall be notified and
shall provide a qualified certifier to conduct a screening
within 24 hours.
(b) In such instance the petition shall conform to the
requirements of Section 3-601 and further specify that:
1. the petitioner believes, as a result of his personal
observation, that the respondent is subject to involuntary
admission;
2. a diligent effort was made to obtain a certificate;
and
3. no physician, qualified examiner, or clinical
psychologist could be found who has examined or could examine
the respondent.
(Source: P.A. 88-484.)
(405 ILCS 5/3-606) (from Ch. 91 1/2, par. 3-606)
Sec. 3-606. A peace officer may take a person into
custody and transport him to a mental health facility when,
as a result of his personal observation, the peace officer
has reasonable grounds to believe that the person is subject
to involuntary admission and in need of immediate
hospitalization to protect such person or others from
physical harm, except that if treatment is sought to a
State-operated mental health facility and the Community
Service Area has a participating mental health center, the
person shall first be seen for a screening examination by a
qualified certifier. After examination, the participating
mental health center shall refer the person to an appropriate
treatment setting. If the appropriate treatment setting is a
State-operated mental health facility, the participating
mental health center shall provide a written statement as
required under Section 3-601.1. Upon arrival at the facility
or participating mental health center, the peace officer
shall complete the petition under Section 3-601.
(Source: P.A. 88-484.)
(405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
Sec. 3-607. Court ordered temporary detention and
examination. When, as a result of personal observation and
testimony in open court, any court has reasonable grounds to
believe that a person appearing before it is subject to
involuntary admission and in need of immediate
hospitalization to protect such person or others from
physical harm, the court may enter an order for the temporary
detention and examination of such person, except that if
detention and examination is ordered at a State-operated
mental health facility and the Community Service Area has a
participating mental health center, the person shall be seen
for a screening examination by a qualified certifier. After
examination the participating mental health center shall
recommend to the court an appropriate treatment setting. If
the appropriate treatment setting is a State-operated mental
health facility, the participating mental health center shall
provide a written statement as required under Section
3-601.1. The order shall set forth in detail the facts which
are the basis for its conclusion. The court may order a
peace officer to take the person into custody and transport
him to a mental health facility. The person may be detained
for examination for no more than 24 hours. If a petition and
certificate, as provided in this Article, are executed within
the 24 hours, the person may be admitted and the provisions
of this Article shall apply. If no petition or certificate
is executed, the person shall be released.
(Source: P.A. 88-484.)
(405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702)
Sec. 3-702. (a) The petition may be accompanied by the
certificate of a physician, qualified examiner, or clinical
psychologist which certifies that the respondent is subject
to involuntary admission and which contains the other
information specified in Section 3-602.
(b) Upon receipt of the petition either with or without
a certificate, if the court finds the documents are in order,
it may make such orders pursuant to Section 3-703 as are
necessary to provide for examination of the respondent. If
the petition is not accompanied by 2 certificates executed
pursuant to Section 3-703, the court may order the respondent
to present himself for examination at a time and place
designated by the court, except that if the place is a
State-operated mental health facility and the Community
Service Area has a participating mental health center, the
person shall be seen for a screening examination by a
qualified certifier. After examination, the participating
mental health center shall recommend to the court an
appropriate treatment setting. If the appropriate treatment
setting is a State-operated mental health facility, the
participating mental health center shall provide a written
statement, as required under Section 3-601.1, obtained from a
qualified certifier recommending admission to a
State-operated mental health facility. If the petition is
accompanied by 2 certificates executed pursuant to Section
3-703 and the court finds the documents are in order, it
shall set the matter for hearing.
(Source: P.A. 88-484.)
(405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)
Sec. 3-704. Examination; detention.
