HB1197ham002 94TH GENERAL ASSEMBLY

Rep. Lou Lang

Filed: 4/5/2005

09400HB1197ham002 LRB094 06321 MKM 44342 a

AMENDMENT TO HOUSE BILL 1197

AMENDMENT NO. ______. Amend House Bill 1197, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 15f as follows:

(20 ILCS 1705/15f new)

Sec. 15f. Individualized behavioral support plan.

(a) As used in this Section:

"Behavioral challenges" means episodes of significant property destruction, self-injurious behavior, assaultive behavior, or any other behavior that prevents a person from successful participation in a community-based residential program, as determined by the community support team.

"Community-based residential program" means one of a variety of living arrangements in which no more than 8 individuals reside together and the setting is designed to promote independence. This includes existing categories, such as community integrated living arrangements, community residential alternatives, assisted residential care, supported residential care, and adult foster care and may also include newly developed settings that are consistent with this definition.

(b) Each individual in a community-based residential program for persons with developmental disabilities who exhibits behavioral challenges shall have an individualized behavioral support plan. Each individualized support plan shall: (i) be designed to meet individual needs; (ii) be in the immediate and long-term best interests of the individual; (iii) be non-aversive; (iv) teach the individual new skills; (v) provide alternatives to behavioral challenges; (vi) offer opportunities for choice and social integration; and (vii) allow for environmental modifications. The plan must be based on a functional behavioral assessment conducted by a professional trained in its use in behavioral analysis. The plan shall be implemented by staff who have been trained in and are qualified to effectively apply positive non-aversive intervention. All behavioral supports required by the plan shall be applied in a humane and caring manner that respects the dignity of the individual and shall be implemented in a positive and socially-supportive environment, including the home. The following techniques are prohibited:

(1) aversive behavioral support, such as painful or intrusive stimuli or activities applied in response to behavior and that result in physical or psychological pain, including, but not limited to, electric shock, ammonia spray, water spray to the face, pinching, and deep muscle squeezes;

(2) intervention that causes psychological pain, such as verbal abuse and threatening conduct; and

(3) deprivation techniques, including, but not limited to, (i) withholding, withdrawing, or delaying any of the following: visitation or communication with friends or family, except where recommended by the community support team for therapeutic reasons; sleep; shelter; bedding; bathroom facilities; medication; or food or drink; or (ii) subjecting the individual to prolonged periods of isolation and seclusion.

Nothing in this subsection shall preclude, for therapeutic purposes, variant scheduling of food or drink or the application of safe and appropriate time-out procedures.

(c) The Department of Human Services shall be responsible for monitoring and overseeing compliance with this section.

(d) To the extent this Section conflicts with Article I of Chapter II of the Mental Health and Developmental Disabilities Code, that Article controls.

Section 99. Effective date. This Act takes effect upon becoming law.".