093_SB0199
LRB093 06333 DRJ 06452 b
1 AN ACT in relation to 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 Sections 2-107,
6 2-107.1, and 3-802 as follows:
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 recipient's
10 guardian, if the recipient is under guardianship, and the
11 recipient's substitute decision maker, if any, must be
12 informed of the recipient's right to refuse medication. The
13 recipient and the recipient's guardian or substitute decision
14 maker shall be given the opportunity to refuse generally
15 accepted mental health or developmental disability services,
16 including but not limited to medication. If such services
17 are refused, they shall not be given unless such services are
18 necessary to prevent the recipient from causing serious and
19 imminent physical harm to the recipient or others and no less
20 restrictive alternative is available. The facility director
21 shall inform a recipient, guardian, or substitute decision
22 maker, if any, who refuses such services of alternate
23 services available and the risks of such alternate services,
24 as well as the possible consequences to the recipient of
25 refusal of such services.
26 (b) Authorized involuntary treatment may be given under
27 this Section for up to 72 24 hours only if the circumstances
28 leading up to the need for emergency treatment are set forth
29 in writing in the recipient's record.
30 (c) Authorized involuntary treatment may not be
31 continued unless the need for such treatment is redetermined
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1 at least every 72 24 hours based upon a personal examination
2 of the recipient by a physician or a nurse under the
3 supervision of a physician and the circumstances
4 demonstrating that need are set forth in writing in the
5 recipient's record.
6 (d) Authorized involuntary treatment may not be
7 administered under this Section for a period in excess of 72
8 hours, excluding Saturdays, Sundays, and holidays, unless a
9 petition is filed under Section 2-107.1 and the treatment
10 continues to be necessary under subsection (a) of this
11 Section. Once the petition has been filed, treatment may
12 continue in compliance with subsections (a), (b), and (c) of
13 this Section until the final outcome of the hearing on the
14 petition.
15 (e) The Department shall issue rules designed to insure
16 that in State-operated mental health facilities authorized
17 involuntary treatment is administered in accordance with this
18 Section and only when appropriately authorized and monitored
19 by a physician or a nurse under the supervision of a
20 physician in accordance with accepted medical practice. The
21 facility director of each mental health facility not operated
22 by the State shall issue rules designed to insure that in
23 that facility authorized involuntary treatment is
24 administered in accordance with this Section and only when
25 appropriately authorized and monitored by a physician or a
26 nurse under the supervision of a physician in accordance with
27 accepted medical practice. Such rules shall be available for
28 public inspection and copying during normal business hours.
29 (f) The provisions of this Section with respect to the
30 emergency administration of authorized involuntary treatment
31 do not apply to facilities licensed under the Nursing Home
32 Care Act.
33 (g) Under no circumstances may long-acting psychotropic
34 medications be administered under this Section.
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1 (Source: P.A. 90-538, eff. 12-1-97; 91-726, eff. 6-2-00.)
2 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
3 Sec. 2-107.1. Administration of authorized involuntary
4 treatment upon application to a court.
5 (a) An adult recipient of services and the recipient's
6 guardian, if the recipient is under guardianship, and the
7 substitute decision maker, if any, shall be informed of the
8 recipient's right to refuse medication. The recipient and the
9 recipient's guardian or substitute decision maker shall be
10 given the opportunity to refuse generally accepted mental
11 health or developmental disability services, including but
12 not limited to medication.
13 (a-5) Notwithstanding the provisions of Section 2-107 of
14 this Code, authorized involuntary treatment may be
15 administered to an adult recipient of services without the
16 informed consent of the recipient under the following
17 standards:
18 (1) Any person 18 years of age or older, including
19 any guardian, may petition the circuit court for an order
20 authorizing the administration of authorized involuntary
21 treatment to a recipient of services. The petition shall
22 state that the petitioner has made a good faith attempt
23 to determine whether the recipient has executed a power
24 of attorney for health care under the Powers of Attorney
25 for Health Care Law or a declaration for mental health
26 treatment under the Mental Health Treatment Preference
27 Declaration Act and to obtain copies of these instruments
28 if they exist. If either of the above-named instruments
29 is available to the petitioner, the instrument or a copy
30 of the instrument shall be attached to the petition as an
31 exhibit. The petitioner shall deliver a copy of the
32 petition, and notice of the time and place of the
33 hearing, to the respondent, his or her attorney, any
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1 known agent or attorney-in-fact, if any, and the
2 guardian, if any, no later than 3 days prior to the date
3 of the hearing. Service of the petition and notice of the
4 time and place of the hearing may be made by transmitting
5 them via facsimile machine to the respondent or other
6 party. Upon receipt of the petition and notice, the
7 party served, or the person delivering the petition and
8 notice to the party served, shall acknowledge service.
9 If the party sending the petition and notice does not
10 receive acknowledgement of service within 24 hours,
11 service must be made by personal service.
12 The petition may include a request that the court
13 authorize such testing and procedures as may be essential
14 for the safe and effective administration of the
15 authorized involuntary treatment sought to be
16 administered, but only where the petition sets forth the
17 specific testing and procedures sought to be
18 administered.
