Bill Amendment: IL SB1510 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: NURSING HOME CARE ACT-VARIOUS
Status: 2021-01-13 - Passed Both Houses [SB1510 Detail]
Download: Illinois-2019-SB1510-House_Amendment_001.html
Bill Title: NURSING HOME CARE ACT-VARIOUS
Status: 2021-01-13 - Passed Both Houses [SB1510 Detail]
Download: Illinois-2019-SB1510-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1510
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2 | AMENDMENT NO. ______. Amend Senate Bill 1510 as follows:
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3 | on page 1, line 5, by deleting "2-204,"; and
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4 | on page 7, by replacing lines 14 through 19 with " enforced by | ||||||
5 | an action brought by the Department for injunctive relief, | ||||||
6 | civil penalties, or both injunctive relief and civil penalties | ||||||
7 | in the name of the People of Illinois. The Department may | ||||||
8 | initiate such action upon its own complaint or the complaint of | ||||||
9 | any other interested party. "; and
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10 | on page 7, line 23, by deleting " person and "; and
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11 | by deleting line 18 on page 8 through line 25 on page 11; and
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12 | on page 16, line 11, after " 3-103.1 ", by inserting " , if any "; | ||||||
13 | and
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1 | on page 16, line 15, by deleting " regularly "; and
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2 | on page 16, by replacing line 26 with " shall be imposed for the | ||||||
3 | quarter beginning October 1, 2020 and "; and
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4 | on page 17, line 5, by replacing " twice " with " one and | ||||||
5 | one-half "; and
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6 | on page 17, by deleting lines 19 through 26; and
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7 | on page 20, line 3, after " may ", by inserting " elect to "; and
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8 | on page 20, immediately below line 12, by inserting the | ||||||
9 | following:
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10 | "Section 10. The Specialized Mental Health Rehabilitation | ||||||
11 | Act of 2013 is amended by changing Section 3-106 as follows:
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12 | (210 ILCS 49/3-106)
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13 | Sec. 3-106. Pharmaceutical treatment. | ||||||
14 | (a) A consumer shall not be given unnecessary drugs. An | ||||||
15 | unnecessary drug is any drug used in an excessive dose, | ||||||
16 | including in duplicative therapy; for excessive duration; | ||||||
17 | without adequate monitoring; without adequate indications for | ||||||
18 | its use; or in the presence of adverse consequences that |
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1 | indicate the drug should be reduced or discontinued. The | ||||||
2 | Department shall adopt, by rule, the standards for unnecessary | ||||||
3 | drugs. | ||||||
4 | (b) (Blank). Informed consent shall be required for the | ||||||
5 | prescription of psychotropic medication consistent with the | ||||||
6 | requirements contained in subsection (b) of Section 2-106.1 of | ||||||
7 | the Nursing Home Care Act.
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8 | (b-5) Psychotropic medication shall not be prescribed | ||||||
9 | without the informed consent of the consumer, the consumer's | ||||||
10 | guardian, or other authorized representative. "Psychotropic | ||||||
11 | medication" means medication that is used for or listed as used | ||||||
12 | for antipsychotic, antidepressant, antimanic, or antianxiety | ||||||
13 | behavior modification or behavior management purposes in the | ||||||
14 | latest editions of the AMA Drug Evaluations or the Physician's | ||||||
15 | Desk Reference. The Department shall adopt, by rule, a protocol | ||||||
16 | specifying how informed consent for psychotropic medication | ||||||
17 | may be obtained or refused. The protocol shall require, at a | ||||||
18 | minimum, a discussion between (i) the consumer or the | ||||||
19 | consumer's authorized representative and (ii) the consumer's | ||||||
20 | physician, a registered pharmacist (who is not a dispensing | ||||||
21 | pharmacist for the facility where the consumer lives), or a | ||||||
22 | licensed nurse about the possible risks and benefits of a | ||||||
23 | recommended medication and the use of standardized consent | ||||||
24 | forms designated by the Department. Each form developed by the | ||||||
25 | Department (i) shall be written in plain language, (ii) shall | ||||||
26 | be able to be downloaded from the Department's official |
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1 | website, (iii) shall include information specific to the | ||||||
2 | psychotropic medication for which consent is being sought, and | ||||||
3 | (iv) shall be used for every consumer for whom psychotropic | ||||||
4 | drugs are prescribed. In addition to creating those forms, the | ||||||
5 | Department shall approve the use of any other informed consent | ||||||
6 | forms that meet criteria developed by the Department. | ||||||
7 | In addition to any other penalty prescribed by law, a | ||||||
8 | facility that is found to have violated this subsection, or the | ||||||
9 | federal certification requirement that informed consent be | ||||||
10 | obtained before administering a psychotropic medication, shall | ||||||
11 | thereafter be required to obtain the signatures of 2 licensed | ||||||
12 | health care professionals on every form purporting to give | ||||||
13 | informed consent for the administration of a psychotropic | ||||||
14 | medication, certifying the personal knowledge of each health | ||||||
15 | care professional that the consent was obtained in compliance | ||||||
16 | with the requirements of this subsection. | ||||||
17 | The requirements of this Section are intended to control in | ||||||
18 | a conflict with the requirements of Sections 2-102 and 2-107.2 | ||||||
19 | of the Mental Health and Developmental Disabilities Code with | ||||||
20 | respect to the administration of psychotropic medication. | ||||||
21 | (c) No drug shall be administered except upon the order of | ||||||
22 | a person lawfully authorized to prescribe for and treat mental | ||||||
23 | illness. | ||||||
24 | (d) All drug orders shall be written, dated, and signed by | ||||||
25 | the person authorized to give such an order. The name, | ||||||
26 | quantity, or specific duration of therapy, dosage, and time or |
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1 | frequency of administration of the drug and the route of | ||||||
2 | administration if other than oral shall be specific. | ||||||
3 | (e) Verbal orders for drugs and treatment shall be received | ||||||
4 | only by those authorized under Illinois law to do so from their | ||||||
5 | supervising physician. Such orders shall be recorded | ||||||
6 | immediately in the consumer's record by the person receiving | ||||||
7 | the order and shall include the date and time of the order.
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8 | (Source: P.A. 98-104, eff. 7-22-13.)".
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