Rep. Anna Moeller

Filed: 5/6/2019





10100SB1510ham001LRB101 08498 RPS 60228 a


2    AMENDMENT NO. ______. Amend Senate Bill 1510 as follows:
3on page 1, line 5, by deleting "2-204,"; and
4on page 7, by replacing lines 14 through 19 with "enforced by
5an action brought by the Department for injunctive relief,
6civil penalties, or both injunctive relief and civil penalties
7in the name of the People of Illinois. The Department may
8initiate such action upon its own complaint or the complaint of
9any other interested party."; and
10on page 7, line 23, by deleting "person and"; and
11by deleting line 18 on page 8 through line 25 on page 11; and
12on page 16, line 11, after "3-103.1", by inserting ", if any";



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1on page 16, line 15, by deleting "regularly"; and
2on page 16, by replacing line 26 with "shall be imposed for the
3quarter beginning October 1, 2020 and"; and
4on page 17, line 5, by replacing "twice" with "one and
5one-half"; and
6on page 17, by deleting lines 19 through 26; and
7on page 20, line 3, after "may", by inserting "elect to"; and
8on page 20, immediately below line 12, by inserting the
10    "Section 10. The Specialized Mental Health Rehabilitation
11Act of 2013 is amended by changing Section 3-106 as follows:
12    (210 ILCS 49/3-106)
13    Sec. 3-106. Pharmaceutical treatment.
14    (a) A consumer shall not be given unnecessary drugs. An
15unnecessary drug is any drug used in an excessive dose,
16including in duplicative therapy; for excessive duration;
17without adequate monitoring; without adequate indications for
18its use; or in the presence of adverse consequences that



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1indicate the drug should be reduced or discontinued. The
2Department shall adopt, by rule, the standards for unnecessary
4    (b) (Blank). Informed consent shall be required for the
5prescription of psychotropic medication consistent with the
6requirements contained in subsection (b) of Section 2-106.1 of
7the Nursing Home Care Act.
8    (b-5) Psychotropic medication shall not be prescribed
9without the informed consent of the consumer, the consumer's
10guardian, or other authorized representative. "Psychotropic
11medication" means medication that is used for or listed as used
12for antipsychotic, antidepressant, antimanic, or antianxiety
13behavior modification or behavior management purposes in the
14latest editions of the AMA Drug Evaluations or the Physician's
15Desk Reference. The Department shall adopt, by rule, a protocol
16specifying how informed consent for psychotropic medication
17may be obtained or refused. The protocol shall require, at a
18minimum, a discussion between (i) the consumer or the
19consumer's authorized representative and (ii) the consumer's
20physician, a registered pharmacist (who is not a dispensing
21pharmacist for the facility where the consumer lives), or a
22licensed nurse about the possible risks and benefits of a
23recommended medication and the use of standardized consent
24forms designated by the Department. Each form developed by the
25Department (i) shall be written in plain language, (ii) shall
26be able to be downloaded from the Department's official



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1website, (iii) shall include information specific to the
2psychotropic medication for which consent is being sought, and
3(iv) shall be used for every consumer for whom psychotropic
4drugs are prescribed. In addition to creating those forms, the
5Department shall approve the use of any other informed consent
6forms that meet criteria developed by the Department.
7    In addition to any other penalty prescribed by law, a
8facility that is found to have violated this subsection, or the
9federal certification requirement that informed consent be
10obtained before administering a psychotropic medication, shall
11thereafter be required to obtain the signatures of 2 licensed
12health care professionals on every form purporting to give
13informed consent for the administration of a psychotropic
14medication, certifying the personal knowledge of each health
15care professional that the consent was obtained in compliance
16with the requirements of this subsection.
17    The requirements of this Section are intended to control in
18a conflict with the requirements of Sections 2-102 and 2-107.2
19of the Mental Health and Developmental Disabilities Code with
20respect to the administration of psychotropic medication.
21    (c) No drug shall be administered except upon the order of
22a person lawfully authorized to prescribe for and treat mental
24    (d) All drug orders shall be written, dated, and signed by
25the person authorized to give such an order. The name,
26quantity, or specific duration of therapy, dosage, and time or



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1frequency of administration of the drug and the route of
2administration if other than oral shall be specific.
3    (e) Verbal orders for drugs and treatment shall be received
4only by those authorized under Illinois law to do so from their
5supervising physician. Such orders shall be recorded
6immediately in the consumer's record by the person receiving
7the order and shall include the date and time of the order.
8(Source: P.A. 98-104, eff. 7-22-13.)".