Illinois General Assembly - Full Text of HB2936
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Full Text of HB2936  97th General Assembly




HB2936 EnrolledLRB097 02907 KTG 43126 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Sections 3-811 and
63-909 as follows:
7    (405 ILCS 5/3-811)  (from Ch. 91 1/2, par. 3-811)
8    Sec. 3-811. Involuntary admission; alternative mental
9health facilities.
10    (a) If any person is found subject to involuntary admission
11on an inpatient basis, the court shall consider alternative
12mental health facilities which are appropriate for and
13available to the respondent, including but not limited to
14hospitalization. The court may order the respondent to undergo
15a program of hospitalization in a mental health facility
16designated by the Department, in a licensed private hospital or
17private mental health facility if it agrees, or in a facility
18of the United States Veterans Administration if it agrees. If
19any person is found subject to involuntary admission on an
20outpatient basis, the court may order the respondent to undergo
21a program of alternative treatment; or the court may place the
22respondent in the care and custody of a relative or other
23person willing and able to properly care for him or her. The



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1court shall order the least restrictive alternative for
2treatment which is appropriate.
3    (b) Whenever a person is found subject to involuntary
4admission on an inpatient or outpatient basis, notice shall be
5provided to the petitioner, orally and in writing, of his or
6her right to receive notice of the recipient's discharge
7pursuant to Section 3-902(d).
8    (c) An order that a person is found subject to involuntary
9admission on an inpatient basis does not eliminate any
10obligations under the federal Emergency Medical Transport and
11Active Labor Act (EMTALA) of the transferring facility toward
12the receiving facility. Before implementing an order, the
13transferring facility shall notify the receiving facility of
14the recipient and obtain medical clearance for the recipient.
15(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10;
1696-1453, eff. 8-20-10.)
17    (405 ILCS 5/3-909)  (from Ch. 91 1/2, par. 3-909)
18    Sec. 3-909. Alternative treatment. Any recipient
19hospitalized or admitted to alternative treatment or care and
20custody under Article VIII of this Chapter may at any time
21petition the court for transfer to a different facility or
22program of alternative treatment, to care and custody, or to
23the care and custody of a different person. His attorney,
24guardian, custodian, or responsible relative may file such a
25petition on his behalf. If the recipient is in a private



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1facility, the facility may also petition for transfer.
2Recipients in private facilities or United States Veterans
3Administration facilities may petition for transfer to a mental
4health facility designated by the Department. Recipients may
5petition for transfer to a program of alternative treatment, or
6to care and custody. Recipients in private facilities may also
7petition for transfer to United States Veterans Administration
8facilities. Recipients in United States Veterans
9Administration facilities may also petition for transfer to
10private facilities. Recipients in Department facilities may
11petition for transfer to a private mental health facility, a
12United States Veterans Administration facility, a program of
13alternative treatment, or to care and custody. Admission to a
14United States Veterans Administration facility shall be
15governed by Article X of this Chapter 3. No transfers between
16Department facilities or between units of the same facility may
17be ordered under this Section. An order for hospitalization
18shall not be entered under this Section if the original order
19did not authorize hospitalization unless a hearing is held
20pursuant to Article VIII of this Chapter. An order of transfer
21entered under this Section does not eliminate any obligations
22under the federal Emergency Medical Transport and Active Labor
23Act (EMTALA) of the transferring facility toward the receiving
24facility. Before implementing an order of transfer, the
25transferring facility shall notify the receiving facility of
26the recipient and obtain medical clearance for the recipient.



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1(Source: P.A. 91-726, eff. 6-2-00.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.