Full Text of HB5351 103rd General Assembly
HB5351eng 103RD GENERAL ASSEMBLY | | | HB5351 Engrossed | | LRB103 38673 RLC 68810 b |
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| 1 | | AN ACT concerning health. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Sections 2-107.1, | 6 | | 3-100, 3-752, 3-753, and 3-812 as follows: | 7 | | (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1) | 8 | | Sec. 2-107.1. Administration of psychotropic medication | 9 | | and electroconvulsive therapy upon application to a court. | 10 | | (a) (Blank). | 11 | | (a-5) Notwithstanding the provisions of Section 2-107 of | 12 | | this Code, psychotropic medication and electroconvulsive | 13 | | therapy may be administered to an adult recipient of services | 14 | | on an inpatient or outpatient basis without the informed | 15 | | consent of the recipient under the following standards: | 16 | | (1) Any person 18 years of age or older, including any | 17 | | guardian, may petition the circuit court for an order | 18 | | authorizing the administration of psychotropic medication | 19 | | and electroconvulsive therapy to a recipient of services. | 20 | | The petition shall state that the petitioner has made a | 21 | | good faith attempt to determine whether the recipient has | 22 | | executed a power of attorney for health care under the | 23 | | Powers of Attorney for Health Care Law or a declaration |
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| 1 | | for mental health treatment under the Mental Health | 2 | | Treatment Preference Declaration Act and to obtain copies | 3 | | of these instruments if they exist. If either of the | 4 | | above-named instruments is available to the petitioner, | 5 | | the instrument or a copy of the instrument shall be | 6 | | attached to the petition as an exhibit. The petitioner | 7 | | shall deliver a copy of the petition, and notice of the | 8 | | time and place of the hearing, to the respondent, his or | 9 | | her attorney, any known agent or attorney-in-fact, if any, | 10 | | and the guardian, if any, no later than 3 days prior to the | 11 | | date of the hearing. Service of the petition and notice of | 12 | | the time and place of the hearing may be made by | 13 | | transmitting them via facsimile machine to the respondent | 14 | | or other party. Upon receipt of the petition and notice, | 15 | | the party served, or the person delivering the petition | 16 | | and notice to the party served, shall acknowledge service. | 17 | | If the party sending the petition and notice does not | 18 | | receive acknowledgement of service within 24 hours, | 19 | | service must be made by personal service. | 20 | | The petition may include a request that the court | 21 | | authorize such testing and procedures as may be essential | 22 | | for the safe and effective administration of the | 23 | | psychotropic medication or electroconvulsive therapy | 24 | | sought to be administered, but only where the petition | 25 | | sets forth the specific testing and procedures sought to | 26 | | be administered. |
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| 1 | | If a hearing is requested to be held immediately | 2 | | following the hearing on a petition for involuntary | 3 | | admission, then the notice requirement shall be the same | 4 | | as that for the hearing on the petition for involuntary | 5 | | admission, and the petition filed pursuant to this Section | 6 | | shall be filed with the petition for involuntary | 7 | | admission. | 8 | | (2) The court shall hold a hearing within 7 days of the | 9 | | filing of the petition. The People, the petitioner, or the | 10 | | respondent shall be entitled to a continuance of up to 7 | 11 | | days as of right. An additional continuance of not more | 12 | | than 7 days may be granted to any party (i) upon a showing | 13 | | that the continuance is needed in order to adequately | 14 | | prepare for or present evidence in a hearing under this | 15 | | Section or (ii) under exceptional circumstances. The court | 16 | | may grant an additional continuance not to exceed 21 days | 17 | | when, in its discretion, the court determines that such a | 18 | | continuance is necessary in order to provide the recipient | 19 | | with an examination pursuant to Section 3-803 or 3-804 of | 20 | | this Act, to provide the recipient with a trial by jury as | 21 | | provided in Section 3-802 of this Act, or to arrange for | 22 | | the substitution of counsel as provided for by the | 23 | | Illinois Supreme Court Rules. The hearing shall be | 24 | | separate from a judicial proceeding held to determine | 25 | | whether a person is subject to involuntary admission on an | 26 | | inpatient basis but may be heard immediately preceding or |
