|
|
Rep. Lou Lang
Filed: 4/7/2005
|
|
09400HB1197ham003 |
|
LRB094 06321 MKM 44610 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 1197
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1197, AS AMENDED, by |
| 3 |
| replacing everything after the enacting clause with the |
| 4 |
| following:
|
| 5 |
| "Section 5. The Mental Health and Developmental |
| 6 |
| Disabilities Administrative Act is amended by adding Section |
| 7 |
| 15f as follows:
|
| 8 |
| (20 ILCS 1705/15f new)
|
| 9 |
| Sec. 15f. Individualized behavioral support plan. |
| 10 |
| (a) As used in this Section: |
| 11 |
| "Behavioral challenges" means episodes of significant |
| 12 |
| property destruction, self-injurious behavior, assaultive |
| 13 |
| behavior, or any other behavior that prevents a person from |
| 14 |
| successful participation in a community-based residential |
| 15 |
| program, as determined by the community support team.
|
| 16 |
| "Community-based residential program" means one of a |
| 17 |
| variety of living arrangements in which no more than 8 |
| 18 |
| individuals reside together and the setting is designed to |
| 19 |
| promote independence. This includes existing categories, such |
| 20 |
| as community integrated living arrangements, community |
| 21 |
| residential alternatives, assisted residential care, supported |
| 22 |
| residential care, and adult foster care and may also include |
| 23 |
| newly developed settings that are consistent with this |
| 24 |
| definition.
|
|
|
|
09400HB1197ham003 |
- 2 - |
LRB094 06321 MKM 44610 a |
|
|
| 1 |
| (b) Each individual in a community-based residential |
| 2 |
| program for persons with developmental disabilities who |
| 3 |
| exhibits behavioral challenges shall have an individualized |
| 4 |
| behavioral support plan. Each individualized support plan |
| 5 |
| shall: (i) be designed to meet individual needs; (ii) be in the |
| 6 |
| immediate and long-term best interests of the individual; (iii) |
| 7 |
| be non-aversive; (iv) teach the individual new skills; (v) |
| 8 |
| provide alternatives to behavioral challenges; (vi) offer |
| 9 |
| opportunities for choice and social integration; and (vii) |
| 10 |
| allow for environmental modifications. The plan must be based |
| 11 |
| on a functional behavioral assessment conducted by a |
| 12 |
| professional trained in its use. The plan shall be implemented |
| 13 |
| by staff who have been trained in and are qualified to |
| 14 |
| effectively apply positive non-aversive intervention. All |
| 15 |
| behavioral supports required by the plan shall be applied in a |
| 16 |
| humane and caring manner that respects the dignity of the |
| 17 |
| individual and shall be implemented in a positive and |
| 18 |
| socially-supportive environment, including the home. |
| 19 |
| Interventions must not: (1) include electric shock; (2) |
| 20 |
| withhold essential food and drink; (3) cause physical or |
| 21 |
| psychological pain; (4) use drugs as restraints; or (5) produce |
| 22 |
| humiliation or discomfort.
|
| 23 |
| Nothing in this subsection shall preclude, for therapeutic |
| 24 |
| purposes, variant scheduling of food or drink or the |
| 25 |
| application of safe and appropriate time-out procedures. |
| 26 |
| (c) The Department of Human Services shall be responsible |
| 27 |
| for developing and promulgating rules to implement the |
| 28 |
| provisions of this Section and to carryout the intent of this |
| 29 |
| Section.
|
| 30 |
| (d) To the extent this Section conflicts with Article I of |
| 31 |
| Chapter II of the Mental Health and Developmental Disabilities |
| 32 |
| Code, that Article controls.
|
| 33 |
| Section 99. Effective date. This Act takes effect upon |
Translate
