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91_HB0646
LRB9101980DJcdA
1 AN ACT concerning mental 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 adding Sections 1-100.5,
6 1-101.2, 1-110.1, 1-115.5, 2-107.3, and 3-205.5 and by
7 changing Sections 1-117, 1-119, 2-102, 2-107, 2-107.1, 2-200,
8 3-600, 3-601, 3-601.1, 3-601.2, 3-602, 3-607, 3-608, 3-704,
9 and 6-103 as follows:
10 (405 ILCS 5/1-100.5 new)
11 Sec. 1-100.5. Purpose and policy.
12 (a) Purpose. This Code is intended to ensure that a
13 person's right to personal autonomy is guarded not only from
14 unwarranted intervention by others, but from its functional
15 loss due to delusion, mental debilitation, or any other
16 impairment caused by mental illness. Involuntary treatment
17 is for the purpose of ensuring treatment so that the
18 recipient does not suffer long-term disability, may be
19 restored to a condition in which he or she would not be
20 subject to involuntary treatment, and may pursue the life
21 activities otherwise normal to the person with the mental
22 illness. Recipients should not be deprived of treatment due
23 to a lack of decisional capacity with respect to their
24 condition that makes it impossible for them to consent to
25 appropriate treatment.
26 (b) Policy. The State of Illinois recognizes that prompt
27 and appropriate treatment is cost effective and in the best
28 interests of the recipient and the State and that a prompt
29 and effective judicial process is essential in ensuring the
30 rights and interests of the recipient and the State. This
31 Code is intended to adopt and promote laws and practices that
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1 increase access to timely and humane treatment for persons
2 with mental illnesses, incorporating current scientific
3 knowledge and medical advances, thereby decreasing
4 deterioration, homelessness, jailings, suicide, violence, and
5 other devastating consequences of a lack of treatment to the
6 individual and the community.
7 (405 ILCS 5/1-101.2 new)
8 Sec. 1-101.2. "Adult" means a person who is 18 years of
9 age or older or who is an emancipated minor under the
10 Emancipation of Mature Minors Act.
11 (405 ILCS 5/1-110.1 new)
12 Sec. 1-110.1. "Substitute decision maker" means a person
13 granted a power of attorney under the Powers of Attorney for
14 Health Care Law, a person designated as attorney-in-fact
15 under the Mental Health Treatment Preference Declaration Act,
16 or a person appointed as guardian.
17 (405 ILCS 5/1-115.5 new)
18 Sec. 1-115.5. "Mental illness" means an organic, mental
19 or mood disorder that does not emanate solely from substance
20 abuse and that substantially impairs a person's thoughts,
21 perception of reality, emotional process, judgment, behavior,
22 or ability to cope with ordinary demands of life.
23 (405 ILCS 5/1-117) (from Ch. 91 1/2, par. 1-117)
24 Sec. 1-117. "Minor" means a person under 18 years of age
25 , other than an emancipated minor under the Emancipation of
26 Mature Minors Act.
27 (Source: P.A. 80-1414.)
28 (405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
29 Sec. 1-119. "Person subject to involuntary admission" or
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1 "subject to involuntary admission" means any of the following
2 :
3 (1) A person with mental illness and who because of his
4 or her illness is reasonably expected to inflict serious
5 physical harm upon himself or herself or another in the near
6 future.; or
7 (2) A person with mental illness and who because of his
8 or her illness is unable to provide for his or her basic
9 physical needs so as to guard himself or herself from serious
10 harm. When any person is presented for admission to a mental
11 health facility under this subsection within 7 days
12 thereafter, the facility shall provide or arrange for a
13 comprehensive physical and mental examination and social
14 investigation of that person. This examination shall be used
15 to determine whether some program other than hospitalization
16 will meet the needs of such person with preference being
17 given to care or treatment in his own community.
18 (3) A person with mental illness whose judgment is
19 impaired to such an extent that:
20 (A) the person's condition has deteriorated to the
21 point that the person has become, or shows clear signs of
22 deterioration to the point that without timely treatment
23 he or she is reasonably expected in the near future to
24 become, vulnerable to danger, harm, or misuse or abuse by
25 others as a result of his or her mental condition; and
26 (B) other less restrictive services have been
27 explored and found inappropriate; and
28 (C) the benefits of involuntary admission outweigh
29 the harm.
30 (Source: P.A. 88-380.)
31 (405 ILCS 5/2-102) (from Ch. 91 1/2, par. 2-102)
32 Sec. 2-102. (a) A recipient of services shall be
33 provided with adequate and humane care, and services, and
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1 treatment in the least restrictive environment in which the
2 recipient's needs for care, services, and treatment can be
3 met. Services must be provided , pursuant to an individual
4 services plan, which shall be formulated and periodically
5 reviewed with the participation of the recipient to the
6 extent feasible. and, Where appropriate, the such recipient's
7 next nearest of kin, or guardian, or substitute decision
8 maker will be included as a participant. A qualified
9 professional must be responsible for overseeing the
10 implementation of the plan.
