093_HB0088eng

 
HB0088 Engrossed                     LRB093 02345 AMC 02704 b

 1        AN ACT in relation to health care.

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

 4        Section   5.    The   Mental   Health  and  Developmental
 5    Disabilities  Administrative  Act  is  amended  by   changing
 6    Sections 4, 7, and 15 as follows:

 7        (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
 8        Sec.   4.  Supervision   of   facilities   and  services;
 9    quarterly reports.
10        (a)  To exercise executive and administrative supervision
11    over all facilities, divisions,  programs  and  services  now
12    existing   or   hereafter   acquired  or  created  under  the
13    jurisdiction of the Department, including,  but  not  limited
14    to, the following:
15             The Alton Mental Health Center, at Alton
16             The  Clyde L. Choate Mental Health and Developmental
17        Center, at Anna
18             The Chester Mental Health Center, at Chester
19             The Chicago-Read Mental Health Center, at Chicago
20             The Elgin Mental Health Center, at Elgin
21             The Metropolitan Children and Adolescents Center, at
22        Chicago
23             The   Jacksonville    Developmental    Center,    at
24        Jacksonville
25             The Governor Samuel H. Shapiro Developmental Center,
26        at Kankakee
27             The Tinley Park Mental Health Center, at Tinley Park
28             The  Warren  G.   Murray  Developmental  Center,  at
29        Centralia
30             The Jack Mabley Developmental Center, at Dixon
31             The Lincoln Developmental Center, at Lincoln
 
HB0088 Engrossed            -2-      LRB093 02345 AMC 02704 b
 1             The    H.   Douglas   Singer   Mental   Health   and
 2        Developmental Center, at Rockford
 3             The John J. Madden Mental Health Center, at Chicago
 4             The George A. Zeller Mental Health Center, at Peoria
 5             The  Andrew  McFarland  Mental  Health  Center,   at
 6        Springfield
 7             The Adolf Meyer Mental Health Center, at Decatur
 8             The William W. Fox Developmental Center, at Dwight
 9             The  Elisabeth Ludeman Developmental Center, at Park
10        Forest
11             The William A. Howe Developmental Center, at  Tinley
12        Park
13             The Ann M. Kiley Developmental Center, at Waukegan.
14        (b)  Beginning   not   later   than  July  1,  1977,  the
15    Department shall cause  each  of  the  facilities  under  its
16    jurisdiction  which  provide  in-patient  care to comply with
17    standards, rules and regulations of the Department of  Public
18    Health   prescribed   under  Section  6.05  of  the  Hospital
19    Licensing Act.
20        (c)  The Department  shall  issue  quarterly  reports  on
21    admissions,    deflections,    discharges,    bed   closures,
22    staff-resident ratios, census, and average  length  of  stay,
23    and   any  adverse  federal  certification  or  accreditation
24    findings, if any, for each State-operated  facility  for  the
25    mentally ill and developmentally disabled.
26    (Source: P.A. 91-357, eff. 7-29-99; 91-652, eff. 12-1-99.)

27        (20 ILCS 1705/7) (from Ch. 91 1/2, par. 100-7)
28        Sec.  7.  To  receive  and  provide  the highest possible
29    quality of humane and rehabilitative care  and  treatment  to
30    all   persons   admitted   or  committed  or  transferred  in
31    accordance with law to the facilities,  divisions,  programs,
32    and  services  under  the  jurisdiction of the Department. No
33    resident of another state shall be received  or  retained  to
 
HB0088 Engrossed            -3-      LRB093 02345 AMC 02704 b
 1    the  exclusion of any resident of this State.  No resident of
 2    another state shall be received or retained to the  exclusion
 3    of any resident of this State.  All recipients of 17 years of
 4    age  and  under  in  residence in a Department facility other
 5    than a facility for the care of the mentally  retarded  shall
 6    be  housed in quarters separated from older recipients except
 7    for: (a) recipients who are placed in medical-surgical  units
 8    because  of  physical  illness; and (b) recipients between 13
 9    and 18 years of age who need temporary security measures.
10        All recipients in a Department facility shall be given  a
11    dental examination by a licensed dentist or registered dental
12    hygienist at least once every 18 months and shall be assigned
13    to  a  dentist  for  such  dental  care  and  treatment as is
14    necessary.
15        All  medications  administered  to  recipients  shall  be
16    administered only by those persons who are legally  qualified
17    to  do  so  by  the laws of the State of Illinois. Medication
18    shall  not  be  prescribed  until  a  physical   and   mental
19    examination  of  the recipient has been completed. If, in the
20    clinical  judgment  of  a  physician,  it  is  necessary   to
21    administer medication to a recipient before the completion of
22    the  physical  and  mental examination, he may prescribe such
23    medication but he  must  file  a  report  with  the  facility
24    director  setting  forth  the  reasons  for  prescribing such
25    medication within 24 hours of the prescription. A copy of the
26    report shall be part of the recipient's record.
27        No later than January 1, 2005, the Department shall adopt
28    a  model  protocol  and  forms  for  recording  all   patient
29    diagnosis,   care,   and  treatment  at  each  State-operated
30    facility for the mentally ill  and  developmentally  disabled
31    under the jurisdiction of the Department.  The model protocol
32    and   forms  shall  be  used  by  each  facility  unless  the
33    Department determines that equivalent alternatives justify an
34    exemption.
 
HB0088 Engrossed            -4-      LRB093 02345 AMC 02704 b
 1        Every facility under the jurisdiction of  the  Department
 2    shall  maintain  a  copy of each report of suspected abuse or
 3    neglect of the patient. Copies of those reports shall be made
 4    available to the State Auditor General in connection with his
 5    biennial program audit of the facility as required by Section
 6    3-2 of the Illinois State Auditing Act.
 7        No  later  than  January  1,  2005,  each  State-operated
 8    facility for the mentally ill  and  developmentally  disabled
 9    under  the  jurisdiction  of  the Department and all services
10    provided in those facilities shall comply  with  all  of  the
11    applicable   standards   adopted   by   the  Social  Security
12    Administration  under  Subchapter  XVIII  (Medicare)  of  the
13    Social Security Act  (42  U.S.C.  1395  -  1395ccc),  if  the
14    facility  and  services may be eligible for federal financial
15    participation under that federal law.
16    (Source: P.A. 86-922; 86-1013; 86-1475.)