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| 1 | | following such a judicial proceeding and may be heard by | 2 | | the same trier of fact or law as in that judicial | 3 | | proceeding. | 4 | | (3) Unless otherwise provided herein, the procedures | 5 | | set forth in Article VIII of Chapter III of this Act, | 6 | | including the provisions regarding appointment of counsel, | 7 | | shall govern hearings held under this subsection (a-5). | 8 | | (4) Psychotropic medication and electroconvulsive | 9 | | therapy may be administered to the recipient if and only | 10 | | if it has been determined by clear and convincing evidence | 11 | | that all of the following factors are present. In | 12 | | determining whether a person meets the criteria specified | 13 | | in the following paragraphs (A) through (G), the court may | 14 | | consider evidence of the person's history of serious | 15 | | violence, repeated past pattern of specific behavior, | 16 | | actions related to the person's illness, or past outcomes | 17 | | of various treatment options. | 18 | | (A) That the recipient has a serious mental | 19 | | illness or developmental disability. | 20 | | (B) That because of said mental illness or | 21 | | developmental disability, the recipient currently | 22 | | exhibits any one of the following: (i) deterioration | 23 | | of his or her ability to function, as compared to the | 24 | | recipient's ability to function prior to the current | 25 | | onset of symptoms of the mental illness or disability | 26 | | for which treatment is presently sought, (ii) |
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| 1 | | suffering, or (iii) threatening behavior. | 2 | | (C) That the illness or disability has existed for | 3 | | a period marked by the continuing presence of the | 4 | | symptoms set forth in item (B) of this subdivision (4) | 5 | | or the repeated episodic occurrence of these symptoms. | 6 | | (D) That the benefits of the treatment outweigh | 7 | | the harm. | 8 | | (E) That the recipient lacks the capacity to make | 9 | | a reasoned decision about the treatment. | 10 | | (F) That other less restrictive services have been | 11 | | explored and found inappropriate. | 12 | | (G) If the petition seeks authorization for | 13 | | testing and other procedures, that such testing and | 14 | | procedures are essential for the safe and effective | 15 | | administration of the treatment. | 16 | | (5) In no event shall an order issued under this | 17 | | Section be effective for more than 90 days. A second | 18 | | 90-day period of involuntary treatment may be authorized | 19 | | pursuant to a hearing that complies with the standards and | 20 | | procedures of this subsection (a-5). Thereafter, | 21 | | additional 180-day periods of involuntary treatment may be | 22 | | authorized pursuant to the standards and procedures of | 23 | | this Section without limit. If a new petition to authorize | 24 | | the administration of psychotropic medication or | 25 | | electroconvulsive therapy is filed at least 15 days prior | 26 | | to the expiration of the prior order, and if any |
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| 1 | | continuance of the hearing is agreed to by the recipient, | 2 | | the administration of the treatment may continue in | 3 | | accordance with the prior order pending the completion of | 4 | | a hearing under this Section. | 5 | | (6) An order issued under this subsection (a-5) shall | 6 | | designate the persons authorized to administer the | 7 | | treatment under the standards and procedures of this | 8 | | subsection (a-5). Those persons shall have complete | 9 | | discretion not to administer any treatment authorized | 10 | | under this Section. The order shall also specify the | 11 | | medications and the anticipated range of dosages that have | 12 | | been authorized and may include a list of any alternative | 13 | | medications and range of dosages deemed necessary. | 14 | | (a-10) The court may, in its discretion, appoint a | 15 | | guardian ad litem for a recipient before the court or | 16 | | authorize an existing guardian of the person to monitor | 17 | | treatment and compliance with court orders under this Section. | 18 | | (b) A guardian may be authorized to consent to the | 19 | | administration of psychotropic medication or electroconvulsive | 20 | | therapy to an objecting recipient only under the standards and | 21 | | procedures of subsection (a-5). | 22 | | (c) Notwithstanding any other provision of this Section, a | 23 | | guardian may consent to the administration of psychotropic | 24 | | medication or electroconvulsive therapy to a non-objecting | 25 | | recipient under Article XIa of the Probate Act of 1975. | 26 | | (d) Nothing in this Section shall prevent the |
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| 1 | | administration of psychotropic medication or electroconvulsive | 2 | | therapy to recipients in an emergency under Section 2-107 of | 3 | | this Act. | 4 | | (e) Notwithstanding any of the provisions of this Section, | 5 | | psychotropic medication or electroconvulsive therapy may be | 6 | | administered pursuant to a power of attorney for health care | 7 | | under the Powers of Attorney for Health Care Law or a | 8 | | declaration for mental health treatment under the Mental | 9 | | Health Treatment Preference Declaration Act over the objection | 10 | | of the recipient if the recipient has not revoked the power of | 11 | | attorney or declaration for mental health treatment as | 12 | | provided in the relevant statute. | 13 | | (f) The Department shall conduct annual trainings for | 14 | | physicians and registered nurses working in State-operated | 15 | | mental health facilities on the appropriate use of | 16 | | psychotropic medication and electroconvulsive therapy, | 17 | | standards for their use, and the preparation of court | 18 | | petitions under this Section. | 19 | | (Source: P.A. 100-710, eff. 8-3-18.) | 20 | | (405 ILCS 5/3-100) (from Ch. 91 1/2, par. 3-100) | 21 | | Sec. 3-100. The circuit court has jurisdiction under this | 22 | | Chapter over persons not charged with a felony who are subject | 23 | | to involuntary admission on an inpatient basis. The circuit | 24 | | court has jurisdiction over all persons who are subject to | 25 | | involuntary admission on an outpatient basis under Article |