11 (a-5) If the services include the administration of
12 authorized involuntary treatment, the physician shall advise
13 the recipient, in writing, of the side effects, and risks,
14 and benefits of the treatment, as well as and alternatives to
15 the proposed treatment, and the risks and benefits thereof,
16 to the extent such advice is consistent with the nature and
17 frequency of the side effects and the recipient's ability to
18 understand the information communicated. The physician shall
19 determine and state in writing whether the recipient has the
20 capacity to make a reasoned decision about the treatment. If
21 the recipient lacks the capacity to make a reasoned decision
22 about the treatment, the physician must then advise the
23 recipient's substitute decision maker or guardian about the
24 treatment options in writing. If the recipient lacks the
25 capacity to make a reasoned decision about the treatment, the
26 treatment may be administered only (i) pursuant to the
27 provisions of Section 2-107 or 2-107.1 or (ii) pursuant to a
28 power of attorney for health care under the Powers of
29 Attorney for Health Care Law, or a declaration for mental
30 health treatment under the Mental Health Treatment Preference
31 Declaration Act, or the authority of the recipient's guardian
32 . A substitute surrogate decision maker, other than a court
33 appointed guardian, under the Health Care Surrogate Act may
34 not consent to the administration of authorized involuntary
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1 treatment only to the extent provided for in the power of
2 attorney, treatment preference declaration, or court order of
3 appointment as substitute decision maker or guardian. A
4 substitute decision maker surrogate may, however, petition
5 for administration of authorized involuntary treatment not
6 authorized by his or her appointment, pursuant to Section
7 2-107.1 this Act. If the recipient is under guardianship and
8 the guardian is authorized to consent to the administration
9 of authorized involuntary treatment pursuant to subsection
10 (c) of Section 2-107.1 of this Code, the physician shall
11 advise the guardian in writing of the side effects and risks
12 of the treatment, alternatives to the proposed treatment, and
13 the risks and benefits of the treatment. Any recipient who is
14 a resident of a mental health or developmental disabilities
15 facility shall be advised in writing of his right to refuse
16 such services pursuant to Section 2-107 of this Code. A
17 qualified professional shall be responsible for overseeing
18 the implementation of such plan. Such care and treatment
19 shall include the regular use of sign language for any
20 hearing impaired individual for whom sign language is a
21 primary mode of communication.
22 (b) A recipient of services who is an adherent or a
23 member of any well-recognized religious denomination, the
24 principles and tenets of which teach reliance upon services
25 by spiritual means through prayer alone for healing by a duly
26 accredited practitioner thereof, shall have the right to
27 choose such services. The parent or guardian of a recipient
28 of services who is a minor, or a guardian of a recipient of
29 services who is not a minor, shall have the right to choose
30 services by spiritual means through prayer for the recipient
31 of services.
32 (Source: P.A. 90-538, eff. 12-1-97.)
33 (405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
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1 Sec. 2-107. Refusal of services; informing of risks.
2 (a) An adult recipient of services, or, if the recipient
3 is under guardianship, the recipient's guardian if the
4 recipient is under guardianship, and the recipient's
5 substitute decision maker, if any, must be informed of the
6 recipient's right to refuse medication, and the recipient and
7 his or her guardian or substitute decision maker, shall be
8 given the opportunity to refuse generally accepted mental
9 health or developmental disability services, including but
10 not limited to medication. If such services are refused,
11 they shall not be given unless such services are necessary to
12 prevent the recipient from causing serious and imminent
13 physical harm to the recipient himself or others and no less
14 restrictive alternative is available. Except as otherwise
15 provided in this Code, services may also be administered on
16 an emergency basis to prevent deterioration of functioning to
17 the recipient caused by the passage of time without treatment
18 or to prevent the excessive use of restraint. The facility
19 director shall inform a recipient or substitute decision
20 maker guardian who refuses such services of alternate
21 services available and the risks of such alternate services,
22 as well as the possible consequences to the recipient of
23 refusal of such services.
24 (b) Authorized involuntary treatment may be given under
25 subsection (a) of this Section for up to 24 hours, excluding
26 Saturdays, Sundays, and holidays, only if the circumstances
27 leading up to the need for emergency treatment are set forth
28 in writing in the recipient's record.
29 (c) Authorized involuntary treatment may not be
30 continued unless the need for such treatment is redetermined
31 at least every 24 hours, excluding Saturdays, Sundays, and
32 holidays, based upon a personal examination of the recipient
33 by a physician or a nurse under the supervision of a
34 physician and the circumstances demonstrating that need are
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1 set forth in writing in the recipient's record.
2 (d) Authorized involuntary treatment may not be
3 administered under this Section for a period in excess of 72
4 hours 3 consecutive days, excluding Saturdays, Sundays, and
5 holidays, unless the facility files a petition is filed under
6 Section 2-107.1 and the treatment continues to be necessary
7 under subsection (a) of this Section. Once the petition has
8 been filed, treatment may continue under subsections (a) and
9 (b) of this Section until the final outcome of the hearing on
10 the petition if an emergency continues to exist in order to
11 prevent the recipient from causing serious and imminent
12 physical harm to himself or herself or others.
13 (e) The Department shall issue rules designed to insure
14 that in State-operated mental health facilities authorized
15 involuntary treatment is administered in accordance with this
16 Section and only when appropriately authorized and monitored
17 by a physician or a nurse under the supervision of a
18 physician in accordance with accepted medical practice. The
19 facility director of each mental health facility not operated
20 by the State shall issue rules designed to insure that in
21 that facility authorized involuntary treatment is
22 administered in accordance with this Section and only when
23 appropriately authorized and monitored by a physician or a
24 nurse under the supervision of a physician in accordance with
25 accepted medical practice. Such rules shall be available for
26 public inspection and copying during normal business hours.
27 (f) The provisions of this Section with respect to the
28 emergency administration of authorized involuntary treatment
29 do not apply to facilities licensed under the Nursing Home
30 Care Act.
31 (Source: P.A. 89-427, eff. 6-1-96; 89-439, eff. 6-1-96;
32 90-538, eff. 12-1-97.)
33 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
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1 Sec. 2-107.1. Administration of authorized involuntary
2 treatment upon application to a court.
3 (a) An adult recipient of services and, if the recipient
4 is under guardianship, the recipient's guardian, must be
5 informed of the recipient's right to refuse medication, and
6 the recipient and his or her guardian must be given the
7 opportunity to refuse generally accepted mental health or
8 developmental disability services, including but not limited
9 to medication.
