Bill Text: IL HB1002 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning refusal of services and informing of risks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB1002 Detail]

Download: Illinois-2015-HB1002-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1002 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
405 ILCS 5/2-107 from Ch. 91 1/2, par. 2-107
Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning refusal of services and informing of risks.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Section 2-107 as
follows:
(405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
Sec. 2-107. Refusal of services; informing of risks.
(a) An adult recipient of services or the the recipient's
guardian, if the recipient is under guardianship, and the
recipient's substitute decision maker, if any, must be informed
of the recipient's right to refuse medication or
electroconvulsive therapy. The recipient and the recipient's
guardian or substitute decision maker shall be given the
opportunity to refuse generally accepted mental health or
developmental disability services, including but not limited
to medication or electroconvulsive therapy. If such services
are refused, they shall not be given unless such services are
necessary to prevent the recipient from causing serious and
imminent physical harm to the recipient or others and no less
restrictive alternative is available. The facility director
shall inform a recipient, guardian, or substitute decision
maker, if any, who refuses such services of alternate services

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available and the risks of such alternate services, as well as
the possible consequences to the recipient of refusal of such
services.
(b) Psychotropic medication or electroconvulsive therapy
may be administered under this Section for up to 24 hours only
if the circumstances leading up to the need for emergency
treatment are set forth in writing in the recipient's record.
(c) Administration of medication or electroconvulsive
therapy may not be continued unless the need for such treatment
is redetermined at least every 24 hours based upon a personal
examination of the recipient by a physician or a nurse under
the supervision of a physician and the circumstances
demonstrating that need are set forth in writing in the
recipient's record.
(d) Neither psychotropic medication nor electroconvulsive
therapy may be administered under this Section for a period in
excess of 72 hours, excluding Saturdays, Sundays, and holidays,
unless a petition is filed under Section 2-107.1 and the
treatment continues to be necessary under subsection (a) of
this Section. Once the petition has been filed, treatment may
continue in compliance with subsections (a), (b), and (c) of
this Section until the final outcome of the hearing on the
petition.
(e) The Department shall issue rules designed to insure
that in State-operated mental health facilities psychotropic
medication and electroconvulsive therapy are administered in

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accordance with this Section and only when appropriately
authorized and monitored by a physician or a nurse under the
supervision of a physician in accordance with accepted medical
practice. The facility director of each mental health facility
not operated by the State shall issue rules designed to insure
that in that facility psychotropic medication and
electroconvulsive therapy are administered in accordance with
this Section and only when appropriately authorized and
monitored by a physician or a nurse under the supervision of a
physician in accordance with accepted medical practice. Such
rules shall be available for public inspection and copying
during normal business hours.
(f) The provisions of this Section with respect to the
emergency administration of psychotropic medication and
electroconvulsive therapy do not apply to facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act.
(g) Under no circumstances may long-acting psychotropic
medications be administered under this Section.
(h) Whenever psychotropic medication or electroconvulsive
therapy is refused pursuant to subsection (a) of this Section
at least once that day, the physician shall determine and state
in writing the reasons why the recipient did not meet the
criteria for administration of medication or electroconvulsive
therapy under subsection (a) and whether the recipient meets
the standard for administration of psychotropic medication or

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electroconvulsive therapy under Section 2-107.1 of this Code.
If the physician determines that the recipient meets the
standard for administration of psychotropic medication or
electroconvulsive therapy under Section 2-107.1, the facility
director or his or her designee shall petition the court for
administration of psychotropic medication or electroconvulsive
therapy pursuant to that Section unless the facility director
or his or her designee states in writing in the recipient's
record why the filing of such a petition is not warranted. This
subsection (h) applies only to State-operated mental health
facilities.
(i) The Department shall conduct annual trainings for all
physicians and registered nurses working in State-operated
mental health facilities on the appropriate use of emergency
administration of psychotropic medication and
electroconvulsive therapy, standards for their use, and the
methods of authorization under this Section.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)