Full Text of HB5557 100th General Assembly
HB5557 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5557 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED: |
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405 ILCS 5/2-107 | from Ch. 91 1/2, par. 2-107 |
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Amends the Mental Health and Developmental Disabilities Code. Provides that electroconvulsive therapy may not be administered under the emergency treatment provisions of the Code but may be administered under the administration of psychotropic medication and electroconvulsive therapy provisions of the Code upon application to a court.
Provides that the same written advisements about the treatment as required under other provisions of the Code of the side effects, risks, and benefits of the treatment, as well as alternatives to the proposed treatment, to the extent the advice is consistent with the recipient's ability to understand the information communicated and shall be given to the recipient as soon as the condition of the recipient permits and promptly to any substitute decision maker, unless already given under those provisions.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB5557 | | LRB100 19779 RLC 35054 b |
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| 1 | | AN ACT concerning health.
| 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 Code is amended by changing Section 2-107 as | 6 | | follows:
| 7 | | (405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
| 8 | | Sec. 2-107. Refusal of services; emergency treatment; | 9 | | informing of risks.
| 10 | | (a) An adult recipient of services or the recipient's | 11 | | guardian,
if the recipient is under guardianship, and the | 12 | | recipient's substitute
decision maker, if any, must be informed | 13 | | of the recipient's right to
refuse medication or | 14 | | electroconvulsive therapy. The recipient and the recipient's | 15 | | guardian or substitute
decision maker shall be given the | 16 | | opportunity to
refuse generally accepted mental health or | 17 | | developmental disability services,
including but not limited | 18 | | to medication or electroconvulsive therapy. Excluding | 19 | | electroconvulsive therapy, if If such services are refused, | 20 | | they
shall not be given unless such services are necessary to | 21 | | prevent the recipient
from causing serious and imminent | 22 | | physical harm to the recipient or others and
no less | 23 | | restrictive alternative is available. Electroconvulsive |
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| 1 | | therapy may not be administered under this Section but may be | 2 | | administered under Section 2-107.1 of this Code.
The facility | 3 | | director shall inform a recipient, guardian, or
substitute | 4 | | decision maker, if any, who refuses such
services of alternate | 5 | | services available and the risks of such alternate
services, as | 6 | | well as the possible consequences to the recipient of refusal | 7 | | of
such services. The same written advisements about the | 8 | | treatment as required under subsection (a-5) of Section 2-102 | 9 | | of this Code shall be given to the recipient as soon as the | 10 | | condition of the recipient permits and promptly to any | 11 | | substitute decision maker, unless already given under | 12 | | subsection (a-5) of Section 2-102.
| 13 | | (b) Psychotropic medication or electroconvulsive therapy | 14 | | may be administered
under this Section for
up to 24 hours only | 15 | | if the circumstances leading up to the need for emergency
| 16 | | treatment are set forth in writing in the recipient's record.
| 17 | | (c) Administration of medication or electroconvulsive | 18 | | therapy may not be continued unless the need
for such treatment | 19 | | is redetermined at least every 24 hours based upon a
personal | 20 | | examination of the recipient by a physician or a nurse under | 21 | | the
supervision of a physician and the circumstances | 22 | | demonstrating that need are
set forth in writing in the | 23 | | recipient's record.
| 24 | | (d) Psychotropic Neither psychotropic medication nor | 25 | | electroconvulsive therapy may not be administered under this
| 26 | | Section for a period in excess of 72 hours, excluding |
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| 1 | | Saturdays, Sundays, and
holidays, unless a petition is filed | 2 | | under Section 2-107.1 and the treatment
continues to be | 3 | | necessary under subsection (a) of this Section. Once the
| 4 | | petition has been filed, treatment may continue in compliance | 5 | | with subsections
(a), (b), and (c) of this Section until the | 6 | | final outcome of the hearing on the
petition.
| 7 | | (e) The Department shall issue rules designed to insure | 8 | | that in
State-operated mental health facilities psychotropic | 9 | | medication is and electroconvulsive therapy are
administered | 10 | | in accordance with this Section and only when appropriately
| 11 | | authorized and monitored by a physician or a nurse under the | 12 | | supervision
of a physician
in accordance with accepted medical | 13 | | practice. The facility director of each
mental health facility | 14 | | not operated by the State shall issue rules designed to
insure | 15 | | that in that facility psychotropic medication is and | 16 | | electroconvulsive therapy are administered
in
accordance with | 17 | | this Section and only when appropriately authorized and
| 18 | | monitored by a physician or a nurse under the supervision of a
| 19 | | physician in accordance with accepted medical practice. Such | 20 | | rules shall be
available for public inspection and copying | 21 | | during normal business hours.
| 22 | | (f) The provisions of this Section with respect to the | 23 | | emergency
administration of psychotropic medication and | 24 | | electroconvulsive therapy do not apply to facilities
licensed | 25 | | under the Nursing Home Care Act, the Specialized Mental Health | 26 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
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| 1 | | the MC/DD Act.
| 2 | | (g) Under no circumstances may electroconvulsive therapy | 3 | | or long-acting psychotropic medications be
administered under | 4 | | this Section.
| 5 | | (h) Whenever psychotropic medication or electroconvulsive | 6 | | therapy is refused pursuant to subsection (a) of this Section | 7 | | at least once that day, the physician shall determine and state | 8 | | in writing the reasons why the recipient did not meet the | 9 | | criteria for administration of medication or electroconvulsive | 10 | | therapy under subsection (a) and whether the recipient meets | 11 | | the standard for administration of psychotropic medication or | 12 | | electroconvulsive therapy under Section 2-107.1 of this Code. | 13 | | If the physician determines that the recipient meets the | 14 | | standard for administration of psychotropic medication or | 15 | | electroconvulsive therapy
under Section 2-107.1, the facility | 16 | | director or his or her designee shall petition the court for | 17 | | administration of psychotropic medication or electroconvulsive | 18 | | therapy pursuant to that Section unless the facility director | 19 | | or his or her designee states in writing in the recipient's | 20 | | record why the filing of such a petition is not warranted. This | 21 | | subsection (h) applies only to State-operated mental health | 22 | | facilities. | 23 | | (i) The Department shall conduct annual trainings for all | 24 | | physicians and registered nurses working in State-operated | 25 | | mental health facilities on the appropriate use of emergency | 26 | | administration of psychotropic medication and |
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| 1 | | electroconvulsive therapy , standards for its their use, and the | 2 | | methods of authorization under this Section.
| 3 | | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
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