10 Notwithstanding the provisions of Section 2-107 of this
11 Code, authorized involuntary treatment may be administered to
12 an adult recipient of services without the informed consent
13 of the recipient under the following standards:
14 (1) Any person 18 years of age or older, including
15 any guardian, may petition the circuit court for an order
16 authorizing the administration of authorized involuntary
17 treatment to a recipient of services. The petition shall
18 state that the petitioner has made a good faith attempt
19 to determine whether the recipient has executed a power
20 of attorney for health care under the Powers of Attorney
21 for Health Care Law or a declaration for mental health
22 treatment under the Mental Health Treatment Preference
23 Declaration Act and to obtain copies of these instruments
24 if they exist. If either of the above-named instruments
25 is available to the petitioner, the instrument or a copy
26 of the instrument shall be attached to the petition as an
27 exhibit. The petitioner shall deliver a copy of the
28 petition, and notice of the time and place of the
29 hearing, to the respondent, his or her attorney, any
30 known agent or attorney-in-fact, if any, and any known
31 substitute decision maker or the guardian, if any, no
32 later than 4 10 days prior to the date of the hearing.
33 Service of the petition and notice of the time and place
34 of the hearing may be made by transmitting them via
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1 facsimile machine to the respondent or other party. If,
2 however, the hearing is requested to be held in
3 conjunction with a hearing on a petition for involuntary
4 admission, then the notice requirement under this
5 paragraph is the same as that for the hearing on the
6 petition for involuntary admission, and the petition
7 filed under this Section will be filed with the petition
8 for involuntary admission. The petition may include a
9 request that the court authorize such testing and
10 procedures as may be essential for the safe and effective
11 administration of the authorized involuntary treatment
12 sought to be administered, but only where the petition
13 sets forth the specific testing and procedures sought to
14 be administered.
15 (2) If either the recipient or the petitioner
16 requests it, and if the court determines (i) that the
17 issues or evidence in the petition for involuntary
18 admission and the petition under this Section for
19 authorized involuntary treatment are substantially the
20 same or (ii) if the petitions are proven, that immediate
21 treatment would be in the best interest of the
22 respondent, then the court may hear evidence concerning
23 both petitions in the same hearing. If the court grants
24 the request for a joint hearing, the notice provisions
25 under subdivision (a) (1) do not apply. If the request
26 for the joint hearing is not granted, the court must hold
27 the second hearing as soon as possible, but no later than
28 5 days after the first hearing, excluding Saturdays,
29 Sundays, and holidays. If a petition under this Section
30 for authorized involuntary treatment is filed
31 independently of a petition for involuntary admission,
32 the court shall hold a hearing within 5 14 days of the
33 filing of the petition, excluding Saturdays, Sundays, and
34 holidays. Continuances totaling not more than 5 14 days
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1 may be granted to the recipient or the petitioner upon a
2 showing that the continuances are needed in order to
3 prepare adequately for a hearing under this Section or
4 that the continuance is in the best interest of the
5 recipient. The court may, in its discretion, grant
6 additional continuances if agreed to by all parties. The
7 hearing shall be separate from a judicial proceeding held
8 to determine whether a person is subject to involuntary
9 admission.
10 (3) Unless otherwise provided herein, the
11 procedures set forth in Article VIII of Chapter 3 of this
12 Act, including the provisions regarding appointment of
13 counsel, shall govern hearings held under this subsection
14 (a).
15 (4) Authorized involuntary treatment shall not be
16 administered to the recipient unless it has been
17 determined by clear and convincing evidence that all of
18 the following factors are present:
19 (A) That the recipient has a serious mental
20 illness or developmental disability.
21 (B) That because of said mental illness or
22 developmental disability, the recipient exhibits any
23 one of the following: (i) deterioration of his
24 ability to function, (ii) suffering, (iii)
25 threatening behavior, or (iv) disruptive behavior.
26 (C) That the illness or disability has existed
27 for a period marked by the continuing presence of
28 the symptoms set forth in item (B) of this
29 subdivision (4) or the repeated episodic occurrence
30 of these symptoms.
31 (D) That the benefits of the treatment
32 outweigh the harm.
33 (E) That the recipient lacks the capacity to
34 make a reasoned decision about the treatment.
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1 (F) That other less restrictive services have
2 been explored and found inappropriate.
3 (G) If the petition seeks authorization for
4 testing and other procedures, that such testing and
5 procedures are essential for the safe and effective
6 administration of the treatment.
7 (5) In no event shall an order issued under this
8 Section be effective for more than 180 90 days. However,
9 authorized involuntary treatment may be administered for
10 additional 90-day periods without limitation under
11 hearings that comply with the above standards and
12 procedures of this subsection (a). If a new petition to
13 authorize the administration of authorized involuntary
14 treatment is filed at least 5 15 days prior to the
15 expiration of any then-current the prior order, and if
16 any continuance of the hearing is agreed to by the
17 recipient, the administration of the treatment may
18 continue in accordance with the prior order pending the
19 completion of a hearing under this Section.
20 (6) An order issued under this subsection (a) shall
21 designate the persons authorized to administer the
22 authorized involuntary treatment under the standards and
23 procedures of this subsection (a). Those persons shall
24 have complete discretion not to administer any treatment
25 authorized under this Section. The order shall also
26 specify the medications and the anticipated range of
27 dosages that have been authorized.
28 (b) A guardian may be authorized to consent to the
29 administration of authorized involuntary treatment to an
30 objecting recipient only under the standards and procedures
31 of subsection (a).
