State of Illinois
2015 and 2016


Introduced 1/28/2015, by Sen. John J. Cullerton


405 ILCS 5/2-107  from Ch. 91 1/2, par. 2-107

    Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning refusal of services and informing of risks.

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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 Section 2-107 as
7    (405 ILCS 5/2-107)  (from Ch. 91 1/2, par. 2-107)
8    Sec. 2-107. Refusal of services; informing of risks.
9    (a) An adult recipient of services or the the recipient's
10guardian, if the recipient is under guardianship, and the
11recipient's substitute decision maker, if any, must be informed
12of the recipient's right to refuse medication or
13electroconvulsive therapy. The recipient and the recipient's
14guardian or substitute decision maker shall be given the
15opportunity to refuse generally accepted mental health or
16developmental disability services, including but not limited
17to medication or electroconvulsive therapy. If such services
18are refused, they shall not be given unless such services are
19necessary to prevent the recipient from causing serious and
20imminent physical harm to the recipient or others and no less
21restrictive alternative is available. The facility director
22shall inform a recipient, guardian, or substitute decision
23maker, if any, who refuses such services of alternate services



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1available and the risks of such alternate services, as well as
2the possible consequences to the recipient of refusal of such
4    (b) Psychotropic medication or electroconvulsive therapy
5may be administered under this Section for up to 24 hours only
6if the circumstances leading up to the need for emergency
7treatment are set forth in writing in the recipient's record.
8    (c) Administration of medication or electroconvulsive
9therapy may not be continued unless the need for such treatment
10is redetermined at least every 24 hours based upon a personal
11examination of the recipient by a physician or a nurse under
12the supervision of a physician and the circumstances
13demonstrating that need are set forth in writing in the
14recipient's record.
15    (d) Neither psychotropic medication nor electroconvulsive
16therapy may be administered under this Section for a period in
17excess of 72 hours, excluding Saturdays, Sundays, and holidays,
18unless a petition is filed under Section 2-107.1 and the
19treatment continues to be necessary under subsection (a) of
20this Section. Once the petition has been filed, treatment may
21continue in compliance with subsections (a), (b), and (c) of
22this Section until the final outcome of the hearing on the
24    (e) The Department shall issue rules designed to insure
25that in State-operated mental health facilities psychotropic
26medication and electroconvulsive therapy are administered in



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1accordance with this Section and only when appropriately
2authorized and monitored by a physician or a nurse under the
3supervision of a physician in accordance with accepted medical
4practice. The facility director of each mental health facility
5not operated by the State shall issue rules designed to insure
6that in that facility psychotropic medication and
7electroconvulsive therapy are administered in accordance with
8this Section and only when appropriately authorized and
9monitored by a physician or a nurse under the supervision of a
10physician in accordance with accepted medical practice. Such
11rules shall be available for public inspection and copying
12during normal business hours.
13    (f) The provisions of this Section with respect to the
14emergency administration of psychotropic medication and
15electroconvulsive therapy do not apply to facilities licensed
16under the Nursing Home Care Act, the Specialized Mental Health
17Rehabilitation Act of 2013, or the ID/DD Community Care Act.
18    (g) Under no circumstances may long-acting psychotropic
19medications be administered under this Section.
20    (h) Whenever psychotropic medication or electroconvulsive
21therapy is refused pursuant to subsection (a) of this Section
22at least once that day, the physician shall determine and state
23in writing the reasons why the recipient did not meet the
24criteria for administration of medication or electroconvulsive
25therapy under subsection (a) and whether the recipient meets
26the standard for administration of psychotropic medication or



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1electroconvulsive therapy under Section 2-107.1 of this Code.
2If the physician determines that the recipient meets the
3standard for administration of psychotropic medication or
4electroconvulsive therapy under Section 2-107.1, the facility
5director or his or her designee shall petition the court for
6administration of psychotropic medication or electroconvulsive
7therapy pursuant to that Section unless the facility director
8or his or her designee states in writing in the recipient's
9record why the filing of such a petition is not warranted. This
10subsection (h) applies only to State-operated mental health
12    (i) The Department shall conduct annual trainings for all
13physicians and registered nurses working in State-operated
14mental health facilities on the appropriate use of emergency
15administration of psychotropic medication and
16electroconvulsive therapy, standards for their use, and the
17methods of authorization under this Section.
18(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
19eff. 7-13-12; 98-104, eff. 7-22-13.)