17        (20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15)
18        Sec. 15.  Before any person is released from  a  facility
19    operated  by the State pursuant to an absolute discharge or a
20    conditional discharge from hospitalization  under  this  Act,
21    the facility director of the facility in which such person is
22    hospitalized   shall   determine  that  such  person  is  not
23    currently in need of hospitalization and:
24             (a)  is able to live independently in the community;
25        or
26             (b)  requires further oversight and supervisory care
27        for which arrangements have been  made  with  responsible
28        relatives  or  supervised residential program approved by
29        the Department; or
30             (c)  requires  further  personal  care  or   general
31        oversight  as  defined  by the Nursing Home Care Act, for
32        which  placement  arrangements  have  been  made  with  a
33        suitable family home or other licensed facility  approved
 
HB0088 Engrossed            -5-      LRB093 02345 AMC 02704 b
 1        by the Department under this Section; or
 2             (d)  requires  community  mental health services for
 3        which arrangements have been made with a community mental
 4        health provider in accordance with  criteria,  standards,
 5        and procedures promulgated by rule.
 6        Such  determination  shall  be  made in writing and shall
 7    become a part of the facility record of  such  absolutely  or
 8    conditionally  discharged  person.   When  the  determination
 9    indicates  that  the condition of the person to be granted an
10    absolute discharge or a conditional  discharge  is  described
11    under  subparagraph  (c) or (d) of this Section, the name and
12    address of the continuing care facility or home to which such
13    person is to be released shall be  entered  in  the  facility
14    record.   Where  a discharge from a mental health facility is
15    made under subparagraph (c), the Department shall assign  the
16    person   so   discharged   to  an  existing  community  based
17    not-for-profit agency for  participation  in  day  activities
18    suitable  to  the  person's needs, such as but not limited to
19    social and vocational rehabilitation, and other recreational,
20    educational and financial  activities  unless  the  community
21    based  not-for-profit  agency is unable unqualified to accept
22    such assignment. Where the clientele or services to  existing
23    clientele  of any not-for-profit agency increases as a result
24    of assignments under this amendatory Act of the 93rd  General
25    Assembly  1977  by  more  than  3%  over  the prior year, the
26    Department  shall  fully  reimburse  such  agency   for   the
27    reasonable  increased  costs  of  providing  services to such
28    persons in excess of such 3% increase. The  Department  shall
29    keep  written  records  detailing  how many persons have been
30    assigned to a community based not-for-profit agency  and  how
31    many persons were not so assigned because the community based
32    agency  was  unable  to accept the assignments, in accordance
33    with criteria, standards, and procedures promulgated by rule.
34    Whenever a community based agency is found to  be  unable  to
 
HB0088 Engrossed            -6-      LRB093 02345 AMC 02704 b
 1    accept the assignments, the name of the agency and the reason
 2    for the finding shall be included in the report.
 3        Insofar  as  desirable  in  the  interests  of the former
 4    recipient,  the  facility,  program  or  home  in  which  the
 5    discharged person is to be placed shall be located in or near
 6    the  community  in  which  the  person   resided   prior   to
 7    hospitalization  or  in  the  community in which the person's
 8    family or nearest next of kin presently reside. Placement  of
 9    the  discharged  person  in  facilities,  programs  or  homes
10    located  outside  of  this  State  shall  not  be made by the
11    Department  unless  there  are  no  appropriate   facilities,
12    programs  or  homes available within this State. Out-of-state
13    placements shall be subject to return of recipients so placed
14    upon the availability of facilities, programs or homes within
15    this State to  accommodate  these  recipients,  except  where
16    placement  in  a  contiguous  state  results  in  locating  a
17    recipient  in a facility or program closer to the recipient's
18    home or  family.   If  an  appropriate  facility  or  program
19    becomes  available equal to or closer to the recipient's home
20    or family, the recipient shall be returned to and  placed  at
21    the appropriate facility or program within this State.
22        To  place  any  person  who  is  under  a  program of the
23    Department at board in a suitable  family  home  or  in  such
24    other  facility  or  program  as  the Department may consider
25    desirable.  The Department  may  place  in  licensed  nursing
26    homes,  sheltered  care  homes,  or  homes for the aged those
27    persons  whose  behavioral  manifestations  and  medical  and
28    nursing  care  needs  are  such  as   to   be   substantially
29    indistinguishable   from   persons  already  living  in  such
30    facilities.  Prior to any placement by the  Department  under
31    this  Section, a determination shall be made by the personnel
32    of the Department, as to the capability  and  suitability  of
33    such  facility  to adequately meet the needs of the person to
34    be discharged.  When specialized programs  are  necessary  in
 
HB0088 Engrossed            -7-      LRB093 02345 AMC 02704 b
 1    order  to  enable  persons  in  need  of supervised living to
 2    develop and improve in the community,  the  Department  shall
 3    place  such  persons  only  in  specialized  residential care
 4    facilities which shall meet  Department  standards  including
 5    restricted admission policy, special staffing and programming
 6    for  social and vocational rehabilitation, in addition to the
 7    requirements of the appropriate State licensing agency.   The
 8    Department  shall  not place any new person in a facility the
 9    license of which has been revoked or not renewed  on  grounds
10    of inadequate programming, staffing, or medical or adjunctive
11    services,  regardless  of  the  pendency  of  an  action  for
12    administrative review regarding such revocation or failure to
13    renew.  Before  the  Department  may transfer any person to a
14    licensed nursing home, sheltered care home or  home  for  the
15    aged  or  place  any person in a specialized residential care
16    facility  the  Department  shall  notify  the  person  to  be
17    transferred, or a responsible relative  of  such  person,  in
18    writing,  at least 30 days before the proposed transfer, with
19    respect to all the relevant facts concerning  such  transfer,
20    except  in  cases  of  emergency  when  such  notice  is  not
21    required.  If  either  the  person  to  be  transferred  or a
22    responsible relative of such person objects to such transfer,
23    in writing to the Department, at any time  after  receipt  of
24    notice  and before the transfer, the facility director of the
25    facility  in  which  the  person  was   a   recipient   shall
26    immediately  schedule  a  hearing  at  the  facility with the
27    presence of the facility director, the person who objected to
28    such proposed transfer, and a psychiatrist  who  is  familiar
29    with  the record of the person to be transferred. Such person
30    to  be  transferred  or  a  responsible   relative   may   be
31    represented  by  such  counsel  or interested party as he may
32    appoint, who may present such testimony with respect  to  the
33    proposed  transfer. Testimony presented at such hearing shall
34    become   a   part   of   the   facility   record    of    the
 