32 (c) Notwithstanding any other provision of this Section,
33 a guardian may consent to the administration of authorized
34 involuntary treatment to a non-objecting recipient under
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1 Article XIa of the Probate Act of 1975.
2 (d) Nothing in this Section shall prevent the
3 administration of authorized involuntary treatment to
4 recipients in an emergency under Section 2-107 of this Act.
5 (e) Notwithstanding any of the provisions of this
6 Section, authorized involuntary treatment may be administered
7 pursuant to a power of attorney for health care under the
8 Powers of Attorney for Health Care Law or a declaration for
9 mental health treatment under the Mental Health Treatment
10 Preference Declaration Act.
11 (Source: P.A. 89-11, eff. 3-31-95; 89-439, eff. 6-1-96;
12 90-538, eff. 12-1-97.)
13 (405 ILCS 5/2-107.3 new)
14 Sec. 2-107.3. Noncompliance with court-ordered
15 involuntary treatment. If a person is subject to an order
16 for involuntary admission and an order for authorized
17 involuntary treatment but does not otherwise require
18 in-patient hospitalization, the qualified professional
19 responsible for overseeing the implementation of the
20 recipient's individual service plan may authorize the
21 recipient to be conditionally released to an out-patient
22 treatment plan or program acceptable to the qualified
23 professional. The plan or program may include release to the
24 custody of a family member, substitute decision maker,
25 guardian, or other responsible adult, subject to the
26 recipient's compliance with the conditional release
27 agreement, signed by the recipient. The conditional release
28 agreement must provide details on how compliance with the
29 court order for authorized involuntary treatment is to be
30 monitored sufficiently to enable a clear determination of
31 compliance or noncompliance with the authorized involuntary
32 treatment order.
33 The party to whom the recipient is released, or the party
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1 named in the conditional release agreement who will monitor
2 compliance, must notify the mental health facility from which
3 the recipient is released of any failure by the recipient to
4 comply with the order for authorized involuntary treatment or
5 the terms of the conditional release agreement. The mental
6 health facility may request that the court summon the
7 recipient for a hearing within 5 days, excluding Saturdays,
8 Sundays, and holidays, to determine whether the recipient is
9 in compliance with the order for authorized involuntary
10 treatment. The court may issue a summons commanding the
11 appearance of the recipient before the court or may command
12 the sheriff to take custody of the recipient and bring the
13 recipient before the court for the hearing. If the court
14 determines that the recipient is not in compliance with the
15 involuntary treatment order or the conditional release
16 agreement, the court may order that the conditional release
17 be revoked and that the recipient be subject to in-patient
18 hospitalization for the duration of the order for treatment.
19 The court may order the sheriff to take the recipient into
20 custody and transport the recipient to the mental health
21 facility.
22 (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
23 Sec. 2-200. (a) Except as otherwise provided in this
24 Code, upon commencement of services, or as soon thereafter as
25 the condition of the recipient permits, every adult recipient
26 , as well as the recipient's substitute decision maker or
27 guardian, and every recipient who is 12 years of age or older
28 and the parent or guardian of a minor or person under
29 guardianship shall be informed orally, if possible, and in
30 writing of the rights guaranteed by this Chapter which are
31 relevant to the nature of the recipient's his services
32 program. Every facility shall also post conspicuously in
33 public areas a summary of the rights which are relevant to
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1 the services delivered by that facility.
2 (b) A recipient who is 12 years of age or older and the
3 parent or guardian of a minor or person under guardianship at
4 any time may designate, and upon commencement of services
5 shall be informed of the right to designate, a person or
6 agency to receive notice under Section 2-201 or to direct
7 that no information about the recipient be disclosed to any
8 person or agency.
9 (c) Upon commencement of services, or as soon thereafter
10 as the condition of the recipient permits, the facility shall
11 ask the adult recipient or minor recipient admitted pursuant
12 to Section 3-502 whether the recipient wants the facility to
13 contact the recipient's spouse, parents, guardian, close
14 relatives, friends, attorney, advocate from the Guardianship
15 and Advocacy Commission or the agency designated by the
16 Governor under Section 1 of "An Act in relation to the
17 protection and advocacy of the rights of persons with
18 developmental disabilities, and amending Acts therein named",
19 approved September 20, 1985, or others and inform them of the
20 recipient's presence at the facility. The facility shall by
21 phone or by mail contact at least two of those people
22 designated by the recipient and shall inform them of the
23 recipient's location. If the recipient so requests, the
24 facility shall also inform them of how to contact the
25 recipient.
26 (Source: P.A. 86-1417.)
27 (405 ILCS 5/3-205.5 new)
28 Sec. 3-205.5. Assessment for commitment and treatment.
29 When any person is first presented for admission to a mental
30 health facility under Section 1-119, within 72 hours
31 thereafter, excluding Saturdays, Sundays, and holidays, the
32 facility shall provide or arrange for a comprehensive
33 physical examination, mental examination, and social
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1 investigation of that person. The examinations and social
2 investigation shall be used to determine whether some program
3 other than hospitalization will meet the needs of the person,
4 with preference being given to care or treatment that will
5 enable the person to return to his or her own home or
6 community.
7 (405 ILCS 5/3-600) (from Ch. 91 1/2, par. 3-600)
8 Sec. 3-600. An adult A person 18 years of age or older
9 who is subject to involuntary admission and in need of
10 immediate hospitalization may be admitted to a mental health
11 facility pursuant to this Article.
12 (Source: P.A. 80-1414.)
