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| 1 | AN ACT concerning health.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Mental Health and Developmental | ||||||
| 5 | Disabilities Code is amended by changing Section 4-211 as | ||||||
| 6 | follows: | ||||||
| 7 | (405 ILCS 5/4-211 new) | ||||||
| 8 | Sec. 4-211. Sex education for persons admitted to a
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| 9 | developmental disability facility and receiving habilitation. | ||||||
| 10 | In this Section, "healthy sexual practices" means a state of | ||||||
| 11 | physical, emotional, mental, and social well-being in relation | ||||||
| 12 | to sexuality. A person
admitted to a developmental disability | ||||||
| 13 | facility and receiving habilitation shall have access to sex | ||||||
| 14 | education, related
resources, and treatment planning that | ||||||
| 15 | supports his or her right to sexual health and healthy sexual | ||||||
| 16 | practices and to be free from sexual exploitation and abuse.
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| 17 | The person receiving habilitation shall be assessed: | ||||||
| 18 | (1) on whether he or she has decision making capacity | ||||||
| 19 | to give consent to sexual activity; and | ||||||
| 20 | (2) for developmentally appropriate sex education | ||||||
| 21 | materials and resources. | ||||||
| 22 | As part of the assessments, consideration shall be given to | ||||||
| 23 | medical, psychological, and psycho-social
evaluations. The | ||||||
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| 1 | person's decision making capacity to consent to sexual activity | ||||||
| 2 | and the
developmentally appropriate sex education materials | ||||||
| 3 | and resources shall be determined by the
treatment team that | ||||||
| 4 | includes the individual, professionals who have knowledge of | ||||||
| 5 | the individual, and
the individual's guardian, if appointed. | ||||||
| 6 | Guardian decision making shall be made in accordance
with the | ||||||
| 7 | court order of appointment and the
standards of decision making | ||||||
| 8 | established by Section 11a-17 of the Probate Act of 1975. The | ||||||
| 9 | Department shall approve course material in sex education. | ||||||
| 10 | Course material and
instruction in sex education shall: | ||||||
| 11 | (A) be appropriate to the developmental disability of
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| 12 | the recipient; | ||||||
| 13 | (B) present identity as a part of mature
adulthood; | ||||||
| 14 | (C) replicate evidence-based programs or substantially | ||||||
| 15 | incorporate elements of
evidence-based programs; | ||||||
| 16 | (D) place substantial emphasis on the prevention of | ||||||
| 17 | pregnancy and
sexually transmitted infections and diseases | ||||||
| 18 | and shall stress that abstinence is the ensured method of
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| 19 | avoiding unintended pregnancy and sexually transmitted | ||||||
| 20 | infections and diseases, including HIV/AIDS; | ||||||
| 21 | (E) include a
discussion of the possible emotional and | ||||||
| 22 | psychological consequences of sexual intercourse
and the | ||||||
| 23 | consequences of unwanted pregnancy; | ||||||
| 24 | (F) stress that sexually transmitted infections and | ||||||
| 25 | diseases
are serious possible health hazards of unwanted | ||||||
| 26 | pregnancy; | ||||||
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| 1 | (G) provide information on the use or effectiveness of | ||||||
| 2 | condoms in preventing
pregnancy, HIV/AIDS, and other | ||||||
| 3 | sexually transmitted infections and diseases; | ||||||
| 4 | (H) teach recipients to avoid behavior that
could be | ||||||
| 5 | interpreted as unwanted sexual advances, and how to reject | ||||||
| 6 | unwanted sexual
advances; and | ||||||
| 7 | (I) explain signs of possible dangers from potential | ||||||
| 8 | predators. | ||||||
| 9 | The Department may
not withhold approval of materials that | ||||||
| 10 | otherwise meet the criteria specified in this Section on the | ||||||
| 11 | basis that
they include or refer to a religious or faith based | ||||||
| 12 | perspective.
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