(a) The respondent shall be permitted to remain in his
or her place of residence pending any examination. The
respondent He may be accompanied by one or more of his or her
relatives or friends or by his or her attorney to the place
of examination. If, however, the court finds that it is
necessary in order to complete the examination the court may
order that the person be admitted to a mental health facility
pending examination and may order a peace officer or other
person to transport the person him there. If examination and
detention is sought at a State-operated mental health
facility and the Community Service Area has a participating
mental health center, the person shall be seen for a
screening examination by a qualified certifier. After
examination, the participating mental health center shall
recommend to the court an appropriate treatment setting. If
the appropriate setting is a State-operated mental health
facility, the participating mental health center shall
provide a written statement, as required under Section
3-601.1, obtained from a qualified certifier recommending
admission to a State-operated mental health facility.
Whenever possible The examination shall be conducted at a
local mental health facility or hospital or, if possible, in
the respondent's own place of residence. No person may be
detained for examination under this Section for more than 24
hours. The person shall be released upon completion of the
examination unless the physician, qualified examiner or
clinical psychologist executes a certificate stating that the
person is subject to involuntary admission and in need of
immediate hospitalization to protect such person or others
from physical harm. Upon admission under this Section
treatment may be given pursuant to Section 3-608.
(b) Not later than 24 hours, excluding Saturdays,
Sundays, and holidays, after admission under this Section,
the respondent shall be asked if he desires the petition and
the notice required under Section 3-206 sent to any other
persons and at least 2 such persons designated by the
respondent shall be sent the documents. At the time of his
admission the respondent shall be allowed to complete not
fewer than 2 telephone calls to such persons as he chooses.
(Source: P.A. 88-484.)
(405 ILCS 5/3-706) (from Ch. 91 1/2, par. 3-706)
Sec. 3-706. The court shall set a hearing to be held
within 5 days, excluding Saturdays, Sundays and holidays,
after its receipt of the second certificate or after the
respondent is admitted to a mental health facility, whichever
is earlier. The court shall direct that notice of the time
and place of hearing be served upon the respondent, his
attorney, and guardian, if any, his responsible relatives,
the participating mental health center for the Community
Service Area, if one exists, and the facility director.
Unless the respondent is admitted pursuant to Section 3-704,
he may remain at his residence pending the hearing. If,
however, the court finds it necessary, it may order a peace
officer or another person to have the respondent before the
court at the time and place set for hearing.
(Source: P.A. 88-484.)
(405 ILCS 5/3-810) (from Ch. 91 1/2, par. 3-810)
Sec. 3-810. Before disposition is determined, the
facility director or such other person as the court may
direct shall prepare a written report including information
on the appropriateness and availability of alternative
treatment settings, a social investigation of the respondent,
a preliminary treatment plan, and any other information which
the court may order. If the community service area has a
participating mental health center, the written statement as
required under Section 3-601.1 shall be attached to this
report. The treatment plan shall describe the respondent's
problems and needs, the treatment goals, the proposed
treatment methods, and a projected timetable for their
attainment. If the respondent is found subject to involuntary
admission, the court shall consider the report in determining
an appropriate disposition.
(Source: P.A. 88-484.)
(405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811)
Sec. 3-811. Involuntary admission; alternative mental
health facilities. If any person is found subject to
involuntary admission, the court shall consider alternative
mental health facilities which are appropriate for and
available to the respondent, including but not limited to
hospitalization. The court may order the respondent to
undergo a program of hospitalization in a mental health
facility designated by the Department, or alternative
treatment in a licensed private hospital or private mental
health facility if it agrees,; or in a facility of the United
States State Veterans Administration if it agrees; or the
court may order the respondent to undergo a program of
alternative treatment; or the court may place the respondent
in the care and custody of a relative or other person willing
and able to properly care for him or her; or in a mental
health facility recommended by the participating mental
health center of a Community Service Area, or if there is no
participating mental health center in a Community Service
Area, the Department shall designate the State-operated
mental health facility. If the participating mental health
center recommends a State-operated mental health facility,
the participating mental health center shall provide a
written statement as required under Section 3-601.1. The
court shall order the least restrictive alternative for
treatment which is appropriate.
(Source: P.A. 88-484.)
(405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812)
Sec. 3-812. Court ordered alternative treatment;
modification; revocation.
