HB3728 103RD GENERAL ASSEMBLY

LRB103 29801 SPS 56208 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3728

Introduced 2/17/2023, by Rep. Jenn Ladisch Douglass

SYNOPSIS AS INTRODUCED:

405 ILCS 5/3-512 new

Amends the Mental Health and Developmental Disabilities Code. Provides for protections for a minor 11 years of age or younger who is admitted to a mental health facility for inpatient treatment. Provides a mental health facility that violates these provisions shall pay a civil penalty to the Department of Human Services.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Code is amended by adding Section 3-512 as follows:

(405 ILCS 5/3-512 new)

Sec. 3-512. Protections for minors 11 years of age or younger admitted to a mental health facility.

(a) A minor 11 years of age or younger who is admitted to a mental health facility for inpatient treatment shall not:

(1) Be asked to consent to any medical testing, including, but not limited to, COVID-19 testing, blood tests, urine tests, or any other test on or about his or her person, other than an external temperature test, unless prior written consent of the minor's parent or guardian is obtained. If the tests are consented to by the parent or guardian, he or she shall have the right to be present or to speak to the minor by telephone, telehealth, or video conference, unless the minor is in immediate danger of death.

(2) Be threatened with sedation, guns, tasers, isolation, or restraint if he or she is not posing a physical threat to another person or property. The minor's refusal to allow a test or take a medication prescribed at the facility shall not be considered a physical threat to another person or property. If the minor refuses to take a life sustaining medication, such as insulin, a medical professional shall be contacted to help the minor with administration of the medication. Refusal by the minor's parent or guardian to consent to a medical test, or the minor's refusal to attend a group session, shall not be considered a physical threat to another person or property.

(3) Be threatened with force-feeding if he or she do not want to eat the food provided if his or her refusal is not related to an admission related to an eating disorder.

(4) Be placed in any groups sessions with minors 13 years of age or older.

(5) Be housed in a room with minors 13 years of age or older.

(6) Be strip searched without the prior written consent of the minor's parent or guardian and in the presence of the parent or guardian. The written consent shall be on a single page, with large and clear writing, and include bold lettering to notify the parent or guardian of the intent to strip search the minor and the procedure by which it will be performed. The parent or guardian may refuse to allow a strip search of the minor and still have the minor admitted to the facility.

(7) Be denied clothes and comfort items from home, including, a small blanket, stuffed animal, and photos of loved ones.

(8) Be moved from an emergency room to an inpatient facility by an ambulance service, unless:

(A) the minor's parent or guardian is not available to walk the minor to the inpatient facility;

(B) the minor is physically unable or refuses to walk to the inpatient facility; or

(C) the minor's parent or guardian does not have transportation available to drive the minor to the inpatient facility.

(b) A mental health facility that violates the provisions of subsection (a) shall pay a civil penalty to the Department in an amount determined by rule. All proceeds from the collection of any civil penalty shall be used to provide care for minors with mental health issues.