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
 


HB1002LRB099 04828 RLC 24857 b



1 AN ACT concerning health.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:


4 Section 5. The Mental Health and Developmental 
5Disabilities Code is amended by changing Section 2-107 as 
6follows:



7 (405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)



8 Sec. 2-107. Refusal of services; informing of risks. 

9 (a) An adult recipient of services or the
the recipient's 
10guardian,
if the recipient is under guardianship, and the 
11recipient's substitute
decision maker, if any, must be informed 
12of the recipient's right to
refuse medication or 
13electroconvulsive therapy. The recipient and the recipient's 
14guardian or substitute
decision maker shall be given the 
15opportunity to
refuse generally accepted mental health or 
16developmental disability services,
including but not limited 
17to medication or electroconvulsive therapy. If such services 
18are refused, they
shall not be given unless such services are 
19necessary to prevent the recipient
from causing serious and 
20imminent physical harm to the recipient or others and
no less 
21restrictive alternative is available.
The facility director 
22shall inform a recipient, guardian, or
substitute decision 
23maker, if any, who refuses such
services of alternate services 
 
 
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1available and the risks of such alternate
services, as well as 
2the possible consequences to the recipient of refusal of
such 
3services.
4 (b) Psychotropic medication or electroconvulsive therapy 
5may be administered
under this Section for
up to 24 hours only 
6if the circumstances leading up to the need for emergency

7treatment are set forth in writing in the recipient's record.

8 (c) Administration of medication or electroconvulsive 
9therapy may not be continued unless the need
for such treatment 
10is redetermined at least every 24 hours based upon a
personal 
11examination of the recipient by a physician or a nurse under 
12the
supervision of a physician and the circumstances 
13demonstrating that need are
set forth in writing in the 
14recipient's record.

15 (d) Neither psychotropic medication nor electroconvulsive 
16therapy may be administered under this
Section for a period in 
17excess of 72 hours, excluding Saturdays, Sundays, and
holidays, 
18unless a petition is filed under Section 2-107.1 and the 
19treatment
continues to be necessary under subsection (a) of 
20this Section. Once the
petition has been filed, treatment may 
21continue in compliance with subsections
(a), (b), and (c) of 
22this Section until the final outcome of the hearing on the

23petition.

24 (e) The Department shall issue rules designed to insure 
25that in
State-operated mental health facilities psychotropic 
26medication and electroconvulsive therapy are
administered in 
 
 
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1accordance with this Section and only when appropriately

2authorized and monitored by a physician or a nurse under the 
3supervision
of a physician
in accordance with accepted medical 
4practice. The facility director of each
mental health facility 
5not operated by the State shall issue rules designed to
insure 
6that in that facility psychotropic medication and 
7electroconvulsive therapy are administered
in
accordance with 
8this Section and only when appropriately authorized and

9monitored by a physician or a nurse under the supervision of a

10physician in accordance with accepted medical practice. Such 
11rules shall be
available for public inspection and copying 
12during normal business hours.

13 (f) The provisions of this Section with respect to the 
14emergency
administration of psychotropic medication and 
15electroconvulsive therapy do not apply to facilities
licensed 
16under the Nursing Home Care Act, the Specialized Mental Health 
17Rehabilitation Act of 2013, or the ID/DD Community Care Act.

18 (g) Under no circumstances may long-acting psychotropic 
19medications be
administered under this Section.

20 (h) Whenever psychotropic medication or electroconvulsive 
21therapy is refused pursuant to subsection (a) of this Section 
22at least once that day, the physician shall determine and state 
23in writing the reasons why the recipient did not meet the 
24criteria for administration of medication or electroconvulsive 
25therapy under subsection (a) and whether the recipient meets 
26the standard for administration of psychotropic medication or 
 
 
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1electroconvulsive therapy under Section 2-107.1 of this Code. 
2If the physician determines that the recipient meets the 
3standard for administration of psychotropic medication or 
4electroconvulsive therapy
under Section 2-107.1, the facility 
5director or his or her designee shall petition the court for 
6administration of psychotropic medication or electroconvulsive 
7therapy pursuant to that Section unless the facility director 
8or his or her designee states in writing in the recipient's 
9record why the filing of such a petition is not warranted. This 
10subsection (h) applies only to State-operated mental health 
11facilities.
12 (i) The Department shall conduct annual trainings for all 
13physicians and registered nurses working in State-operated 
14mental health facilities on the appropriate use of emergency 
15administration of psychotropic medication and 
16electroconvulsive therapy, standards for their use, and the 
17methods of authorization under this Section.

18(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, 
19eff. 7-13-12; 98-104, eff. 7-22-13.)