13 (405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601)
14 Sec. 3-601. Involuntary admission; petition.
15 (a) When a person is asserted to be subject to
16 involuntary admission and in such a condition that immediate
17 hospitalization is necessary for the protection of such
18 person or others from physical harm, any person 18 years of
19 age or older may present a petition to the facility director
20 of a mental health facility in the county where the
21 respondent resides or is present, except that if admission is
22 sought to a State-operated mental health facility and the
23 Community Service Area has a participating mental health
24 center, the petition may be presented to the qualified
25 certifier. No person shall be admitted to a State-operated
26 mental health facility until a written statement, as required
27 under Section 3-601.1, recommending admission has been
28 obtained from a qualified certifier, except that if the
29 person asserted to be subject to involuntary admission is
30 presented for admission directly to a State-operated mental
31 health facility or when no qualified certifier is immediately
32 available, the person shall be admitted to the State-operated
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1 mental health facility and the participating mental health
2 center shall be notified, as provided in Section 3-603, and
3 shall provide a qualified certifier to conduct a screening
4 within 24 hours. The petition may be prepared by the
5 facility director of the facility.
6 (b) The petition shall include:
7 1. a detailed statement of the reason for the assertion
8 that the respondent is subject to involuntary admission,
9 including a description of any acts, or significant threats,
10 or signs or symptoms of a mental illness supporting the
11 assertion and, to the extent possible, the time and place of
12 their occurrence;
13 2. the name and address of the spouse, parent, guardian,
14 and close relative, or substitute decision maker or, if
15 none, the name and address of any known friend of the
16 respondent whom the petitioner has reason to believe may know
17 or have any of the other names or addresses. If the
18 petitioner is unable to supply any such names and addresses,
19 the petitioner he shall state that diligent inquiry was made
20 to learn this information and specify the steps taken;
21 3. the petitioner's relationship to the respondent and a
22 statement as to whether the petitioner has legal or financial
23 interest in the matter or is involved in litigation with the
24 respondent and, if the petitioner has a legal or financial
25 interest in the matter or is involved in litigation with the
26 respondent, a statement as to why the petitioner believes it
27 would not practicable or possible for someone else to be the
28 petitioner;
29 4. the names, addresses and phone numbers of the
30 witnesses by which the facts asserted may be proved.
31 (c) Knowingly making a materially false statement in the
32 petition is a Class A misdemeanor.
33 (Source: P.A. 88-484.)
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1 (405 ILCS 5/3-601.1)
2 Sec. 3-601.1. If admission is sought to a State-operated
3 mental health facility and the Community Service Area has a
4 participating mental health center, the petition shall be
5 accompanied by a written statement executed by a qualified
6 certifier. The written statement shall indicate whether (i)
7 the respondent is appropriate for admission to a
8 State-operated mental health facility, (ii) what alternative
9 treatment settings were considered, and (iii) if admission to
10 a State-operated facility is recommended, why alternative
11 treatment was not considered appropriate, and (iv) how soon
12 the proposed services will be available to the respondent if
13 the respondent is admitted to the facility. The statement
14 shall indicate that the qualified certifier personally
15 examined the respondent not more than 72 hours, excluding
16 Saturdays, Sundays, and holidays, before the petition was
17 filed admission. It shall also contain the qualified
18 certifier's clinical observations, other factual information
19 relied upon, and a statement that the respondent was advised
20 of his or her rights under Section 3-208.
21 (Source: P.A. 88-484.)
22 (405 ILCS 5/3-601.2)
23 Sec. 3-601.2. Consent to admission by substitute
24 decision maker healthcare surrogate. A substitute decision
25 maker other than a court-appointed guardian may consent to a
26 person's admission to a mental health facility only to the
27 extent provided for in the power of attorney or mental
28 health treatment preference declaration conferring authority
29 on the substitute decision maker. A surrogate decision maker
30 under the Health Care Surrogate Act may not consent to the
31 admission to a mental health facility of a person who lacks
32 decision making capacity. A surrogate decision maker under
33 the Health Care Surrogate Act may, however, petition for
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1 involuntary admission pursuant to this Code. This Section
2 does not affect the authority of a court appointed guardian.
3 (Source: P.A. 90-538, eff. 12-1-97.)
4 (405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602)
5 Sec. 3-602. The petition shall be accompanied by a
6 certificate executed by a physician, qualified examiner, or
7 clinical psychologist which states that the respondent is
8 subject to involuntary admission and requires immediate
9 hospitalization. The certificate shall indicate that the
10 physician, qualified examiner, or clinical psychologist
11 personally examined the respondent not more than 72 hours
12 prior to completing the certificate admission. It shall also
13 contain the physician's, qualified examiner's, or clinical
14 psychologist's clinical observations, other factual
15 information relied upon in reaching a diagnosis, and a
16 statement as to whether the respondent was advised of his
17 rights under Section 3-208.
18 (Source: P.A. 80-1414.)
19 (405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
20 Sec. 3-607. Court ordered temporary detention and
21 examination. When, as a result of personal observation and
22 testimony in open court, any court has reasonable grounds to
23 believe that a person appearing before it is subject to
24 involuntary admission and in need of immediate
25 hospitalization to protect such person or others from
26 physical harm, the court may enter an order for the temporary
27 detention and examination of such person., except that if
28 detention and examination is ordered at a State-operated
29 mental health facility and the Community Service Area has a
30 participating mental health center, the person shall be seen
31 for a screening examination by a qualified certifier. After
32 examination the participating mental health center shall
-19- LRB9101980DJcdA
1 recommend to the court an appropriate treatment setting. If
2 the appropriate treatment setting is a State-operated mental
3 health facility, the participating mental health center shall
4 provide a written statement as required under Section
5 3-601.1. The order shall set forth in detail the facts which
6 are the basis for the court's its conclusion. The court may
7 order a peace officer to take the person into custody and
8 transport him to a mental health facility. The person may be
9 detained for examination for no more than 72 24 hours. If a
10 petition and certificate, as provided in this Article, are
11 executed within the 72 24 hours, the person may be admitted
12 and the provisions of this Article shall apply. If no
13 petition or certificate is executed, the person shall be
14 released.