(a) Alternative treatment shall not be ordered unless
the program being considered is capable of providing adequate
and humane treatment in the least restrictive setting which
is appropriate to the respondent's condition.
The court shall have continuing authority to modify an
order for alternative treatment if the recipient fails to
comply with the order or is otherwise found unsuitable for
alternative treatment. Prior to modifying such an order, the
court shall receive a report from the facility director of
the program specifying why the alternative treatment is
unsuitable. The recipient shall be notified and given an
opportunity to respond when modification of the order for
alternative treatment is considered.
(b) If the court revokes an order for alternative
treatment and orders a recipient hospitalized, it may order a
peace officer to take the recipient into custody and
transport him to the facility. The court may order the
recipient to undergo a program of hospitalization at a
licensed private hospital or private mental health facility,
or a facility of the United States Veterans Administration,
if such private or Veterans Administration facility agrees to
such placement, or at a mental health facility designated by
the Department. participating mental health center of a
Community Service Area, and if there is no participating
mental health center in the Community Service Area, the
Department shall designate the State-operated mental health
facility. If the participating mental health center
designates a State-operated mental health facility, the
participating mental health center shall provide a written
statement as required under Section 3-601.1.
(Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)
(405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902)
Sec. 3-902. Director initiated discharge.
(a) The facility director may at any time discharge an
informal, voluntary, or minor recipient who is clinically
suitable for discharge, except that no person shall be
discharged from a State-operated mental health facility, if
there is a participating mental health center located in a
Community Service Area in which the recipient intends to
live, without a written notice to the participating mental
health center.
(b) The facility director shall discharge a recipient
admitted upon court order under this Chapter or any prior
statute where he is no longer subject to involuntary
admission. If the facility director believes that continuing
treatment is advisable for such recipient, he shall inform
the recipient of his right to remain as an informal or
voluntary recipient.
(c) When a facility director discharges or changes the
status of a recipient pursuant to this Section he shall
promptly notify the clerk of the court which entered the
original order of the discharge or change in status. Upon
receipt of such notice, the clerk of the court shall note the
action taken in the court record. If the person being
discharged is a person under legal disability, the facility
director shall also submit a certificate regarding his legal
status without disability pursuant to Section 3-907.
(d) When the facility director determines that discharge
is appropriate for a recipient pursuant to this Section or
Section 3-403 he or she shall notify the state's attorney of
the county in which the recipient resided immediately prior
to his admission to a mental health facility and the state's
attorney of the county where the last petition for commitment
was filed at least 48 hours prior to the discharge when
either state's attorney has requested in writing such
notification on that individual recipient or when the
facility director regards a recipient as a continuing threat
to the peace and safety of the community. Upon receipt of
such notice, the state's attorney may take any court action
or notify such peace officers that he deems appropriate.
(e) The facility director may grant a temporary release
to a recipient whose condition is not considered appropriate
for discharge where such release is considered to be
clinically appropriate, provided that the release does not
endanger the public safety.
(Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94; 89-439,
eff. 6-1-96.)
(405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)
Sec. 3-909. Alternative treatment. Any recipient
hospitalized or admitted to alternative treatment or care and
custody under Article VIII of this Chapter may at any time
petition the court for transfer to a different facility or
program of alternative treatment, to care and custody, or to
the care and custody of a different person. His attorney,
guardian, custodian, or responsible relative may file such a
petition on his behalf. If the recipient is in a private
facility, the facility may also petition for transfer.
Recipients in private facilities or United States Veterans
Administration facilities may petition for transfer to a
mental health facility designated by the Department.
recommended by the participating mental health center of a
Community Service Area, and if the participating mental
health center designates a State-operated mental health
facility, the participating mental health center shall
provide a written statement as required under Section
3-601.1. If there is no participating mental health center
in a community service area, the Department shall designate
the State-operated mental health facility. Recipients may
petition for transfer to a program of alternative treatment,
or to care and custody. Recipients in private facilities may
also petition for transfer to United States Veterans
Administration facilities. Recipients in United States
Veterans Administration facilities may also petition for
transfer to private facilities. Recipients in Department
facilities may petition for transfer to a private mental
health facility, a United States Veterans Administration
facility, a program of alternative treatment, or to care and
custody. Admission to a United States Veterans
Administration facility shall be governed by Article X of
this Chapter 3. No transfers between Department facilities
or between units of the same facility may be ordered under
this Section. An order for hospitalization shall not be
entered under this Section if the original order did not
authorize hospitalization unless a hearing is held pursuant
to Article VIII of this Chapter.
(Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)
(405 ILCS 5/5-104) (from Ch. 91 1/2, par. 5-104)
Sec. 5-104. The Department may prescribe and publish
rules and regulations to carry out the purposes of this Act
and to enforce the provisions this Act and may alter, amend
and supplement such rules and regulations relating to this
Act; but any person affected adversely by any order or ruling
of the Department is entitled to review as provided in
Section 6-100 of this Act. Pending final decision on such
review, the acts, orders and rulings of the Department shall
remain in full force and effect unless modified or suspended
by order of court pending final judicial decision thereof.
The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted and shall apply to all
administrative rules and procedures of the Department under
this Act, except that in case of conflict between the
Illinois Administrative Procedure Act and this Act the
provisions of this Act shall control, and except that Section
5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of
any rule required by federal law in connection with which the
Department is precluded by law from exercising any
discretion.
As part of such rules and regulations, the Department
shall require that any State operated facility and any
community agency, whether public or private, which provides
mental health or developmental disabilities services to any
person shall, with respect to such person, use a uniform case
opening form approved by the Department. The form shall
require that such person's Social Security number be obtained
and stated among other information requested. The facility
or agency may assign a case number to each recipient of its
services, and that number shall be provided to the Department
on any reports requested by the Department.
As part of the rules and regulations, the Department
shall develop and define the boundaries of the Community
Service Areas and Service Areas as defined by this Act. It
shall establish, by rule, the criteria for entering into
contracts or formal agreements with participating mental
health centers, including standards for the following:
24-hour crisis care, Medicaid certification, utilization
review rights of recipients under Section 3-207, emergency
admission processes, psychiatric coverage, linkage of persons
deflected from State-operated facilities, complaint
investigations and dispute resolutions, undomiciled
recipients, and revocation of contracts or formal agreements
with participating mental health centers. The rules and
regulations shall define a quality assurance process to be
implemented by participating mental health centers and the
Department involving the establishment of performance
indicators monitored by the Department to assure the delivery
of quality services that are subject to public
accountability. The rules and regulations shall be developed
with advice and input from community providers, primary and
secondary consumers, advocacy organizations, and other
interested parties.
(Source: P.A. 88-45; 88-484.)
(405 ILCS 5/5-117) (from Ch. 91 1/2, par. 5-117)
Sec. 5-117. The Attorney General shall defend all civil
actions and proceedings against any employee or agent of the
Department or of any participating mental health center
arising out of official duties in connection with the
apprehension, transportation, examination, services,
detention or discharge of any individual under this Act, in
any of the courts of this State or in federal court.
(Source: P.A. 88-484.)
(405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)
Sec. 6-103. (a) All persons acting in good faith and
without negligence in connection with the preparation of
applications, petitions, certificates or other documents, for
the apprehension, transportation, examination, treatment,
habilitation, detention or discharge of an individual under
the provisions of this Act incur no liability, civil or
criminal, by reason of such acts.
(b) There shall be no liability on the part of, and no
cause of action shall arise against, any person who is a
physician, clinical psychologist, or qualified examiner based
upon that person's failure to warn of and protect from a
recipient's threatened or actual violent behavior except
where the recipient has communicated to the person a serious
threat of physical violence against a reasonably identifiable
victim or victims. Nothing in this Section shall relieve any
employee or director of any residential mental health or
developmental disabilities facility from any duty he may have
to protect the residents of such a facility from any other
resident.