HB0088 Engrossed            -8-      LRB093 02345 AMC 02704 b
 1    person-to-be-transferred.  The  record  of testimony shall be
 2    held in the person-to-be-transferred's record in the  central
 3    files of the facility. If such hearing is held a transfer may
 4    only  be  implemented,  if  at  all,  in  accordance with the
 5    results of such hearing. Within 15 days  after  such  hearing
 6    the facility director shall deliver his findings based on the
 7    record  of  the  case  and  the  testimony  presented  at the
 8    hearing, by registered or certified mail, to the  parties  to
 9    such  hearing. The findings of the facility director shall be
10    deemed a final administrative decision of the Department. For
11    purposes of this Section, "case  of  emergency"  means  those
12    instances in which the health of the person to be transferred
13    is  imperiled  and the most appropriate mental health care or
14    medical  care  is  available  at  a  licensed  nursing  home,
15    sheltered care home or home for the  aged  or  a  specialized
16    residential care facility.
17        Prior to placement of any person in a facility under this
18    Section  the  Department  shall  ensure  that  an appropriate
19    training plan for staff is provided  by  the  facility.  Said
20    training   may   include  instruction  and  demonstration  by
21    Department personnel qualified in the area of mental  illness
22    or  mental  retardation,  as  applicable  to the person to be
23    placed.  Training may be given  both  at  the  facility  from
24    which  the  recipient  is  transferred  and  at  the facility
25    receiving the recipient, and may be available on a continuing
26    basis subsequent  to  placement.   In  a  facility  providing
27    services  to  former Department recipients, training shall be
28    available as necessary for  facility  staff.   Such  training
29    will  be  on  a continuing basis as the needs of the facility
30    and recipients change and further training is required.
31        The Department shall not place any person in  a  facility
32    which does not have appropriately trained staff in sufficient
33    numbers  to  accommodate  the recipient population already at
34    the facility.  As a condition of further or future placements
 
HB0088 Engrossed            -9-      LRB093 02345 AMC 02704 b
 1    of persons, the Department shall require  the  employment  of
 2    additional  trained  staff members at the facility where said
 3    persons are to be placed.   The  Secretary,  or  his  or  her
 4    designate,  shall  establish written guidelines for placement
 5    of persons in facilities under this Act. The Department shall
 6    keep written records detailing  which  facilities  have  been
 7    determined  to have staff who have been appropriately trained
 8    by the Department and all training which it has  provided  or
 9    required under this Section.
10        Bills  for  the support for a person boarded out shall be
11    payable monthly out of the proper maintenance funds and shall
12    be audited as any other accounts of  the  Department.   If  a
13    person  is  placed  in  a  facility  or  program  outside the
14    Department, the  Department  may  pay  the  actual  costs  of
15    residence,  treatment or maintenance in such facility and may
16    collect such actual costs  or  a  portion  thereof  from  the
17    recipient or the estate of a person placed in accordance with
18    this Section.
19        Other  than  those placed in a family home the Department
20    shall cause all persons who are  placed  in  a  facility,  as
21    defined  by  the  Nursing  Home  Care  Act,  or in designated
22    community living situations or programs,  to  be  visited  at
23    least  once  during  the first month following placement, and
24    once every month thereafter  for  the  first  year  following
25    placement  when  indicated, but at least quarterly. After the
26    first year, the Department shall determine at what point  the
27    appropriate  licensing  entity for the facility or designated
28    community  living  situation  or  program  will  assume   the
29    responsibility  of  ensuring  that  appropriate  services are
30    being provided to the resident.  Once that responsibility  is
31    assumed,  the  Department  may discontinue such visits.  If a
32    long term care facility has periodic care  plan  conferences,
33    the  visitor  may  participate  in those conferences, if such
34    participation is approved by the resident or  the  resident's
 
HB0088 Engrossed            -10-     LRB093 02345 AMC 02704 b
 1    guardian.  Visits  shall  be  made  by  qualified and trained
 2    Department personnel, or  their  designee,  in  the  area  of
 3    mental health or developmental disabilities applicable to the
 4    person  visited,  and  shall be made on a more frequent basis
 5    when indicated.  The Department may not use as  designee  any
 6    personnel    connected    with    or   responsible   to   the
 7    representatives of any facility in  which  persons  who  have
 8    been  transferred  under  this  Section  are placed.   In the
 9    course of such visit there  shall  be  consideration  of  the
10    following   areas,  but  not  limited  thereto:   effects  of
11    transfer  on  physical  and  mental  health  of  the  person,
12    sufficiency of nursing care and medical coverage required  by
13    the  person,  sufficiency  of  staff personnel and ability to
14    provide basic care for the person, social,  recreational  and
15    programmatic  activities  available for the person, and other
16    appropriate aspects of the person's environment.
17        A report containing the above observations shall be  made
18    to  the Department, to the licensing agency, and to any other
19    appropriate agency subsequent to each visitation.  The report
20    shall  contain  recommendations  to  improve  the  care   and
21    treatment  of  the  resident,  as  necessary,  which shall be
22    reviewed by the facility's  interdisciplinary  team  and  the
23    resident  or the resident's legal guardian. At the conclusion
24    of one year following absolute or conditional discharge, or a
25    longer period of time if  required  by  the  Department,  the
26    Department  may terminate the visitation requirements of this
27    Section as  to  a  person  placed  in  accordance  with  this
28    Section, by filing a written statement of termination setting
29    forth  reasons to substantiate the termination of visitations
30    in the person's file, and  sending  a  copy  thereof  to  the
31    person, and to his guardian or next of kin.
32        Upon  the  complaint  of  any person placed in accordance
33    with  this  Section  or  any  responsible  citizen  or   upon
34    discovery  that  such  person  has been abused, neglected, or
 
