Full Text of HB0286 97th General Assembly
HB0286enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Administration of Psychotropic Medications to Children Act. | 6 | | Section 2. Legislative Findings. The General Assembly | 7 | | recognizes that: | 8 | | (a) Mental illnesses among children and adolescents can be | 9 | | severely debilitating and, if untreated, can have a negative | 10 | | effect on their education, their families and communities, and | 11 | | their future lives as productive citizens of Illinois. | 12 | | (b) Psychotropic medications, when used carefully and | 13 | | appropriately, can be safe and effective treatments for | 14 | | children with serious mental illnesses. | 15 | | (c) Psychotropic medications, like most other medications, | 16 | | may pose serious risks and side effects, particularly if their | 17 | | use is not carefully monitored. | 18 | | (d) Under Illinois law, minors cannot give consent to | 19 | | medical treatment, including psychotropic medications. | 20 | | (e) Under Illinois law, in the absence of an emergency, | 21 | | medical treatment, including the administration of | 22 | | psychotropic medications, may only be provided to a minor with | 23 | | the consent of a parent, a guardian, or some other person |
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| 1 | | authorized by law to give consent. | 2 | | (f) The Department of Children and Family Services has | 3 | | responsibility for providing informed consent for medical | 4 | | treatment, including the administration of psychotropic | 5 | | medications, for thousands of children and adolescents. | 6 | | (g) The health, safety, and well-being of children and | 7 | | adolescents who are the legal responsibility of the Department | 8 | | depend on the existence and enforcement of appropriate | 9 | | standards and procedures through which the Department may | 10 | | determine when the use of psychotropic medications is | 11 | | appropriate for these children and adolescents. | 12 | | Section 5. Administration of psychotropic medications. On | 13 | | or before October 1, 2011, the Department of Children and | 14 | | Family Services shall promulgate final rules, amending its | 15 | | current rules establishing and maintaining standards and | 16 | | procedures to govern the administration of psychotropic | 17 | | medications. Such amendments to its rules shall include, but | 18 | | are not limited to, the following: | 19 | | (a) The role of the Department in the administration of | 20 | | psychotropic medications to youth for whom it is legally | 21 | | responsible and who are in facilities operated by the Illinois | 22 | | Department of Corrections or the Illinois Department of | 23 | | Juvenile Justice. | 24 | | (b) Provisions regarding the administration of | 25 | | psychotropic medications for youth for whom the Department is |
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| 1 | | legally responsible and who are in residential facilities, | 2 | | group homes, transitional living programs, or foster homes | 3 | | where the youth is under the age of 18 or where the youth is 18 | 4 | | or older and has provided the Department with appropriate | 5 | | consent. | 6 | | (c) Provisions regarding the administration of | 7 | | psychotropic medications for youth for whom the Department is | 8 | | legally responsible and who are in psychiatric hospitals. | 9 | | (d) Provisions concerning the emergency use of | 10 | | psychotropic medications, including appropriate and timely | 11 | | reporting. | 12 | | (e) Provisions prohibiting the administration of | 13 | | psychotropic medications to persons for whom the Department is | 14 | | legally responsible as punishment for bad behavior, for the | 15 | | convenience of staff or caregivers, or as a substitute for | 16 | | adequate mental health care or other services. | 17 | | (f) The creation of a committee to develop, post on a | 18 | | website, and periodically review materials listing which | 19 | | psychotropic medications are approved for use with youth for | 20 | | whom the Department has legal responsibility. The materials | 21 | | shall include guidelines for the use of psychotropic | 22 | | medications and may include the acceptable range of dosages, | 23 | | contraindications, and time limits, if any, and such other | 24 | | topics necessary to ensure the safe and appropriate use of | 25 | | psychotropic medications. | 26 | | (g) Provisions regarding the appointment, qualifications, |
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| 1 | | and training of employees of the Department who are authorized | 2 | | to consent to the administration of psychotropic medications to | 3 | | youth for whom the Department has legal responsibility, | 4 | | including the scope of the authority of such persons. | 5 | | (h) Provisions regarding training and materials for | 6 | | parents, foster parents, and relative caretakers concerning | 7 | | the rules governing the use of psychotropic medications with | 8 | | youth for whom the Department has legal responsibility. | 9 | | (i) With respect to any youth under the age of 18 for whom | 10 | | the Department has legal responsibility and who does not assent | 11 | | to the administration of recommended psychotropic medication, | 12 | | provisions providing standards and procedures for reviewing | 13 | | the youth's concerns. With respect to any youth over the age of | 14 | | 18 for whom the Department has legal responsibility and who | 15 | | does not consent to the administration of recommended | 16 | | psychotropic medication, provisions providing standards and | 17 | | procedures for reviewing the youth's concerns upon the youth's | 18 | | request and with the youth's consent. Standards and procedures | 19 | | developed under this subsection shall not be inconsistent with | 20 | | the Mental Health and Developmental Disabilities Code. | 21 | | (j) Provisions ensuring that, subject to all relevant | 22 | | confidentiality laws, service plans for youth for whom the | 23 | | Department has legal responsibility include the following | 24 | | information: | 25 | | (1) Identification by name and dosage of the | 26 | | psychotropic medication known by the Department to have |