19 If a hearing is requested to be held immediately
20 following the hearing on a petition for involuntary
21 admission, then the notice requirement shall be the same
22 as that for the hearing on the petition for involuntary
23 admission, and the petition filed pursuant to this
24 Section shall be filed with the petition for involuntary
25 admission.
26 (2) The court shall hold a hearing within 7 days of
27 the filing of the petition. The People, the petitioner,
28 or the respondent shall be entitled to a continuance of
29 up to 10 7 days as of right. An additional continuance
30 of not more than 10 7 days may be granted to any party
31 (i) upon a showing that the continuance is needed in
32 order to adequately prepare for or present evidence in a
33 hearing under this Section or (ii) under exceptional
34 circumstances. The court may grant an additional
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1 continuance not to exceed 21 days when, in its
2 discretion, the court determines that such a continuance
3 is necessary in order to provide the recipient with an
4 examination pursuant to Section 3-803 or 3-804 of this
5 Act, to provide the recipient with a trial by jury as
6 provided in Section 3-802 of this Act, or to arrange for
7 the substitution of counsel as provided for by the
8 Illinois Supreme Court Rules. The hearing shall be
9 separate from a judicial proceeding held to determine
10 whether a person is subject to involuntary admission but
11 may be heard immediately preceding or following such a
12 judicial proceeding and may be heard by the same trier of
13 fact or law as in that judicial proceeding.
14 (3) Unless otherwise provided herein, the
15 procedures set forth in Article VIII of Chapter 3 of this
16 Act, including the provisions regarding appointment of
17 counsel, shall govern hearings held under this subsection
18 (a-5).
19 (4) Authorized involuntary treatment shall not be
20 administered to the recipient unless it has been
21 determined by clear and convincing evidence that all of
22 the following factors are present:
23 (A) That the recipient has a serious mental
24 illness or developmental disability.
25 (B) That because of said mental illness or
26 developmental disability, the recipient exhibits any
27 one of the following: (i) deterioration of his or
28 her ability to function, (ii) suffering, or (iii)
29 threatening behavior.
30 (C) That the illness or disability has existed
31 for a period marked by the continuing presence of
32 the symptoms set forth in item (B) of this
33 subdivision (4) or the repeated episodic occurrence
34 of these symptoms.
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1 (D) That the benefits of the treatment
2 outweigh the harm.
3 (E) That the recipient lacks the capacity to
4 make a reasoned decision about the treatment.
5 (F) That other less restrictive services have
6 been explored and found inappropriate.
7 (G) If the petition seeks authorization for
8 testing and other procedures, that such testing and
9 procedures are essential for the safe and effective
10 administration of the treatment.
11 (5) In no event shall an order issued under this
12 Section be effective for more than 90 days. A second
13 90-day period of involuntary treatment may be authorized
14 pursuant to a hearing that complies with the standards
15 and procedures of this subsection (a-5). Thereafter,
16 additional 180-day periods of involuntary treatment may
17 be authorized pursuant to the standards and procedures of
18 this Section without limit. If a new petition to
19 authorize the administration of authorized involuntary
20 treatment is filed at least 15 days prior to the
21 expiration of the prior order, and if any continuance of
22 the hearing is agreed to by the recipient, the
23 administration of the treatment may continue in
24 accordance with the prior order pending the completion of
25 a hearing under this Section.
26 (6) An order issued under this subsection (a-5)
27 shall designate the persons authorized to administer the
28 authorized involuntary treatment under the standards and
29 procedures of this subsection (a-5). Those persons shall
30 have complete discretion not to administer any treatment
31 authorized under this Section or to change the specific
32 medications and dosages. Whenever a medication or a
33 dosage is changed, the specifics must be entered in the
34 individual's record. The order shall also specify the
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1 medications and the anticipated range of dosages that
2 have been authorized.
3 (b) A guardian may be authorized to consent to the
4 administration of authorized involuntary treatment to an
5 objecting recipient only under the standards and procedures
6 of subsection (a-5).
7 (c) Notwithstanding any other provision of this Section,
8 a guardian may consent to the administration of authorized
9 involuntary treatment to a non-objecting recipient under
10 Article XIa of the Probate Act of 1975.
11 (d) Nothing in this Section shall prevent the
12 administration of authorized involuntary treatment to
13 recipients in an emergency under Section 2-107 of this Act.
14 (e) Notwithstanding any of the provisions of this
15 Section, authorized involuntary treatment may be administered
16 pursuant to a power of attorney for health care under the
17 Powers of Attorney for Health Care Law or a declaration for
18 mental health treatment under the Mental Health Treatment
19 Preference Declaration Act.
20 (Source: P.A. 91-726, eff. 6-2-00; 91-787, eff. 1-1-01;
21 92-16, eff. 6-28-01.)
22 (405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802)
23 Sec. 3-802. The respondent is entitled to a jury on the
24 question of whether he is subject to involuntary admission.
25 The jury shall consist of 6 persons to be chosen in the same
26 manner as are jurors in other civil proceedings. A respondent
27 is not entitled to a jury on the question of whether
28 authorized involuntary treatment may be administered under
29 Section 2-107.
30 (Source: P.A. 80-1414.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.