HB0088 Engrossed            -11-     LRB093 02345 AMC 02704 b
 1    improperly cared for, or that the placement does not  provide
 2    the   type  of  care  required  by  the  recipient's  current
 3    condition, the Department immediately shall investigate,  and
 4    determine  if  the well-being, health, care, or safety of any
 5    person is affected by any of the above  occurrences,  and  if
 6    any  one of the above occurrences is verified, the Department
 7    shall remove such  person  at  once  to  a  facility  of  the
 8    Department  or  to  another  facility outside the Department,
 9    provided such person's needs can be  met  at  said  facility.
10    The   Department  may  also  provide  any  person  placed  in
11    accordance with this Section who is without available  funds,
12    and  who  is  permitted  to  engage in employment outside the
13    facility,  such  sums  for  the  transportation,  and   other
14    expenses  as may be needed by him until he receives his wages
15    for such employment.
16        The Department shall  promulgate  rules  and  regulations
17    governing  the  purchase of care for persons who are wards of
18    or who are receiving  services  from  the  Department.   Such
19    rules  and  regulations shall apply to all monies expended by
20    any agency of the State of Illinois for services rendered  by
21    any  person, corporate entity, agency, governmental agency or
22    political subdivision whether public or  private  outside  of
23    the Department whether payment is made through a contractual,
24    per-diem or other arrangement.  No funds shall be paid to any
25    person, corporation, agency, governmental entity or political
26    subdivision   without   compliance   with   such   rules  and
27    regulations.
28        The rules and  regulations  governing  purchase  of  care
29    shall   describe  categories  and  types  of  service  deemed
30    appropriate for purchase by the Department.
31        Any provider of services under  this  Act  may  elect  to
32    receive  payment  for  those  services, and the Department is
33    authorized to arrange for that payment, by  means  of  direct
34    deposit   transmittals  to  the  service  provider's  account
 
HB0088 Engrossed            -12-     LRB093 02345 AMC 02704 b
 1    maintained at a bank, savings and loan association, or  other
 2    financial  institution.   The  financial institution shall be
 3    approved by the Department, and  the  deposits  shall  be  in
 4    accordance   with   rules  and  regulations  adopted  by  the
 5    Department.
 6    (Source: P.A. 89-507, eff. 7-1-97; 90-423, eff. 8-15-97.)

 7        Section 10.  The Abused  and  Neglected  Long  Term  Care
 8    Facility  Residents  Reporting  Act  is  amended  by changing
 9    Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 as follows:

10        (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
11        (Section scheduled to be repealed on January 1, 2004)
12        Sec. 6.2.  Inspector General.
13        (a)  The Governor shall appoint,  and  the  Senate  shall
14    confirm,  an  Inspector General.  The Inspector General shall
15    be appointed for a term of 4 years  and  who  shall  function
16    within  the  Department  of  Human Services and report to the
17    Secretary of Human Services and the Governor.  The  Inspector
18    General shall function independently within the Department of
19    Human  Services with respect to the operations of the office,
20    including the performance of investigations and  issuance  of
21    findings  and  recommendations.   The Inspector General shall
22    independently  submit  to  the  Governor  any   request   for
23    appropriations  necessary  for  the  ordinary  and contingent
24    expenses  of   the   Office   of   Inspector   General,   and
25    appropriations  for  that  office  shall be separate from the
26    Department of Human Services.  The  Inspector  General  shall
27    investigate  reports  of suspected abuse or neglect (as those
28    terms are defined in Section 3 of this Act)  of  patients  or
29    residents  in any mental health or developmental disabilities
30    facility operated by the Department  of  Human  Services  and
31    shall have authority to investigate and take immediate action
32    on  reports  of  abuse  or  neglect  of  recipients,  whether
 
HB0088 Engrossed            -13-     LRB093 02345 AMC 02704 b
 1    patients  or residents, in any mental health or developmental
 2    disabilities  facility  or  program  that  is   licensed   or
 3    certified  by  the Department of Human Services (as successor
 4    to  the  Department  of  Mental  Health   and   Developmental
 5    Disabilities)  or  that  is funded by the Department of Human
 6    Services (as successor to the Department of Mental Health and
 7    Developmental Disabilities) and is not licensed or  certified
 8    by any agency of the State.  At the specific, written request
 9    of  an agency of the State other than the Department of Human
10    Services (as successor to the Department of Mental Health and
11    Developmental  Disabilities),  the  Inspector   General   may
12    cooperate  in  investigating  reports of abuse and neglect of
13    persons with mental illness  or  persons  with  developmental
14    disabilities.    The   Inspector   General   shall   have  no
15    supervision over or  involvement  in  routine,  programmatic,
16    licensure,  or  certification operations of the Department of
17    Human Services or any of its funded agencies.
18        The Inspector General shall promulgate rules establishing
19    minimum requirements for reporting allegations of  abuse  and
20    neglect    and   initiating,   conducting,   and   completing
21    investigations.  The  promulgated  rules  shall  clearly  set
22    forth  that in instances where 2 or more State agencies could
23    investigate an allegation of abuse or neglect, the  Inspector
24    General  shall not conduct an investigation that is redundant
25    to an investigation conducted by another  State  agency.  The
26    rules  shall  establish  criteria for determining, based upon
27    the nature of  the  allegation,  the  appropriate  method  of
28    investigation, which may include, but need not be limited to,
29    site  visits,  telephone  contacts,  or  requests for written
30    responses from agencies. The rules shall also clarify how the
31    Office of the  Inspector  General  shall  interact  with  the
32    licensing  unit  of  the  Department  of  Human  Services  in
33    investigations  of  allegations  of  abuse  or  neglect.  Any
34    allegations or investigations of  reports  made  pursuant  to
 