(c) Any duty which any person may owe to anyone other
than a resident of a mental health and developmental
disabilities facility shall be discharged by that person
making a reasonable effort to communicate the threat to the
victim and to a law enforcement agency, or by a reasonable
effort to obtain the hospitalization of the recipient.
(d) An act of omission or commission by a peace officer
acting in good faith in rendering emergency assistance or
otherwise enforcing this Code does not impose civil liability
on the peace officer or his or her supervisor or employer
unless the act is a result of willful or wanton misconduct.
(Source: P.A. 88-380.)
(405 ILCS 5/1-114.2 rep.)
(405 ILCS 5/1-114.3 rep.)
(405 ILCS 5/1-114.4 rep.)
(405 ILCS 5/1-114.5 rep.)
(405 ILCS 5/3-601.1 rep.)
Section 11. The Mental Health and Developmental
Disabilities Code is amended by repealing Sections 1-114.2,
1-114.3, 1-114.4, 1-114.5, and 3-601.1.
Section 15. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 10 as follows:
(740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 10. (a) Except as provided herein, in any civil,
criminal, administrative, or legislative proceeding, or in
any proceeding preliminary thereto, a recipient, and a
therapist on behalf and in the interest of a recipient, has
the privilege to refuse to disclose and to prevent the
disclosure of the recipient's record or communications.
(1) Records and communications may be disclosed in
a civil, criminal or administrative proceeding in which
the recipient introduces his mental condition or any
aspect of his services received for such condition as an
element of his claim or defense, if and only to the
extent the court in which the proceedings have been
brought, or, in the case of an administrative proceeding,
the court to which an appeal or other action for review
of an administrative determination may be taken, finds,
after in camera examination of testimony or other
evidence, that it is relevant, probative, not unduly
prejudicial or inflammatory, and otherwise clearly
admissible; that other satisfactory evidence is
demonstrably unsatisfactory as evidence of the facts
sought to be established by such evidence; and that
disclosure is more important to the interests of
substantial justice than protection from injury to the
therapist-recipient relationship or to the recipient or
other whom disclosure is likely to harm. Except in a
criminal proceeding in which the recipient, who is
accused in that proceeding, raises the defense of
insanity, no record or communication between a therapist
and a recipient shall be deemed relevant for purposes of
this subsection, except the fact of treatment, the cost
of services and the ultimate diagnosis unless the party
seeking disclosure of the communication clearly
establishes in the trial court a compelling need for its
production. However, for purposes of this Act, in any
action brought or defended under the Illinois Marriage
and Dissolution of Marriage Act, or in any action in
which pain and suffering is an element of the claim,
mental condition shall not be deemed to be introduced
merely by making such claim and shall be deemed to be
introduced only if the recipient or a witness on his
behalf first testifies concerning the record or
communication.
(2) Records or communications may be disclosed in a
civil proceeding after the recipient's death when the
recipient's physical or mental condition has been
introduced as an element of a claim or defense by any
party claiming or defending through or as a beneficiary
of the recipient, provided the court finds, after in
camera examination of the evidence, that it is relevant,
probative, and otherwise clearly admissible; that other
satisfactory evidence is not available regarding the
facts sought to be established by such evidence; and that
disclosure is more important to the interests of
substantial justice than protection from any injury which
disclosure is likely to cause.
(3) In the event of a claim made or an action filed
by a recipient, or, following the recipient's death, by
any party claiming as a beneficiary of the recipient for
injury caused in the course of providing services to such
recipient, the therapist and other persons whose actions
are alleged to have been the cause of injury may disclose
pertinent records and communications to an attorney or
attorneys engaged to render advice about and to provide
representation in connection with such matter and to
persons working under the supervision of such attorney or
attorneys, and may testify as to such records or
communication in any administrative, judicial or
discovery proceeding for the purpose of preparing and
presenting a defense against such claim or action.