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| 1 | | VII-A of this Code, whether or not they are charged with a | 2 | | felony . Inmates of penal institutions shall not be considered | 3 | | as charged with a felony within the meaning of this Chapter. | 4 | | Court proceedings under Article VIII of this Chapter may be | 5 | | instituted as to any such inmate at any time within 90 days | 6 | | prior to discharge of such inmate by expiration of sentence or | 7 | | otherwise, and if such inmate is found to be subject to | 8 | | involuntary admission, the order of the court ordering | 9 | | hospitalization or other disposition shall become effective at | 10 | | the time of discharge of the inmate from penal custody. The | 11 | | circuit court has jurisdiction over all persons alleged to be | 12 | | in need of treatment under Section 2-107.1 of this Code, | 13 | | whether or not they are charged with a felony. | 14 | | (Source: P.A. 99-179, eff. 7-29-15.) | 15 | | (405 ILCS 5/3-752) | 16 | | Sec. 3-752. Certificate. | 17 | | (a) The petition may be accompanied by the certificate of | 18 | | a physician, qualified examiner, psychiatrist, advanced | 19 | | practice psychiatric nurse, or clinical psychologist which | 20 | | certifies that the respondent is subject to involuntary | 21 | | admission on an outpatient basis. The certificate shall | 22 | | indicate that the physician, qualified examiner, psychiatrist, | 23 | | advanced practice psychiatric nurse, or clinical psychologist | 24 | | personally examined the respondent not more than 72 hours | 25 | | prior to the completion of the certificate. It shall also |
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| 1 | | contain the physician's, qualified examiner's, psychiatrist's, | 2 | | advanced practice psychiatric nurse's, or clinical | 3 | | psychologist's clinical observations, other factual | 4 | | information relied upon in reaching a diagnosis, and a | 5 | | statement as to whether the respondent was advised of his or | 6 | | her rights under Section 3-208. | 7 | | (b) Upon receipt of the petition either with or without a | 8 | | certificate, if the court finds the documents are in order, it | 9 | | may make such orders pursuant to Section 3-753 as are | 10 | | necessary to provide for examination of the respondent. If the | 11 | | petition is not accompanied by a certificate 2 certificates | 12 | | executed pursuant to Section 3-753, the court may order the | 13 | | respondent to present himself or herself for examination at a | 14 | | time and place designated by the court. If the petition is | 15 | | accompanied by a certificate 2 certificates executed pursuant | 16 | | to Section 3-753 and the court finds the documents are in | 17 | | order, the court shall set the matter for hearing. | 18 | | (Source: P.A. 101-587, eff. 1-1-20 .) | 19 | | (405 ILCS 5/3-753) | 20 | | Sec. 3-753. Examination. If no certificate was filed, the | 21 | | respondent shall be examined separately by a physician, | 22 | | clinical psychologist, advanced practice psychiatric nurse, or | 23 | | qualified examiner , or and by a psychiatrist. If a certificate | 24 | | executed by a psychiatrist was filed, the respondent shall be | 25 | | examined by a physician, clinical psychologist, qualified |
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| 1 | | examiner, advanced practice psychiatric nurse, or | 2 | | psychiatrist. If a certificate executed by a qualified | 3 | | examiner, clinical psychologist, advanced practice psychiatric | 4 | | nurse, or a physician who is not a psychiatrist was filed, the | 5 | | respondent shall be examined by a psychiatrist. The examining | 6 | | physician, clinical psychologist, qualified examiner, advanced | 7 | | practice psychiatric nurse, or psychiatrist may interview by | 8 | | telephone or in person any witnesses or other persons listed | 9 | | in the petition for involuntary admission. If, as a result of | 10 | | an examination, a certificate is executed, the certificate | 11 | | shall be promptly filed with the court. If a certificate is | 12 | | executed, the examining physician, clinical psychologist, | 13 | | qualified examiner, advanced practice psychiatric nurse, or | 14 | | psychiatrist may also submit for filing with the court a | 15 | | report in which his or her findings are described in detail, | 16 | | and may rely upon such findings for his opinion that the | 17 | | respondent is subject to involuntary admission. Copies of the | 18 | | certificates shall be made available to the attorneys for the | 19 | | parties upon request prior to the hearing. | 20 | | (Source: P.A. 101-587, eff. 1-1-20 .) | 21 | | (405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812) | 22 | | Sec. 3-812. Court ordered admission on an outpatient | 23 | | basis; modification; revocation. | 24 | | (a) If a respondent is found subject to involuntary | 25 | | admission on an outpatient basis, the court may issue an |