HB0088 Engrossed            -14-     LRB093 02345 AMC 02704 b
 1    this  Act  shall  remain confidential until a final report is
 2    completed. The resident or patient who allegedly  was  abused
 3    or  neglected and his or her legal guardian shall be informed
 4    by the facility or agency of the report of alleged  abuse  or
 5    neglect. Final reports regarding unsubstantiated or unfounded
 6    allegations  shall  remain  confidential,  except  that final
 7    reports may be disclosed pursuant to Section 6 of this Act.
 8        The Inspector General shall be appointed for a term of  4
 9    years.
10        When   the   Office   of   the   Inspector   General  has
11    substantiated a case  of  abuse  or  neglect,  the  Inspector
12    General  shall  include in the final report any mitigating or
13    aggravating circumstances that  were  identified  during  the
14    investigation.   Upon  determination that a report of neglect
15    is substantiated, the Inspector General shall then  determine
16    whether such neglect rises to the level of egregious neglect.
17        (b)  The  Inspector  General  shall within 24 hours after
18    receiving a report of suspected abuse  or  neglect  determine
19    whether the evidence indicates that any possible criminal act
20    has been committed. If he determines that a possible criminal
21    act has been committed, or that special expertise is required
22    in   the  investigation,  he  shall  immediately  notify  the
23    Department of State Police.  The Department of  State  Police
24    shall  investigate  any  report indicating a possible murder,
25    rape, or other felony. All investigations  conducted  by  the
26    Inspector  General shall be conducted in a manner designed to
27    ensure the preservation of evidence for  possible  use  in  a
28    criminal prosecution.
29        (b-5)  The  Inspector  General shall make a determination
30    to accept or reject a preliminary report of the investigation
31    of  alleged   abuse   or   neglect   based   on   established
32    investigative  procedures.  Notice of the Inspector General's
33    determination must be given to the person who  claims  to  be
34    the  victim of the abuse or neglect, to the person or persons
 
HB0088 Engrossed            -15-     LRB093 02345 AMC 02704 b
 1    alleged to have been responsible for abuse or neglect, and to
 2    the facility or agency. The facility or agency or the  person
 3    or  persons alleged to have been responsible for the abuse or
 4    neglect and the person who claims to be  the  victim  of  the
 5    abuse or neglect may request clarification or reconsideration
 6    based   on  additional  information.   For  cases  where  the
 7    allegation  of  abuse  or  neglect  is   substantiated,   the
 8    Inspector  General  shall  require  the facility or agency to
 9    submit a written  response.   The  written  response  from  a
10    facility  or  agency  shall address in a concise and reasoned
11    manner the actions that the agency or facility will  take  or
12    has  taken  to  protect the resident or patient from abuse or
13    neglect,  prevent  reoccurrences,  and   eliminate   problems
14    identified  and  shall  include implementation and completion
15    dates for all such action.
16        (c)  The Inspector General shall, within 10 calendar days
17    after the transmittal date of a completed investigation where
18    abuse or neglect is substantiated or administrative action is
19    recommended, provide a complete report on  the  case  to  the
20    Secretary  of  Human  Services and to the agency in which the
21    abuse or neglect is alleged to have  happened.  The  complete
22    report  shall  include  a written response from the agency or
23    facility operated by the State to the Inspector General  that
24    addresses  in  a concise and reasoned manner the actions that
25    the agency or facility will take or has taken to protect  the
26    resident   or   patient   from   abuse  or  neglect,  prevent
27    reoccurrences, and eliminate problems  identified  and  shall
28    include  implementation  and  completion  dates  for all such
29    action.  The Secretary of  Human  Services  shall  accept  or
30    reject  the  response  and  establish how the Department will
31    determine  whether  the  facility  or  program  followed  the
32    approved response.   The  Secretary  may  require  Department
33    personnel  to  visit  the  facility  or  agency for training,
34    technical    assistance,    programmatic,    licensure,    or
 
HB0088 Engrossed            -16-     LRB093 02345 AMC 02704 b
 1    certification  purposes.   Administrative  action,  including
 2    sanctions, may be applied should  the  Secretary  reject  the
 3    response  or should the facility or agency fail to follow the
 4    approved response.   Within 30 days after the  Secretary  has
 5    approved  a  response,  the  facility  or  agency  making the
 6    response  shall  provide  an  implementation  report  to  the
 7    Inspector General on the  status  of  the  corrective  action
 8    implemented.    Within    60   days   after   receiving   the
 9    implementation report, the Inspector General shall conduct an
10    investigation, which may include, but need not be limited to,
11    site visits, telephone  contacts,  or  requests  for  written
12    documentation  from  the  facility  or  agency,  to determine
13    whether the facility or agency  is  in  compliance  with  the
14    approved  response.   The facility or agency shall inform the
15    resident or  patient  and  the  legal  guardian  whether  the
16    reported  allegation  was  substantiated, unsubstantiated, or
17    unfounded.  There shall be an appeals process for any  person
18    or   agency  that  is  subject  to  any  action  based  on  a
19    recommendation or recommendations.
20        (d)  The  Inspector  General   may   recommend   to   the
21    Departments  of Public Health and Human Services sanctions to
22    be  imposed   against   mental   health   and   developmental
23    disabilities   facilities   under  the  jurisdiction  of  the
24    Department of Human Services for the protection of residents,
25    including  appointment  of  on-site  monitors  or  receivers,
26    transfer or relocation of residents, and  closure  of  units.
27    The Inspector General may seek the assistance of the Attorney
28    General  or  any of the several State's attorneys in imposing
29    such sanctions.  Whenever the Inspector  General  issues  any
30    recommendations  to  the  Secretary  of  Human  Services, the
31    Secretary shall provide a written response.
32        (e)  The Inspector General shall  establish  and  conduct
33    periodic  training  programs for Department of Human Services
34    employees concerning the prevention and reporting of  neglect
 
HB0088 Engrossed            -17-     LRB093 02345 AMC 02704 b
 1    and abuse.
 2        (f)  The  Inspector General shall at all times be granted
 3    access to any mental  health  or  developmental  disabilities
 4    facility  operated by the Department of Human Services, shall
 5    establish  and  conduct  unannounced  site  visits  to  those
 6    facilities at least  once  annually,  and  shall  be  granted
 7    access, for the purpose of investigating a report of abuse or
 8    neglect,  to  the records of the Department of Human Services
 9    and to any facility or program funded by  the  Department  of
10    Human  Services  that is subject under the provisions of this
11    Section to investigation  by  the  Inspector  General  for  a
12    report of abuse or neglect.
13        (g)  Nothing  in  this Section shall limit investigations
14    by the Department of Human Services  that  may  otherwise  be
15    required by law or that may be necessary in that Department's
16    capacity  as the central administrative authority responsible
17    for the operation of State mental  health  and  developmental
18    disability facilities.
19        (g-5)  After notice and an opportunity for a hearing that
20    is  separate  and  distinct  from the Office of the Inspector
21    General's appeals process as implemented under subsection (c)
22    of this Section, the Inspector General shall  report  to  the
23    Department  of  Public  Health's  nurse  aide  registry under
24    Section 3-206.01 of the Nursing Home Care Act the identity of
25    individuals against  whom  there  has  been  a  substantiated
26    finding of physical or sexual abuse or egregious neglect of a
27    service recipient.
28        Nothing  in  this subsection shall diminish or impair the
29    rights of a person who is a member of a collective bargaining
30    unit pursuant to the Illinois Public Labor Relations  Act  or
31    pursuant to any federal labor statute. An individual who is a
32    member  of  a  collective  bargaining unit as described above
33    shall not be reported to the Department  of  Public  Health's
34    nurse aide registry until the exhaustion of that individual's
 