(4) Records and communications made to or by a
therapist in the course of examination ordered by a court
for good cause shown may, if otherwise relevant and
admissible, be disclosed in a civil, criminal, or
administrative proceeding in which the recipient is a
party or in appropriate pretrial proceedings, provided
such court has found that the recipient has been as
adequately and as effectively as possible informed before
submitting to such examination that such records and
communications would not be considered confidential or
privileged. Such records and communications shall be
admissible only as to issues involving the recipient's
physical or mental condition and only to the extent that
these are germane to such proceedings.
(5) Records and communications may be disclosed in
a proceeding under the Probate Act of 1975, to determine
a recipient's competency or need for guardianship,
provided that the disclosure is made only with respect to
that issue.
(6) Records and communications may be disclosed
when such are made during treatment which the recipient
is ordered to undergo to render him fit to stand trial on
a criminal charge, provided that the disclosure is made
only with respect to the issue of fitness to stand trial.
(7) Records and communications of the recipient may
be disclosed in any civil or administrative proceeding
involving the validity of or benefits under a life,
accident, health or disability insurance policy or
certificate, or Health Care Service Plan Contract,
insuring the recipient, but only if and to the extent
that the recipient's mental condition, or treatment or
services in connection therewith, is a material element
of any claim or defense of any party, provided that
information sought or disclosed shall not be redisclosed
except in connection with the proceeding in which
disclosure is made.
(8) Records or communications may be disclosed when
such are relevant to a matter in issue in any action
brought under this Act and proceedings preliminary
thereto, provided that any information so disclosed shall
not be utilized for any other purpose nor be redisclosed
except in connection with such action or preliminary
proceedings.
(9) Records and communications of the recipient may
be disclosed in investigations of and trials for homicide
when the disclosure relates directly to the fact or
immediate circumstances of the homicide.
(10) Records and communications of a deceased
recipient may be disclosed to a coroner conducting a
preliminary investigation into the recipient's death
under Section 3-3013 of the Counties Code. However,
records and communications of the deceased recipient
disclosed in an investigation shall be limited solely to
the deceased recipient's records and communications
relating to the factual circumstances of the incident
being investigated in a mental health facility.
(11) Records and communications of a recipient
shall be disclosed in a proceeding where a petition or
motion is filed under the Juvenile Court Act of 1987 and
the recipient is named as a parent, guardian, or legal
custodian of a minor who is the subject of a petition for
wardship as described in Section 2-3 of that Act or a
minor who is the subject of a petition for wardship as
described in Section 2-4 of that Act alleging the minor
is abused, neglected, or dependent or the recipient is
named as a parent of a child who is the subject of a
petition, supplemental petition, or motion to appoint a
guardian with the power to consent to adoption under
Section 2-29 of the Juvenile Court Act of 1987.
(b) Before a disclosure is made under subsection (a),
any party to the proceeding or any other interested person
may request an in camera review of the record or
communications to be disclosed. The court or agency
conducting the proceeding may hold an in camera review on its
own motion. When, contrary to the express wish of the
recipient, the therapist asserts a privilege on behalf and in
the interest of a recipient, the court may require that the
therapist, in an in camera hearing, establish that disclosure
is not in the best interest of the recipient. The court or
agency may prevent disclosure or limit disclosure to the
extent that other admissible evidence is sufficient to
establish the facts in issue. The court or agency may enter
such orders as may be necessary in order to protect the
confidentiality, privacy, and safety of the recipient or of
other persons. Any order to disclose or to not disclose
shall be considered a final order for purposes of appeal and
shall be subject to interlocutory appeal.
(c) A recipient's records and communications may be
disclosed to a duly authorized committee, commission or
subcommittee of the General Assembly which possesses subpoena
and hearing powers, upon a written request approved by a
majority vote of the committee, commission or subcommittee
members. The committee, commission or subcommittee may
request records only for the purposes of investigating or
studying possible violations of recipient rights. The
request shall state the purpose for which disclosure is
sought.