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| 1 | | been administered to the youth since the last service plan. | 2 | | (2) The benefits of the psychotropic medication. | 3 | | (3) The negative side effects of the psychotropic | 4 | | medication. | 5 | | Section 10. Failure to comply with Department rules. The | 6 | | Department must establish and maintain rules designed to ensure | 7 | | compliance with any rules promulgated pursuant to Section 5 of | 8 | | this Act. Such rules shall include, but are not limited to, the | 9 | | following: | 10 | | (a) Standards and procedures for notifying physicians, | 11 | | residential treatment facilities, and psychiatric hospitals | 12 | | when they have violated any rule enacted or maintained pursuant | 13 | | to Section 5 of this Act. | 14 | | (b) Standards and procedures for issuing written warnings | 15 | | to physicians, residential treatment facilities, and | 16 | | psychiatric hospitals when they have violated any rule enacted | 17 | | or maintained pursuant to Section 5 of this Act. | 18 | | (c) Standards and procedures for notifying the Department | 19 | | of Financial and Professional Regulation when a physician has | 20 | | repeatedly violated any rule enacted or maintained pursuant to | 21 | | Section 5 of this Act after having received a written warning | 22 | | on one or more occasions. This subsection is not intended to | 23 | | limit the Department's authority to make a report to the | 24 | | Department of Financial and Professional Regulation when a | 25 | | physician has violated a rule and has not received a written |
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| 1 | | warning when the Department determines it is in the minor's and | 2 | | society's interest to make the report. | 3 | | (d) Standards and procedures for notifying the Department | 4 | | of Public Health when any facility licensed by that Department | 5 | | has repeatedly violated any rule enacted or maintained pursuant | 6 | | to Section 5 of this Act after having received a written | 7 | | warning on one or more occasions. This subsection is not | 8 | | intended to limit the Department's authority to make a report | 9 | | to the Department of Public Health when a facility has violated | 10 | | a rule and has not received a written warning when the | 11 | | Department determines it is in the minor's and society's | 12 | | interest to make the report. | 13 | | (e) Standards and procedures for notifying the guardian ad | 14 | | litem appointed pursuant to Section 2-17 of the Juvenile Court | 15 | | Act of 1987, of a ward who has been administered psychotropic | 16 | | medication in violation of any rule enacted or maintained | 17 | | pursuant to Section 5 of this Act, where the guardian ad litem | 18 | | has requested notification and provides the Department with | 19 | | documentation verifying that pursuant to the Mental Health and | 20 | | Developmental Disabilities Confidentiality Act, the court has | 21 | | entered an order granting the guardian ad litem authority to | 22 | | receive and review this information. | 23 | | (f) Standards and procedures for notifying the | 24 | | Department's licensing division when a residential facility or | 25 | | group home licensed by the Department has repeatedly violated | 26 | | any rule enacted or maintained pursuant to Section 5 of this |
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| 1 | | Act. | 2 | | Section 15. Annual report. | 3 | | (a) No later than December 31 of each year, the Department | 4 | | shall prepare and submit an annual report, covering the | 5 | | previous fiscal year, to the General Assembly concerning the | 6 | | administration of psychotropic medication to persons for whom | 7 | | it is legally responsible. This report shall include, but is | 8 | | not limited to, the following: | 9 | | (1) The number of violations of any rule enacted | 10 | | pursuant to Section 5 of this Act. | 11 | | (2) The number of warnings issued pursuant to | 12 | | subsection (b) of Section 10 of this Act. | 13 | | (3) The number of physicians who have been issued | 14 | | warnings pursuant to subsection (b) of Section 10 of this | 15 | | Act. | 16 | | (4) The number of physicians who have been reported to | 17 | | the Department of Financial and Professional Regulation | 18 | | pursuant to subsection (c) of Section 10 of this Act, and, | 19 | | if available, the results of such reports. | 20 | | (5) The number of facilities that have been reported to | 21 | | the Department of Public Health pursuant to subsection (d) | 22 | | of Section 10 of this Act and, if available, the results of | 23 | | such reports. | 24 | | (6) The number of Department-licensed facilities that | 25 | | have been the subject of licensing complaints pursuant to |
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| 1 | | subsection (f) of Section 10 of this Act, and if available, | 2 | | the results of the complaint investigations. | 3 | | (7) Any recommendations for legislative changes or | 4 | | amendments to any of its rules or procedures established or | 5 | | maintained in compliance with this Act. | 6 | | (b) The requirement for reporting to the General Assembly | 7 | | shall be satisfied by filing copies of the report with the | 8 | | Speaker, the Minority Leader, and the Clerk of the House of | 9 | | Representatives, the President, the Minority Leader, and the | 10 | | Secretary of the Senate, and the Legislative Research Unit, as | 11 | | required by Section 3.1 of the General Assembly Organization | 12 | | Act and by filing additional copies with the State Government | 13 | | Report Distribution Center for the General Assembly as required | 14 | | under paragraph (t) of Section 7 of the State Library Act.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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