Bill Status of HB0100  98th General Assembly


Short Description:  MHDD ADMIN-CHESTER-TRANSPORT

House Sponsors
Rep. Jerry F. Costello, II - Brandon W. Phelps - Mike Smiddy

Senate Sponsors
(Sen. William Delgado)

Last Action
DateChamber Action
  8/16/2013HousePublic Act . . . . . . . . . 98-0356

Statutes Amended In Order of Appearance
20 ILCS 1705/14from Ch. 91 1/2, par. 100-14


Synopsis As Introduced
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the facility director of the Chester Mental Health Center may authorize the temporary use of transport devices on a civil recipient when necessary in the course of transport of the civil recipient outside the facility to maintain custody or security. Provides that the use of transport devices shall be reviewed and approved by a physician based upon a determination of the civil recipient's current functioning level, prior experience during similar transports, length, duration and purpose of trip, risk of unauthorized absence and risk of violence. Provides that staff transporting the individual shall be trained in the use of the transport devices and shall observe and monitor the individual while being transported. Provides that the facility shall keep a monthly record listing each instance in which transport devices are used, circumstances indicating the need for use of transport devices, and time of application of transport devices and time of release from those devices. Provides that the facility director shall allow the Illinois Guardianship and Advocacy Commission, the agency designated by the Governor under the Protection and Advocacy for Developmentally Disabled Persons Act, and the Department of Human Services to examine and copy the record upon request. Provides that this use of transport devices shall not be considered restraint as defined in the Mental Health and Developmental Disabilities Code. Effective immediately.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the facility director of the Chester Mental Health Center may authorize the temporary use of transport devices on a civil recipient when necessary in the course of transport of the civil recipient outside the facility to maintain custody or security. The decision whether to use any transport devices shall be reviewed and approved on an individualized basis by a physician based upon a determination of the civil recipient's: (1) history of violence, (2) history of violence during transports, (3) history of escapes and escape attempts, (4) history of trauma, (5) history of incidents of restraint or seclusion and use of involuntary medication, (6) current functioning level, (7) prior experience during similar transports, and (8) the length, duration, and purpose of the transport. Provides that the least restrictive transport device consistent with the individual's need shall be used. Provides that staff transporting the individual shall be trained in the use of the transport devices, recognizing and responding to a person in distress, and shall observe and monitor the individual while being transported. Provides that the facility shall keep a monthly record listing all transports, including those transports for which use of transport devices were not sought, those for which use of transport devices were sought but denied, and each instance in which transport devices are used, circumstances indicating the need for use of transport devices, time of application of transport devices, time of release from those devices, and any adverse events. Provides that the facility director shall allow the Illinois Guardianship and Advocacy Commission, the agency designated by the Governor under the Protection and Advocacy for Developmentally Disabled Persons Act, and the Department of Human Services to examine and copy the record upon request. Provides that this use of transport devices shall not be considered restraint as defined in the Mental Health and Developmental Disabilities Code. Defines "transport device". Effective immediately.

Senate Committee Amendment No. 2
Provides that one of the factors to be considered by a physician in approving and reviewing a decision to use a transport device when transporting a civil recipient outside the Chester Mental Health Center is the medical status of the recipient.

Actions 
DateChamber Action
  1/10/2013HouseFiled with the Clerk by Rep. Jerry F. Costello, II
  1/10/2013HouseFirst Reading
  1/10/2013HouseReferred to Rules Committee
  1/30/2013HouseAssigned to Human Services Committee
  2/6/2013HouseDo Pass / Short Debate Human Services Committee; 009-004-000
  2/6/2013HousePlaced on Calendar 2nd Reading - Short Debate
  2/19/2013HouseSecond Reading - Short Debate
  2/19/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/27/2013HouseAdded Chief Co-Sponsor Rep. Brandon W. Phelps
  2/27/2013HouseAdded Chief Co-Sponsor Rep. Mike Smiddy
  3/21/2013HouseThird Reading - Short Debate - Passed 115-001-000
  3/22/2013SenateArrive in Senate
  3/22/2013SenatePlaced on Calendar Order of First Reading
  3/26/2013SenateChief Senate Sponsor Sen. William Delgado
  4/3/2013SenateFirst Reading
  4/3/2013SenateReferred to Assignments
  4/16/2013SenateAssigned to Human Services
  4/30/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William Delgado
  4/30/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/1/2013SenatePostponed - Human Services
  5/1/2013SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. William Delgado
  5/1/2013SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/6/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Human Services
  5/6/2013SenateSenate Committee Amendment No. 2 Assignments Refers to Human Services
  5/7/2013SenateSenate Committee Amendment No. 1 Adopted
  5/7/2013SenateSenate Committee Amendment No. 2 Adopted
  5/8/2013SenateDo Pass as Amended Human Services; 008-000-000
  5/8/2013SenatePlaced on Calendar Order of 2nd Reading May 9, 2013
  5/17/2013SenateSecond Reading
  5/17/2013SenatePlaced on Calendar Order of 3rd Reading May 20, 2013
  5/20/2013SenateThird Reading - Passed; 053-000-000
  5/20/2013HouseArrived in House
  5/20/2013HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/21/2013HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Jerry F. Costello, II
  5/21/2013HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Jerry F. Costello, II
  5/21/2013HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/21/2013HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/21/2013HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Human Services Committee
  5/21/2013HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Human Services Committee
  5/22/2013HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Human Services Committee; 015-000-000
  5/22/2013HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Human Services Committee; 015-000-000
  5/28/2013HouseSenate Committee Amendment No. 1 House Concurs 117-000-000
  5/28/2013HouseSenate Committee Amendment No. 2 House Concurs 117-000-000
  5/28/2013HouseHouse Concurs
  5/28/2013HousePassed Both Houses
  6/19/2013HouseSent to the Governor
  8/16/2013HouseGovernor Approved
  8/16/2013HouseEffective Date August 16, 2013
  8/16/2013HousePublic Act . . . . . . . . . 98-0356