15 (Source: P.A. 88-484.)
16 (405 ILCS 5/3-608) (from Ch. 91 1/2, par. 3-608)
17 Sec. 3-608. Upon completion of one certificate pursuant
18 to Section 3-602 or 3-703, the facility may begin treatment
19 of the respondent pursuant to Section 2-102, 2-107, or
20 2-107.1. However, the respondent shall be informed of his
21 right to refuse medication and if he refuses, medication
22 shall not be given unless it is necessary to prevent the
23 respondent from causing serious harm to himself or others.
24 The facility shall record what treatment is given to the
25 respondent together with the reasons therefor.
26 (Source: P.A. 80-1414.)
27 (405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)
28 Sec. 3-704. Examination; detention.
29 (a) The respondent shall be permitted to remain in his
30 or her place of residence pending any examination. The
31 respondent He may be accompanied by one or more of his or her
32 relatives or friends or by his or her attorney to the place
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1 of examination. If, however, the court finds that it is
2 necessary, in order to complete the examination, the court
3 may order that the person be admitted to a mental health
4 facility pending examination, then the court and may order a
5 peace officer or other person to transport the person him
6 there. If examination and detention is sought at a
7 State-operated mental health facility and the Community
8 Service Area has a participating mental health center, the
9 person shall be seen for a screening examination by a
10 qualified certifier. After examination, the participating
11 mental health center shall recommend to the court an
12 appropriate treatment setting. If the appropriate setting is
13 a State-operated mental health facility, the participating
14 mental health center shall provide a written statement, as
15 required under Section 3-601.1, obtained from a qualified
16 certifier recommending admission to a State-operated mental
17 health facility. Whenever possible the examination shall be
18 conducted at a local mental health facility or hospital, or
19 in the respondent's own place of residence, if reasonable. No
20 person may be detained for examination under this Section for
21 more than 72 24 hours except in the case of a medical
22 emergency. The person shall be released upon completion of
23 the examination unless (i) the physician, qualified examiner
24 or clinical psychologist executes a certificate stating that
25 the person is subject to involuntary admission, (ii) the
26 respondent has agreed to admission to a mental health
27 facility, or (iii) the respondent's substitute decision maker
28 is authorized to and does request the admission of the
29 respondent and the physician, qualified examiner, or clinical
30 psychologist agrees that admission is appropriate and in
31 need of immediate hospitalization to protect such person or
32 others from physical harm. Upon admission under this Section
33 treatment may be given pursuant to Section 2-102, 2-107,
34 2-107.1, or 3-608.
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1 (b) Not later than 24 hours, excluding Saturdays,
2 Sundays, and holidays, after admission under this Section,
3 the respondent shall be asked if he desires the petition and
4 the notice required under Section 3-206 sent to any other
5 persons and at least 2 such persons designated by the
6 respondent shall be sent the documents. At the time of his
7 admission the respondent shall be allowed to complete not
8 fewer than 2 telephone calls to such persons as he chooses.
9 (Source: P.A. 88-484.)
10 (405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)
11 Sec. 6-103. (a) All persons acting in good faith and
12 without negligence in connection with the preparation of
13 applications, petitions, certificates or other documents, for
14 the apprehension, transportation, examination, treatment,
15 habilitation, detention or discharge of an individual under
16 the provisions of this Act incur no liability, civil or
17 criminal, by reason of such acts.
18 (b) There shall be no liability on the part of, and no
19 cause of action shall arise against, any person who is a
20 physician, clinical psychologist, or qualified examiner based
21 upon that person's failure to warn of and protect from a
22 recipient's threatened or actual violent behavior except
23 where the recipient has communicated to the person a serious
24 threat of physical violence against a reasonably identifiable
25 victim or victims. Nothing in this Section shall relieve any
26 employee or director of any residential mental health or
27 developmental disabilities facility from any duty he may have
28 to protect the residents of such a facility from any other
29 resident.
30 (c) Any duty which any person may owe to anyone other
31 than a resident of a mental health and developmental
32 disabilities facility shall be discharged by that person
33 making a reasonable effort to communicate the threat to the
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1 victim and to a law enforcement agency, or by a reasonable
2 effort to obtain the hospitalization of the recipient.
3 (d) Any act of omission or commission by a law
4 enforcement officer acting in good faith in rendering
5 emergency assistance or otherwise enforcing this Code does
6 not impose civil liability on the law enforcement officer or
7 his or her supervisor or employer unless the act is a result
8 of willful or wanton misconduct.
9 (Source: P.A. 88-380.)
10 Section 10. The Mental Health and Developmental
11 Disabilities Confidentiality Act is amended by changing
12 Section 10 as follows:
13 (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
14 (Text of Section WITHOUT the changes made by P.A. 89-7,
15 which has been held unconstitutional)
16 Sec. 10. (a) Except as provided herein, in any civil,
17 criminal, administrative, or legislative proceeding, or in
18 any proceeding preliminary thereto, a recipient, and a
19 therapist on behalf and in the interest of a recipient, has
20 the privilege to refuse to disclose and to prevent the
21 disclosure of the recipient's record or communications.