HB0088 Engrossed            -18-     LRB093 02345 AMC 02704 b
 1    grievance and arbitration rights, or until 3 months after the
 2    initiation  of the grievance process, whichever occurs first,
 3    provided that the Department of Human Services' hearing under
 4    subsection (c), that is separate and distinct from the Office
 5    of the Inspector General's appeals  process,  has  concluded.
 6    Notwithstanding  anything hereinafter or previously provided,
 7    if an action taken by an employer against an individual as  a
 8    result of the circumstances that led to a finding of physical
 9    or  sexual  abuse  or  egregious  neglect is later overturned
10    under a grievance or arbitration procedure  provided  for  in
11    Section 8 of the Illinois Public Labor Relations Act or under
12    a collective bargaining agreement, the report must be removed
13    from the registry.
14        The  Department  of  Human  Services  shall promulgate or
15    amend  rules  as  necessary  or  appropriate   to   establish
16    procedures  for  reporting  to  the  registry,  including the
17    definition of egregious neglect, procedures for notice to the
18    individual and victim, appeal  and  hearing  procedures,  and
19    petition  for  removal  of  the report from the registry. The
20    portion of the rules pertaining  to  hearings  shall  provide
21    that,  at  the  hearing, both parties may present written and
22    oral evidence. The Department shall be required to  establish
23    by  a  preponderance  of  the evidence that the Office of the
24    Inspector General's finding of physical or  sexual  abuse  or
25    egregious  neglect  warrants  reporting  to the Department of
26    Public Health's nurse aide registry under Section 3-206.01 of
27    the Nursing Home Care Act.
28        Notice to  the  individual  shall  include  a  clear  and
29    concise  statement  of the grounds on which the report to the
30    registry is based and notice of the opportunity for a hearing
31    to contest the report. The Department of Human Services shall
32    provide the notice  by  certified  mail  to  the  last  known
33    address   of  the  individual.  The  notice  shall  give  the
34    individual an opportunity to contest the report in a  hearing
 
HB0088 Engrossed            -19-     LRB093 02345 AMC 02704 b
 1    before  the  Department  of  Human  Services  or  to submit a
 2    written response to the  findings  instead  of  requesting  a
 3    hearing.  If  the individual does not request a hearing or if
 4    after notice and a hearing the Department of  Human  Services
 5    finds that the report is valid, the finding shall be included
 6    as  part  of  the registry, as well as a brief statement from
 7    the reported individual if  he  or  she  chooses  to  make  a
 8    statement.   The  Department  of  Public  Health  shall  make
 9    available to the public information reported to the registry.
10    In a case of inquiries concerning an individual listed in the
11    registry, any information disclosed concerning a  finding  of
12    abuse  or  neglect  shall  also  include  disclosure  of  the
13    individual's  brief statement in the registry relating to the
14    reported finding or include a clear and accurate  summary  of
15    the statement.
16        At  any  time  after  the  report  of  the  registry,  an
17    individual  may petition the Department of Human Services for
18    removal from the registry of the finding against him or  her.
19    Upon  receipt  of  such  a  petition, the Department of Human
20    Services shall conduct an investigation and  hearing  on  the
21    petition.   Upon completion of the investigation and hearing,
22    the Department of Human Services shall report the removal  of
23    the  finding  to  the registry unless the Department of Human
24    Services  determines  that  removal  is  not  in  the  public
25    interest.
26        (h)  This Section is repealed on January 1, 2004.
27    (Source: P.A. 91-169, eff.  7-16-99;  92-358,  eff.  8-15-01;
28    92-473, eff. 1-1-02; 92-651, eff. 7-11-02.)

29        (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
30        (Section scheduled to be repealed on January 1, 2004)
31        Sec.  6.3.  Quality Care Board.  There is created, within
32    the Department of Human Services'  Office  of  the  Inspector
33    General,  a  Quality  Care  Board to be composed of 7 members
 
HB0088 Engrossed            -20-     LRB093 02345 AMC 02704 b
 1    appointed by the Governor with the advice and consent of  the
 2    Senate.   One  of the members shall be designated as chairman
 3    by the Governor.  Of the initial  appointments  made  by  the
 4    Governor,  4 Board members shall each be appointed for a term
 5    of 4 years and 3 members shall each be appointed for  a  term
 6    of  2  years.   Upon  the expiration of each member's term, a
 7    successor shall be appointed for a term of 4 years.   In  the
 8    case  of  a vacancy in the office of any member, the Governor
 9    shall appoint a successor for the remainder of the  unexpired
10    term.
11        Members  appointed  by the Governor shall be qualified by
12    professional knowledge or experience  in  the  area  of  law,
13    investigatory  techniques,  or  in  the  area  of care of the
14    mentally  ill  or  developmentally  disabled.   Two   members
15    appointed  by the Governor shall be persons with a disability
16    or a parent of a person with  a  disability.   Members  shall
17    serve  without  compensation,  but  shall  be  reimbursed for
18    expenses incurred in connection with the performance of their
19    duties as members.
20        The Board  shall  meet  quarterly,  and  may  hold  other
21    meetings  on  the  call  of the chairman.  Four members shall
22    constitute  a  quorum.   The  Board  may  adopt   rules   and
23    regulations it deems necessary to govern its own procedures.
24        This Section is repealed on January 1, 2004.
25    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)

26        (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4)
27        (Section scheduled to be repealed on January 1, 2004)
28        Sec.  6.4.  Scope and function of the Quality Care Board.
29    The Board shall monitor and oversee the operations, policies,
30    and procedures of the Inspector General to assure the  prompt
31    and  thorough  investigation  of  allegations  of neglect and
32    abuse.  In fulfilling these responsibilities, the  Board  may
33    do the following:
 