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| 1 | | order: (i) placing the respondent in the care and custody of a | 2 | | relative or other person willing and able to properly care for | 3 | | him or her; or (ii) committing the respondent to alternative | 4 | | treatment at a community mental health provider. | 5 | | (b) An order placing the respondent in the care and | 6 | | custody of a relative or other person shall specify the powers | 7 | | and duties of the custodian. An order of care and custody | 8 | | entered pursuant to this Section may grant the custodian the | 9 | | authority to admit a respondent to a hospital if the | 10 | | respondent fails to comply with the conditions of the order. | 11 | | If necessary in order to obtain the hospitalization of the | 12 | | respondent, the custodian may apply to the court for an order | 13 | | authorizing an officer of the peace to take the respondent | 14 | | into custody and transport the respondent to a mental health | 15 | | facility. The provisions of Section 3-605 shall govern the | 16 | | transportation of the respondent to a mental health facility, | 17 | | except to the extent that those provisions are inconsistent | 18 | | with this Section. No person admitted to a hospital pursuant | 19 | | to this subsection shall be detained for longer than 24 hours, | 20 | | excluding Saturdays, Sundays, and holidays, unless, within | 21 | | that period, a petition for involuntary admission on an | 22 | | inpatient basis and a certificate supporting such petition | 23 | | have been filed as provided in Section 3-611. | 24 | | (c) Alternative treatment shall not be ordered unless the | 25 | | program being considered is capable of providing adequate and | 26 | | humane treatment in the least restrictive setting which is |
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| 1 | | appropriate to the respondent's condition. The court shall | 2 | | have continuing authority to modify an order for alternative | 3 | | treatment if the recipient fails to comply with the order or is | 4 | | otherwise found unsuitable for alternative treatment. Prior to | 5 | | modifying such an order, the court shall receive a report from | 6 | | the facility director of the program specifying why the | 7 | | alternative treatment is unsuitable. The recipient shall be | 8 | | notified and given an opportunity to respond when modification | 9 | | of the order for alternative treatment is considered. If the | 10 | | court determines that the respondent has violated the order | 11 | | for alternative treatment in the community or that alternative | 12 | | treatment in the community will no longer provide adequate | 13 | | assurances for the safety of the respondent or others, the | 14 | | court may revoke the order for alternative treatment in the | 15 | | community and may order a peace officer to take the recipient | 16 | | into custody and transport him to an inpatient mental health | 17 | | facility. The provisions of Section 3-605 shall govern the | 18 | | transportation of the respondent to a mental health facility, | 19 | | except to the extent that those provisions are inconsistent | 20 | | with this Section. No person admitted to a hospital pursuant | 21 | | to this subsection shall be detained for longer than 24 hours, | 22 | | excluding Saturdays, Sundays, and holidays, unless, within | 23 | | that period, a petition for involuntary admission on an | 24 | | inpatient basis and a certificate supporting such petition | 25 | | have been filed as provided in Section 3-611. | 26 | | (d) A court order placing the respondent in the care and |
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| 1 | | custody of a relative or other person willing and able to | 2 | | properly care for him or her or committing the respondent to | 3 | | alternative treatment at a community mental health provider | 4 | | may include provisions requiring that the respondent | 5 | | participate in: case management services, individual or group | 6 | | therapy, day or partial day programs, educational or | 7 | | vocational training, supervised living, assertive community | 8 | | treatment team services, substance use disorder treatment and | 9 | | testing and any other service that would help prevent relapse | 10 | | or deterioration resulting in hospitalization. Psychotropic | 11 | | medication or electroconvulsive therapy and accompanying tests | 12 | | may be ordered only pursuant to Section 2-107.1. The court may | 13 | | also order the custodian or treatment provider to file | 14 | | periodic reports with the court, and provide copies to the | 15 | | State's Attorney and respondent's counsel, reflecting the | 16 | | respondent's participation in treatment and his or her | 17 | | clinical condition. | 18 | | (Source: P.A. 98-221, eff. 1-1-14.) |
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