22 (1) Records and communications may be disclosed in
23 a civil, criminal or administrative proceeding in which
24 the recipient introduces his mental condition or any
25 aspect of his services received for such condition as an
26 element of his claim or defense, if and only to the
27 extent the court in which the proceedings have been
28 brought, or, in the case of an administrative proceeding,
29 the court to which an appeal or other action for review
30 of an administrative determination may be taken, finds,
31 after in camera examination of testimony or other
32 evidence, that it is relevant, probative, not unduly
-23- LRB9101980DJcdA
1 prejudicial or inflammatory, and otherwise clearly
2 admissible; that other satisfactory evidence is
3 demonstrably unsatisfactory as evidence of the facts
4 sought to be established by such evidence; and that
5 disclosure is more important to the interests of
6 substantial justice than protection from injury to the
7 therapist-recipient relationship or to the recipient or
8 other whom disclosure is likely to harm. Except in a
9 criminal proceeding in which the recipient, who is
10 accused in that proceeding, raises the defense of
11 insanity, no record or communication between a therapist
12 and a recipient shall be deemed relevant for purposes of
13 this subsection, except the fact of treatment, the cost
14 of services and the ultimate diagnosis unless the party
15 seeking disclosure of the communication clearly
16 establishes in the trial court a compelling need for its
17 production. However, for purposes of this Act, in any
18 action brought or defended under the Illinois Marriage
19 and Dissolution of Marriage Act, or in any action in
20 which pain and suffering is an element of the claim,
21 mental condition shall not be deemed to be introduced
22 merely by making such claim and shall be deemed to be
23 introduced only if the recipient or a witness on his
24 behalf first testifies concerning the record or
25 communication.
26 (2) Records or communications may be disclosed in a
27 civil proceeding after the recipient's death when the
28 recipient's physical or mental condition has been
29 introduced as an element of a claim or defense by any
30 party claiming or defending through or as a beneficiary
31 of the recipient, provided the court finds, after in
32 camera examination of the evidence, that it is relevant,
33 probative, and otherwise clearly admissible; that other
34 satisfactory evidence is not available regarding the
-24- LRB9101980DJcdA
1 facts sought to be established by such evidence; and that
2 disclosure is more important to the interests of
3 substantial justice than protection from any injury which
4 disclosure is likely to cause.
5 (3) In the event of a claim made or an action filed
6 by a recipient, or, following the recipient's death, by
7 any party claiming as a beneficiary of the recipient for
8 injury caused in the course of providing services to such
9 recipient, the therapist and other persons whose actions
10 are alleged to have been the cause of injury may disclose
11 pertinent records and communications to an attorney or
12 attorneys engaged to render advice about and to provide
13 representation in connection with such matter and to
14 persons working under the supervision of such attorney or
15 attorneys, and may testify as to such records or
16 communication in any administrative, judicial or
17 discovery proceeding for the purpose of preparing and
18 presenting a defense against such claim or action.
19 (4) Records and communications made to or by a
20 therapist in the course of examination ordered by a court
21 for good cause shown may, if otherwise relevant and
22 admissible, be disclosed in a civil, criminal, or
23 administrative proceeding in which the recipient is a
24 party or in appropriate pretrial proceedings, provided
25 such court has found that the recipient has been as
26 adequately and as effectively as possible informed before
27 submitting to such examination that such records and
28 communications would not be considered confidential or
29 privileged. Such records and communications shall be
30 admissible only as to issues involving the recipient's
31 physical or mental condition and only to the extent that
32 these are germane to such proceedings.
33 (5) Records and communications may be disclosed in
34 a proceeding under the Probate Act of 1975, to determine
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1 a recipient's competency or need for guardianship,
2 provided that the disclosure is made only with respect to
3 that issue.
4 (6) Records and communications may be disclosed
5 when such are made during treatment which the recipient
6 is ordered to undergo to render him fit to stand trial on
7 a criminal charge, provided that the disclosure is made
8 only with respect to the issue of fitness to stand trial.
9 (7) Records and communications of the recipient may
10 be disclosed in any civil or administrative proceeding
11 involving the validity of or benefits under a life,
12 accident, health or disability insurance policy or
13 certificate, or Health Care Service Plan Contract,
14 insuring the recipient, but only if and to the extent
15 that the recipient's mental condition, or treatment or
16 services in connection therewith, is a material element
17 of any claim or defense of any party, provided that
18 information sought or disclosed shall not be redisclosed
19 except in connection with the proceeding in which
20 disclosure is made.
21 (8) Records or communications may be disclosed when
22 such are relevant to a matter in issue in any action
23 brought under this Act and proceedings preliminary
24 thereto, provided that any information so disclosed shall
25 not be utilized for any other purpose nor be redisclosed
26 except in connection with such action or preliminary
27 proceedings.
28 (9) Records and communications of the recipient may
29 be disclosed in investigations of and trials for homicide
30 when the disclosure relates directly to the fact or
31 immediate circumstances of the homicide.
32 (10) Records and communications of a deceased
33 recipient may be disclosed to a coroner conducting a
34 preliminary investigation into the recipient's death
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1 under Section 3-3013 of the Counties Code. However,
2 records and communications of the deceased recipient
3 disclosed in an investigation shall be limited solely to
4 the deceased recipient's records and communications
5 relating to the factual circumstances of the incident
6 being investigated in a mental health facility.
7 (11) Records and communications of a recipient
8 shall be disclosed in a proceeding where a petition or
9 motion is filed under the Juvenile Court Act of 1987 and
10 the recipient is named as a parent, guardian, or legal
11 custodian of a minor who is the subject of a petition for
12 wardship as described in Section 2-3 of that Act or a
13 minor who is the subject of a petition for wardship as
14 described in Section 2-4 of that Act alleging the minor
15 is abused, neglected, or dependent or the recipient is
16 named as a parent of a child who is the subject of a
17 petition, supplemental petition, or motion to appoint a
18 guardian with the power to consent to adoption under
19 Section 2-29 of the Juvenile Court Act of 1987.
20 (b) Before a disclosure is made under subsection (a),
21 any party to the proceeding or any other interested person
22 may request an in camera review of the record or
23 communications to be disclosed. The court or agency
24 conducting the proceeding may hold an in camera review on its
25 own motion. When, contrary to the express wish of the
26 recipient, the therapist asserts a privilege on behalf and in
27 the interest of a recipient, the court may require that the
28 therapist, in an in camera hearing, establish that disclosure
29 is not in the best interest of the recipient. The court or
30 agency may prevent disclosure or limit disclosure to the
31 extent that other admissible evidence is sufficient to
32 establish the facts in issue. The court or agency may enter
33 such orders as may be necessary in order to protect the
34 confidentiality, privacy, and safety of the recipient or of
-27- LRB9101980DJcdA
1 other persons. Any order to disclose or to not disclose
2 shall be considered a final order for purposes of appeal and
3 shall be subject to interlocutory appeal.