HB0088 Engrossed            -21-     LRB093 02345 AMC 02704 b
 1             (1)  Provide independent, expert consultation to the
 2        Inspector   General   on   policies   and  protocols  for
 3        investigations of alleged neglect and abuse.
 4             (2)  Review existing  regulations  relating  to  the
 5        operation   of   facilities  under  the  control  of  the
 6        Department of Human Services.
 7             (3)  Advise the Inspector General as to the  content
 8        of training activities authorized under Section 6.2.
 9             (4)  Recommend   policies   concerning  methods  for
10        improving the intergovernmental relationships between the
11        office of  the  Inspector  General  and  other  State  or
12        federal agencies.
13        This Section is repealed on January 1, 2004.
14    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)

15        (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
16        (Section scheduled to be repealed on January 1, 2004)
17        Sec.  6.5.  Investigators.   Within  60  days  after  the
18    effective  date of this amendatory Act of 1992, The Inspector
19    General shall establish a  comprehensive  program  to  ensure
20    that   every  person  employed  or  newly  hired  to  conduct
21    investigations shall receive training on  an  on-going  basis
22    concerning  investigative  techniques,  communication skills,
23    and the appropriate means of contact with persons admitted or
24    committed to the mental health or developmental  disabilities
25    facilities  under the jurisdiction of the Department of Human
26    Services.
27        This Section is repealed on January 1, 2004.
28    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)

29        (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
30        (Section scheduled to be repealed on January 1, 2004)
31        Sec. 6.6.  Subpoenas; testimony; penalty.  The  Inspector
32    General shall have the power to subpoena witnesses and compel
 
HB0088 Engrossed            -22-     LRB093 02345 AMC 02704 b
 1    the   production   of   books  and  papers  pertinent  to  an
 2    investigation authorized by this Act, provided that the power
 3    to subpoena or to compel the production of books  and  papers
 4    shall  not  extend  to  the  person  or  documents of a labor
 5    organization or its representatives insofar as the person  or
 6    documents  of  a labor organization relate to the function of
 7    representing an employee subject to investigation under  this
 8    Act.  Mental health records of patients shall be confidential
 9    as   provided  under  the  Mental  Health  and  Developmental
10    Disabilities Confidentiality Act.  Any person  who  fails  to
11    appear in response to a subpoena or to answer any question or
12    produce  any  books  or  papers pertinent to an investigation
13    under this Act, except as otherwise provided in this Section,
14    or who knowingly gives false  testimony  in  relation  to  an
15    investigation   under  this  Act  is  guilty  of  a  Class  A
16    misdemeanor.
17        This Section is repealed on January 1, 2004.
18    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)

19        (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
20        (Section scheduled to be repealed on January 1, 2004)
21        Sec. 6.7.  Annual report.  The  Inspector  General  shall
22    provide  to  the  General Assembly and the Governor, no later
23    than January 1  of  each  year,  a  summary  of  reports  and
24    investigations  made under this Act for the prior fiscal year
25    with  respect  to  residents  of   institutions   under   the
26    jurisdiction of the Department of Human Services.  The report
27    shall  detail  the  imposition  of  sanctions  and  the final
28    disposition of those recommendations.   The  summaries  shall
29    not  contain  any  confidential  or  identifying  information
30    concerning  the  subjects  of the reports and investigations.
31    The report shall also include a trend analysis of the  number
32    of  reported  allegations  and  their  disposition,  for each
33    facility and Department-wide, for the most recent 3-year time
 
HB0088 Engrossed            -23-     LRB093 02345 AMC 02704 b
 1    period  and  a  statement,  for   each   facility,   of   the
 2    staffing-to-patient  ratios.   The  ratios shall include only
 3    the number of direct  care  staff.   The  report  shall  also
 4    include   detailed  recommended  administrative  actions  and
 5    matters for consideration by the General Assembly.
 6        This Section is repealed on January 1, 2004.
 7    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)

 8        (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
 9        (Section scheduled to be repealed on January 1, 2004)
10        Sec. 6.8.  Program  audit.   The  Auditor  General  shall
11    conduct  a  biennial  program  audit  of  the  office  of the
12    Inspector General in  relation  to  the  Inspector  General's
13    compliance  with  this  Act.   The  audit  shall specifically
14    include   the   Inspector    General's    effectiveness    in
15    investigating   reports   of  alleged  neglect  or  abuse  of
16    residents in any facility operated by the Department of Human
17    Services and in making recommendations for sanctions  to  the
18    Departments of Human Services and Public Health.  The Auditor
19    General  shall  conduct  the  program  audit according to the
20    provisions of the  Illinois  State  Auditing  Act  and  shall
21    report  its  findings  to  the General Assembly no later than
22    January 1 of each odd-numbered year.
23        This Section is repealed on January 1, 2004.
24    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.).

25        Section 15.  The Nursing Home  Care  Act  is  amended  by
26    changing Sections 2-106 and 2-106.1 as follows:

27        (210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)
28        Sec. 2-106.  (a) For purposes of this Act, (i) a physical
29    restraint  is  any  manual  method  or physical or mechanical
30    device, material, or equipment  attached  or  adjacent  to  a
31    resident's  body  that  the resident cannot remove easily and
 
