HB2784sam002 102ND GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 5/20/2021

10200HB2784sam002 LRB102 14976 RLC 26881 a

AMENDMENT TO HOUSE BILL 2784

AMENDMENT NO. ______. Amend House Bill 2784, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 2, by replacing lines 11 through 21 with the following:

"Section 10. Applicability; home rule. This Act applies to every unit of local government that provides or coordinates ambulance or similar emergency medical response or transportation services for individuals with emergency medical needs. A home rule unit may not respond to or provide services for a mental or behavioral health emergency, or create a transportation plan or other regulation, relating to the provision of mental or behavioral health services in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State."; and

on page 2, line 22, by replacing "Section 10" with "Section 15"; and

on page 4, line 4, by replacing "Section 15" with "Section 20"; and

on page 4, line 5, by replacing "9-1-1 call center" with "9-1-1 PSAP"; and

on page 4, line 20, by replacing "Section 20" with "Section 25"; and

on page 5, line 24, by replacing ";" with "; and"; and

on page 6, line 8, by replacing ";" with "."; and

on page 6, by replacing lines 9 through 14 with the following:

"(b) Prioritize requests for emergency assistance. 9-1-1 PSAPs, emergency services dispatched through 9-1-1 PSAPs, and the mobile mental and behavioral health service established by the Division of Mental Health must provide guidance for prioritizing calls for assistance and maximum response time in relation to the type of emergency reported.

(c) Provide appropriate response times. From the time of first notification, 9-1-1 PSAPs, emergency services dispatched through 9-1-1 PSAPs, and the mobile mental and behavioral health service established by the Division of Mental Health must provide the response within response time appropriate to the care requirements of the individual with an emergency."; and

on page 6, line 15, by replacing "(b)" with "(d) Require appropriate responder training."; and

on page 6, line 24, by replacing "(c)" with "(e) Require minimum team staffing."; and

on page 7, line 4, by replacing "(d)" with "(f) Require training from individuals with lived experience."; and

on page 7, line 6, by replacing "(e)" with "(g) Adopt guidelines directing referral to restrictive care settings."; and

on page 7, line 9, by replacing "(f)" with "(h) Specify regional best practices."; and

on page 7, line 19, by replacing "(g)" with "(i) Adopt system for directing care in advance of an emergency."; and

on page 8, line 4, by replacing "(h)" with "(j) Train dispatching staff."; and

on page 8, lines 6 and 7, by "dispatching emergency mental health responders under this Act" with "coordinating with 9-8-8"; and

on page 8, line 8, by replacing "(i)" with "(k) Establish protocol for emergency responder coordination."; and

on page 8, line 12, by replacing "(j)" with "(l) Integrate law enforcement."; and

by replacing line 21 on page 8 through line 10 on page 11 with the following:

"Section 30. State prohibitions. 9-1-1 PSAPs, emergency services dispatched through 9-1-1 PSAPs, and the mobile mental and behavioral health service established by the Division of Mental Health must coordinate their services so that, based on the information provided to them, the following State prohibitions are avoided:

(a) Law enforcement responsibility for providing mental and behavioral health care. In any area where responders are available for dispatch, law enforcement shall not be dispatched to respond to an individual requiring mental or behavioral health care unless that individual is (i) involved in a suspected violation of the criminal laws of this State, or (ii) presents a threat of physical injury to self or others. Responders are not considered available for dispatch under this Section if 9-8-8 reports that it cannot dispatch appropriate service within the maximum response times established by each Regional Advisory Committee under Section 45.

(1) Standing on its own or in combination with each other, the fact that an individual is experiencing a mental or behavioral health emergency, or has a mental health, behavioral health, or other diagnosis, is not sufficient to justify an assessment that the individual is a threat of physical injury to self or others, or requires a law enforcement response to a request for emergency response or medical transportation.

(2) If, based on its assessment of the threat to public safety, law enforcement would not accompany medical transportation responding to a physical health emergency, unless requested by responders, law enforcement may not accompany emergency response or medical transportation personnel responding to a mental or behavioral health emergency that presents an equivalent level of threat to self or public safety.

(3) Without regard to an assessment of threat to self or threat to public safety, law enforcement may station personnel so that they can rapidly respond to requests for assistance from responders if law enforcement does not interfere with the provision of emergency response or transportation services. To the extent practical, not interfering with services includes remaining sufficiently distant from or out of sight of the individual receiving care so that law enforcement presence is unlikely to escalate the emergency.

(b) Responder involvement in involuntary commitment. In order to maintain the appropriate care relationship, responders shall not in any way assist in the involuntary commitment of an individual beyond (i) reporting to their dispatching entity or to law enforcement that they believe the situation requires assistance the responders are not permitted to provide under this Section; (ii) providing witness statements; and (iii) fulfilling reporting requirements the responders may have under their professional ethical obligations or laws of this state. This prohibition shall not interfere with any responder's ability to provide physical or mental health care.

(c) Use of law enforcement for transportation. In any area where responders are available for dispatch, unless requested by responders, law enforcement shall not be used to provide transportation to access mental or behavioral health care, or travel between mental or behavioral health care providers, except where no alternative is available.

(d) Reduction of educational institution obligations. The services coordinated under this Act may not be used to replace any service an educational institution is required to provide to a student. It shall not substitute for appropriate special education and related services that schools are required to provide by any law."; and

on page 11, line 11, by replacing "Section 30" with "Section 35"; and

on page 12, line 2, by replacing "Section 35" with "Section 40"; and

on page 14, line 4, by inserting "(e)" before "The"; and

on page 14, line 7, by replacing "Section 40" with "Section 45"; and

on page 15, by replacing line 10 with the following: "served.

(c) Subject to the oversight of the Department of Human"; and

on page 15, line 18, by replacing "Section 45" with "Section 50"; and

on page 16, line 22, by replacing "Section 50" with "Section 55"; and

on page 17, line 2, by replacing "Section 55" with "Section 60"; and

on page 17, line 11, by replacing "Section 60" with "Section 65".