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Rep. Lou Lang
Filed: 4/7/2005
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09400HB1197ham003 |
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LRB094 06321 MKM 44610 a |
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| AMENDMENT TO HOUSE BILL 1197
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| AMENDMENT NO. ______. Amend House Bill 1197, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Mental Health and Developmental |
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| Disabilities Administrative Act is amended by adding Section |
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| 15f as follows:
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| (20 ILCS 1705/15f new)
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| Sec. 15f. Individualized behavioral support plan. |
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| (a) As used in this Section: |
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| "Behavioral challenges" means episodes of significant |
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| property destruction, self-injurious behavior, assaultive |
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| behavior, or any other behavior that prevents a person from |
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| successful participation in a community-based residential |
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| program, as determined by the community support team.
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| "Community-based residential program" means one of a |
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| variety of living arrangements in which no more than 8 |
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| individuals reside together and the setting is designed to |
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| promote independence. This includes existing categories, such |
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| as community integrated living arrangements, community |
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| residential alternatives, assisted residential care, supported |
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| residential care, and adult foster care and may also include |
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| newly developed settings that are consistent with this |
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| definition.
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09400HB1197ham003 |
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LRB094 06321 MKM 44610 a |
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| (b) Each individual in a community-based residential |
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| program for persons with developmental disabilities who |
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| exhibits behavioral challenges shall have an individualized |
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| behavioral support plan. Each individualized support plan |
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| shall: (i) be designed to meet individual needs; (ii) be in the |
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| immediate and long-term best interests of the individual; (iii) |
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| be non-aversive; (iv) teach the individual new skills; (v) |
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| provide alternatives to behavioral challenges; (vi) offer |
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| opportunities for choice and social integration; and (vii) |
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| allow for environmental modifications. The plan must be based |
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| on a functional behavioral assessment conducted by a |
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| professional trained in its use. The plan shall be implemented |
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| by staff who have been trained in and are qualified to |
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| effectively apply positive non-aversive intervention. All |
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| behavioral supports required by the plan shall be applied in a |
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| humane and caring manner that respects the dignity of the |
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| individual and shall be implemented in a positive and |
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| socially-supportive environment, including the home. |
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| Interventions must not: (1) include electric shock; (2) |
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| withhold essential food and drink; (3) cause physical or |
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| psychological pain; (4) use drugs as restraints; or (5) produce |
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| humiliation or discomfort.
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| Nothing in this subsection shall preclude, for therapeutic |
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| purposes, variant scheduling of food or drink or the |
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| application of safe and appropriate time-out procedures. |
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| (c) The Department of Human Services shall be responsible |
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| for developing and promulgating rules to implement the |
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| provisions of this Section and to carryout the intent of this |
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| Section.
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| (d) To the extent this Section conflicts with Article I of |
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| Chapter II of the Mental Health and Developmental Disabilities |
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| Code, that Article controls.
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| Section 99. Effective date. This Act takes effect upon |