HB0088 Engrossed            -24-     LRB093 02345 AMC 02704 b
 1    restricts freedom of movement or normal access to one's body.
 2    Devices  used  for  safety   precautions   and   positioning,
 3    including  but  not  limited  to  bed  rails, lap belts, gait
 4    belts, and cushions, shall not be considered to be restraints
 5    for purposes of this Section;   (ii) a chemical restraint  is
 6    any  drug used for discipline or convenience and not required
 7    to treat medical symptoms.  The  Department  shall  by  rule,
 8    designate  certain  devices as restraints, including at least
 9    all those devices which have been determined to be restraints
10    by the United States Department of Health and Human  Services
11    in   interpretive  guidelines  issued  for  the  purposes  of
12    administering Titles 18 and 19 of the Social Security Acts.
13        (b)  Neither  restraints  nor   confinements   shall   be
14    employed for the purpose of punishment or for the convenience
15    of  any  facility  personnel.  No  restraints or confinements
16    shall be employed  except  as  ordered  by  a  physician  who
17    documents the need for such restraints or confinements in the
18    resident's  clinical  record.   Each  facility licensed under
19    this Act must have a written policy to  address  the  use  of
20    restraints  and seclusion.  The Department shall establish by
21    rule the provisions that the policy must include,  which,  to
22    the   extent  practicable,  should  be  consistent  with  the
23    requirements  for  participation  in  the  federal   Medicare
24    program.   Each  policy  shall include periodic review of the
25    use of restraints.
26        (c)  A restraint may  be  used  only  with  the  informed
27    consent  of  the  resident, the resident's guardian, or other
28    authorized representative.  A restraint may be used only  for
29    specific  periods,  if  it  is  the  least  restrictive means
30    necessary to  attain  and  maintain  the  resident's  highest
31    practicable  physical,  mental  or  psychosocial  well-being,
32    including   brief   periods  of  time  to  provide  necessary
33    life-saving treatment.  A restraint may be  used  only  after
34    consultation  with  appropriate health professionals, such as
 
HB0088 Engrossed            -25-     LRB093 02345 AMC 02704 b
 1    occupational or physical therapists,  and  a  trial  of  less
 2    restrictive  measures  has  led to the determination that the
 3    use of less restrictive measures would not attain or maintain
 4    the  resident's  highest  practicable  physical,  mental   or
 5    psychosocial  well-being.  However,  if  the  resident  needs
 6    emergency  care,  restraints may be used for brief periods to
 7    permit medical treatment to proceed unless the  facility  has
 8    notice  that the resident has previously made a valid refusal
 9    of the treatment in question.
10        (d)  A restraint may be applied only by a person  trained
11    in the application of the particular type of restraint.
12        (e)  Whenever   a   period  of  use  of  a  restraint  is
13    initiated, the resident shall be advised of his or her  right
14    to  have  a  person  or  organization of his or her choosing,
15    including the Guardianship and Advocacy Commission,  notified
16    of  the  use  of  the  restraint.   A  recipient who is under
17    guardianship may request that a person or organization of his
18    or her choosing  be notified of the restraint, whether or not
19    the guardian  approves  the  notice.    If  the  resident  so
20    chooses,  the  facility shall make the notification within 24
21    hours, including any information about  the  period  of  time
22    that  the  restraint is to be used. Whenever the Guardianship
23    and Advocacy Commission is notified that a resident has  been
24    restrained,  it  shall  contact the resident to determine the
25    circumstances of the restraint and whether further action  is
26    warranted.
27        (f)  Whenever  a  restraint  is  used on a resident whose
28    primary mode of communication is sign language, the  resident
29    shall  be  permitted  to  have  his  or  her  hands free from
30    restraint for brief  periods  each  hour,  except  when  this
31    freedom  may  result  in  physical  harm  to  the resident or
32    others.
33        (g)  The requirements of this  Section  are  intended  to
34    control  in  any  conflict  with the requirements of Sections
 
HB0088 Engrossed            -26-     LRB093 02345 AMC 02704 b
 1    1-126 and  2-108  of  the  Mental  Health  and  Developmental
 2    Disabilities Code.
 3    (Source: P.A. 88-413.)

 4        (210 ILCS 45/2-106.1)
 5        Sec. 2-106.1.  Drug treatment.
 6        (a)  A resident shall not be given unnecessary drugs.  An
 7    unnecessary  drug  is  any  drug  used  in an excessive dose,
 8    including in duplicative  therapy;  for  excessive  duration;
 9    without adequate monitoring; without adequate indications for
10    its  use;  or  in  the  presence of adverse consequences that
11    indicate the drugs should be reduced  or  discontinued.   The
12    Department   shall   adopt,   by   rule,  the  standards  for
13    unnecessary drugs contained in interpretive guidelines issued
14    by the United States Department of Health and Human  Services
15    for  the  purposes  of  administering titles 18 and 19 of the
16    Social Security Act.
17        (b)  Psychotropic  medication  shall  not  be  prescribed
18    without the informed consent of the resident, the  resident's
19    guardian,  or other authorized representative.  "Psychotropic
20    medication" means medication that is used for  or  listed  as
21    used   for   antipsychotic,   antidepressant,  antimanic,  or
22    antianxiety  behavior  modification  or  behavior  management
23    purposes in the latest editions of the AMA  Drug  Evaluations
24    or the Physician's Desk Reference.
25        (c)  The  requirements  of  this  Section are intended to
26    control in a conflict with the requirements of Sections 2-102
27    1-102 and 2-107.2 of  the  Mental  Health  and  Developmental
28    Disabilities  Code  with  respect  to  the  administration of
29    psychotropic medication.
30    (Source: P.A. 88-413.)

31        Section 99.  Effective date.  This Section,  Section  10,
32    the changes to Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8
 
HB0088 Engrossed            -27-     LRB093 02345 AMC 02704 b
 1    of the Abused and Neglected Long Term Care Facility Residents
 2    Reporting  Act,  and  the  changes  to  Section  3-203 of the
 3    Nursing Home Care Act take effect upon becoming law.
 
HB0088 Engrossed            -28-     LRB093 02345 AMC 02704 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3                              SEE INDEX
 4    20 ILCS 1705/4            from Ch. 91 1/2, par. 100-4
 5    20 ILCS 1705/7            from Ch. 91 1/2, par. 100-7
 6    20 ILCS 1705/15           from Ch. 91 1/2, par. 100-15
 7    210 ILCS 30/6.2           from Ch. 111 1/2, par. 4166.2
 8    210 ILCS 30/6.3           from Ch. 111 1/2, par. 4166.3
 9    210 ILCS 30/6.4           from Ch. 111 1/2, par. 4166.4
10    210 ILCS 30/6.5           from Ch. 111 1/2, par. 4166.5
11    210 ILCS 30/6.6           from Ch. 111 1/2, par. 4166.6
12    210 ILCS 30/6.7           from Ch. 111 1/2, par. 4166.7
13    210 ILCS 30/6.8           from Ch. 111 1/2, par. 4166.8
14    210 ILCS 45/2-106         from Ch. 111 1/2, par. 4152-106
15    210 ILCS 45/2-106.1
16    210 ILCS 85/6.20
17    225 ILCS 65/5-10