Illinois General Assembly - Bill Status for HB3981

Amends the Mental Health and Developmental Disabilities Code and the Mental Health and Developmental Disabilities Confidentiality Act. Changes the definition of "dangerous conduct" to mean threatening behavior or conduct that places another individual or the person engaging in the behavior or conduct (rather than places another individual) in reasonable expectation of being harmed, or a person's inability to provide, without the assistance of family or outside help, for his or her basic physical needs so as to guard himself or herself from serious harm. Extends the lists of possible medical practitioners who must examine a person subject to an involuntary admission petition and execute a certificate stating whether involuntary admission and immediate hospitalization is appropriate, to include a psychiatrist (rather than a physician, qualified examiner, or clinical psychologist only). Contains provisions regarding the amount of time a mental health facility can temporarily detain a person for examination; the situations under which a person can be released from a mental health facility following the initial examination period and the court filing of a certificate stating whether involuntary admission and immediate hospitalization is appropriate; additional persons who are entitled to inspect and copy an admitted person's mental health records; additional agencies that may disclose a person's mental health records and communications to other agencies; and other matters. Effective immediately.

In the context of an involuntary admission petition, eliminates a physician from the list of medical practitioners who shall examine a person following his or her initial admission to a mental health facility and after the examining psychiatrist has executed a certificate assessing the person's mental status. Provides that a person subject to an involuntary admission petition may remain in his or her place of residence pending a hearing on the petition if the accompanying certificate states that the person is subject to involuntary admission but not in need of immediate hospitalization absent imminent danger. Eliminates from the list of persons who are entitled to inspect and copy an admitted person's medical records, an attorney-in-fact appointed under the Mental Health Treatment Preference Declaration Act and any person in whose care and custody the admitted person has been placed pursuant to the Mental Health and Developmental Disabilities Code.

Reinserts introduced provisions providing that a person involuntarily admitted to a mental health facility shall be examined by a physician after the examining psychiatrist has executed a certificate of mental status. Reinserts introduced provisions providing that an appointed attorney-in-fact and an admitted person's legal custodian are persons entitled to inspect and copy the admitted person's medical records. Provides that a person subject to an involuntary admission petition may remain in his or her place of residence pending a hearing on the petition if the accompanying certificate states that the person is subject to involuntary admission but not in need of immediate hospitalization (rather than immediate hospitalization absent imminent danger).

×