HB5511 100TH GENERAL ASSEMBLY

LRB100 19519 RLC 34786 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5511

Introduced , by Rep. Deb Conroy

SYNOPSIS AS INTRODUCED:

405 ILCS 5/3-757 new

Amends the Mental Health and Developmental Disabilities Code. Provides that upon a petition filed by a family or household member, peace officer, or the court on its own motion and after a hearing, the court may order a person, who is a person subject to involuntary admission on an outpatient basis and for whom involuntary admission is based on the person exhibiting signs of addiction, to an outpatient treatment program that is a designated program licensed under the Alcoholism and Other Drug Abuse and Dependency Act in the county of the person's residence or in the nearest county of his or her residence, if a designated program is not available in his or her county of residence. Notwithstanding any other provision of the Code to the contrary, if taking medication is included in the person's plan of outpatient treatment, and the person's compliance with taking the medication is of concern to the physician prescribing the medication, the physician may order that the medication be administered by a periodic depot dosage in accordance with rules adopted by the Department of Human Services. In the event of noncompliance of the person with taking the depot dosage of the medication, the physician shall inform: (1) the court, which may impose any sanctions which may have been waived as a result of the person's participation in outpatient treatment; and (2) the designated program for an assessment to determine what mental health services are appropriate to treat the person's addiction and where those services may be provided. Provides that the person shall be afforded the protections and procedures provided for in the Code. Provides that the period of involuntary admission based on addiction shall not exceed 90 days unless the person is subject to involuntary admission based on other factors described in the Code.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

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

Section 5. The Mental Health and Developmental Disabilities Code is amended by adding Section 3-757 as follows:

(405 ILCS 5/3-757 new)

Sec. 3-757. Outpatient treatment; emergency petition; addiction; court order.

(a) In this Section:

"Addict" means a person who exhibits the disease known as "addiction".

"Addiction" means a disease process characterized by the continued use of a specific psycho-active substance despite physical, psychological, or social harm. The term also describes the advanced stages of chemical dependency.

"Depot dosage" means a form of medication that can be stored in a person's body for several days or weeks.

"Designated program" has the meaning ascribed to it in Section 1-10 of the Alcoholism and Other Drug Abuse and Dependency Act.

"Family or household member" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986.

(b) Upon a petition filed by a family or household member, peace officer, or the court on its own motion and after a hearing under this Article, the court may order a person, who is a person subject to involuntary admission on an outpatient basis and for whom involuntary admission is based on the person exhibiting signs of addiction, to an outpatient treatment program that is a designated program licensed under the Alcoholism and Other Drug Abuse and Dependency Act in the county of the person's residence or in the nearest county of his or her residence, if a designated program is not available in his or her county of residence. Notwithstanding any other provision of this Code to the contrary, if taking medication is included in the person's plan of outpatient treatment, and the person's compliance with taking the medication is of concern to the physician prescribing the medication, the physician may order that the medication be administered by a periodic depot dosage in accordance with rules adopted by the Department. In the event of noncompliance of the person with taking the depot dosage of the medication, the physician shall inform:

(1) the court, which may impose any sanctions which may have been waived as a result of the person's participation in outpatient treatment; and

(2) the designated program for an assessment to determine what mental health services are appropriate to treat the person's addiction and where those services may be provided. The person shall be afforded the protections and procedures provided for in Article I of Chapter II of this Code.

(c) The period of involuntary admission based on addiction shall not exceed 90 days unless the person is subject to involuntary admission based on other factors described in this Code.