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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1197
Introduced 02/09/05, by Rep. Lou Lang SYNOPSIS AS INTRODUCED:
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Amends the Mental Health and Developmental Disabilities Administrative Act. Requires each individual with mental retardation and related developmental disabilities who exhibits behavioral challenges to have an individualized behavioral support plan that: (i) is designed to meet individual needs; (ii) is non-aversive; (iii) teaches the individual new skills; (iv) provides alternatives to challenging behaviors; (v) offers opportunities for choice and social integration; and (vi) allows for environmental modifications. Provides guidelines for the implementation of the plan. Prohibits the use of aversive behavioral support, intervention techniques that cause psychological pain, and deprivation techniques. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1197 |
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LRB094 06321 MKM 37764 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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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. Each |
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| individual with mental retardation and related developmental |
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| disabilities who exhibits behavioral challenges shall have an |
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| individualized behavioral support plan. Each individualized |
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| support plan shall: (i) be designed to meet individual needs; |
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| (ii) be non-aversive; (iii) teach the individual new skills; |
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| (iv) provide alternatives to challenging behaviors; (v) offer |
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| opportunities for choice and social integration; and (vi) allow |
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| for environmental modifications. The plan must be based on a |
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| functional behavioral analysis conducted by a professional |
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| trained in behavioral analysis. 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. The |
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| following techniques are prohibited: |
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| (1) aversive behavioral support, such as painful or |
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| intrusive stimuli or activities applied in response to |
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| behavior and that result in physical or psychological pain, |
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| including, but not limited to, electric shock, ammonia |
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| spray, water spray to the face, pinching, and deep muscle |
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| squeezes; |
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| (2) intervention that causes psychological pain, such |