The facility shall notify the recipient, or his guardian,
and therapist in writing of any disclosure request under this
subsection within 5 business days after such request. Such
notification shall also inform the recipient, or guardian,
and therapist of their right to object to the disclosure
within 10 business days after receipt of the notification and
shall include the name, address and telephone number of the
committee, commission or subcommittee member or staff person
with whom an objection shall be filed. If no objection has
been filed within 15 business days after the request for
disclosure, the facility shall disclose the records and
communications to the committee, commission or subcommittee.
If an objection has been filed within 15 business days after
the request for disclosure, the facility shall disclose the
records and communications only after the committee,
commission or subcommittee has permitted the recipient,
guardian or therapist to present his objection in person
before it and has renewed its request for disclosure by a
majority vote of its members.
Disclosure under this subsection shall not occur until
all personally identifiable data of the recipient and
provider are removed from the records and communications.
Disclosure under this subsection shall not occur in any
public proceeding.
(d) No party to any proceeding described under
paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
of this Section, nor his or her attorney, shall serve a
subpoena seeking to obtain access to records or
communications under this Act unless the subpoena is
accompanied by a written order issued by a judge, authorizing
the disclosure of the records or the issuance of the
subpoena. No person shall comply with a subpoena for records
or communications under this Act, unless the subpoena is
accompanied by a written order authorizing the issuance of
the subpoena or the disclosure of the records.
(e) When a person has been transported by a peace
officer to a mental health facility, then upon the request of
a peace officer, if the person is allowed to leave the mental
health facility within 48 hours of arrival, excluding
Saturdays, Sundays, and holidays, the facility director shall
notify the local law enforcement authority prior to the
release of the person. The local law enforcement authority
may re-disclose the information as necessary to alert the
appropriate enforcement or prosecuting authority.
(Source: P.A. 90-608, eff. 6-30-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
5 ILCS 350/1 from Ch. 127, par. 1301
405 ILCS 5/1-110.5 new
405 ILCS 5/1-113.5 new
405 ILCS 5/1-119 from Ch. 91 1/2, par. 1-119
405 ILCS 5/1-121 from Ch. 91 1/2, par. 1-121
405 ILCS 5/2-102 from Ch. 91 1/2, par. 2-102
405 ILCS 5/2-107 from Ch. 91 1/2, par. 2-107
405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1
405 ILCS 5/2-200 from Ch. 91 1/2, par. 2-200
405 ILCS 5/2-201 from Ch. 91 1/2, par. 2-201
405 ILCS 5/3-205.5 new
405 ILCS 5/3-207 from Ch. 91 1/2, par. 3-207
405 ILCS 5/3-208 from Ch. 91 1/2, par. 3-208
405 ILCS 5/3-300 from Ch. 91 1/2, par. 3-300
405 ILCS 5/3-400 from Ch. 91 1/2, par. 3-400
405 ILCS 5/3-405 from Ch. 91 1/2, par. 3-405
405 ILCS 5/3-502 from Ch. 91 1/2, par. 3-502
405 ILCS 5/3-503 from Ch. 91 1/2, par. 3-503
405 ILCS 5/3-504 from Ch. 91 1/2, par. 3-504
405 ILCS 5/3-601 from Ch. 91 1/2, par. 3-601
405 ILCS 5/3-603 from Ch. 91 1/2, par. 3-603
405 ILCS 5/3-606 from Ch. 91 1/2, par. 3-606
405 ILCS 5/3-607 from Ch. 91 1/2, par. 3-607
405 ILCS 5/3-702 from Ch. 91 1/2, par. 3-702
405 ILCS 5/3-704 from Ch. 91 1/2, par. 3-704
405 ILCS 5/3-706 from Ch. 91 1/2, par. 3-706
405 ILCS 5/3-810 from Ch. 91 1/2, par. 3-810
405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811
405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812
405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902
405 ILCS 5/3-909 from Ch. 91 1/2, par. 3-909
405 ILCS 5/5-104 from Ch. 91 1/2, par. 5-104
405 ILCS 5/5-117 from Ch. 91 1/2, par. 5-117
405 ILCS 5/6-103 from Ch. 91 1/2, par. 6-103
740 ILCS 110/10 from Ch. 91 1/2, par. 810
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