4 (c) A recipient's records and communications may be
5 disclosed to a duly authorized committee, commission or
6 subcommittee of the General Assembly which possesses subpoena
7 and hearing powers, upon a written request approved by a
8 majority vote of the committee, commission or subcommittee
9 members. The committee, commission or subcommittee may
10 request records only for the purposes of investigating or
11 studying possible violations of recipient rights. The
12 request shall state the purpose for which disclosure is
13 sought.
14 The facility shall notify the recipient, or his guardian,
15 and therapist in writing of any disclosure request under this
16 subsection within 5 business days after such request. Such
17 notification shall also inform the recipient, or guardian,
18 and therapist of their right to object to the disclosure
19 within 10 business days after receipt of the notification and
20 shall include the name, address and telephone number of the
21 committee, commission or subcommittee member or staff person
22 with whom an objection shall be filed. If no objection has
23 been filed within 15 business days after the request for
24 disclosure, the facility shall disclose the records and
25 communications to the committee, commission or subcommittee.
26 If an objection has been filed within 15 business days after
27 the request for disclosure, the facility shall disclose the
28 records and communications only after the committee,
29 commission or subcommittee has permitted the recipient,
30 guardian or therapist to present his objection in person
31 before it and has renewed its request for disclosure by a
32 majority vote of its members.
33 Disclosure under this subsection shall not occur until
34 all personally identifiable data of the recipient and
-28- LRB9101980DJcdA
1 provider are removed from the records and communications.
2 Disclosure under this subsection shall not occur in any
3 public proceeding.
4 (d) No party to any proceeding described under
5 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
6 of this Section, nor his or her attorney, shall serve a
7 subpoena seeking to obtain access to records or
8 communications under this Act unless the subpoena is
9 accompanied by a written order issued by a judge, authorizing
10 the disclosure of the records or the issuance of the
11 subpoena. No person shall comply with a subpoena for records
12 or communications under this Act, unless the subpoena is
13 accompanied by a written order authorizing the issuance of
14 the subpoena or the disclosure of the records.
15 (e) The presence of a recipient of services in an
16 in-patient setting must be disclosed to law enforcement
17 officials when the law enforcement officials have presented
18 the facility director with a statement that a warrant or
19 criminal charges are pending against the recipient. This
20 disclosure will be for the purpose of taking the recipient
21 into custody pursuant to the warrant or pending criminal
22 charges. The facility director may not release clinical
23 information to the law enforcement officials without a proper
24 authorization for the release of information signed by the
25 recipient, except to the extent the information is necessary
26 for law enforcement officials to safely pick up, transport,
27 and detain the recipient upon release from the facility.
28 (f) Any person completing a certificate for involuntary
29 or judicial admission to a facility under the Mental Health
30 and Developmental Disabilities Code is permitted to contact
31 any other person deemed necessary for the purpose of
32 obtaining collateral information about a recipient of
33 services, provided that the information is used in preparing
34 the certificate or testifying at the subsequent court
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1 hearing. Persons subject to this Act must comply with such
2 requests for information. Except for court-related
3 proceedings, the examiner may not disclose information about
4 the recipient without a signed authorization for release of
5 information from the recipient except to the extent necessary
6 to identify, to the persons being contacted by the examiner,
7 the purpose of the inquiry and the nature of the examination.
8
9 (Source: P.A. 90-608, eff. 6-30-98.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.
-30- LRB9101980DJcdA
1 INDEX
2 Statutes amended in order of appearance
3 405 ILCS 5/1-100.5 new
4 405 ILCS 5/1-101.2 new
5 405 ILCS 5/1-110.1 new
6 405 ILCS 5/1-115.5 new
7 405 ILCS 5/1-117 from Ch. 91 1/2, par. 1-117
8 405 ILCS 5/1-119 from Ch. 91 1/2, par. 1-119
9 405 ILCS 5/2-102 from Ch. 91 1/2, par. 2-102
10 405 ILCS 5/2-107 from Ch. 91 1/2, par. 2-107
11 405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1
12 405 ILCS 5/2-107.3 new
13 405 ILCS 5/2-200 from Ch. 91 1/2, par. 2-200
14 405 ILCS 5/3-205.5 new
15 405 ILCS 5/3-600 from Ch. 91 1/2, par. 3-600
16 405 ILCS 5/3-601 from Ch. 91 1/2, par. 3-601
17 405 ILCS 5/3-601.1
18 405 ILCS 5/3-601.2
19 405 ILCS 5/3-602 from Ch. 91 1/2, par. 3-602
20 405 ILCS 5/3-607 from Ch. 91 1/2, par. 3-607
21 405 ILCS 5/3-608 from Ch. 91 1/2, par. 3-608
22 405 ILCS 5/3-704 from Ch. 91 1/2, par. 3-704
23 405 ILCS 5/6-103 from Ch. 91 1/2, par. 6-103
24 740 ILCS 110/10 from Ch. 91 1/2, par. 810