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| Public Act 098-0137
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| HB1005 Enrolled | LRB098 05627 RLC 35665 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental |
Disabilities Code is amended by changing Sections 2-108 and |
2-109 as follows:
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(405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)
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Sec. 2-108. Use of restraint. Restraint may be used only as |
a therapeutic
measure to prevent a recipient from causing |
physical harm to himself or
physical abuse to others. Restraint |
may only be applied by a person who has
been trained in the |
application of the particular type of restraint to be
utilized. |
In no event shall restraint be utilized to punish or discipline |
a
recipient, nor is restraint to be used as a convenience for |
the staff.
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(a) Except as provided in this Section, restraint shall be |
employed only
upon the written order of a physician, clinical |
psychologist, clinical social
worker, clinical professional |
counselor, or registered nurse with supervisory |
responsibilities. No restraint
shall be ordered unless the |
physician, clinical psychologist, clinical social
worker, |
clinical professional counselor, or registered nurse with |
supervisory responsibilities, after personally
observing and |
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examining the recipient, is clinically satisfied that the use |
of
restraint is justified to prevent the recipient from causing |
physical harm to
himself or others. In no event may restraint |
continue for longer than 2 hours
unless within that time period |
a nurse with supervisory responsibilities or a
physician |
confirms, in writing, following a personal examination of the
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recipient, that the restraint does not pose an undue risk to |
the recipient's
health in light of the recipient's physical or |
medical condition. The order
shall state the events leading up |
to the need for restraint and the purposes
for which restraint |
is employed. The order shall also state the length of time
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restraint is to be employed and the clinical justification for |
that length of
time. No order for restraint shall be valid for |
more than 16 hours. If
further restraint is required, a new |
order must be issued pursuant to the
requirements provided in |
this Section.
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(b) In the event there is an emergency requiring the |
immediate use
of restraint, it may be ordered temporarily by a |
qualified person only
where a physician, clinical |
psychologist, clinical social worker, clinical professional |
counselor, or
registered nurse with supervisory |
responsibilities is not immediately
available. In that event, |
an order by a nurse, clinical psychologist, clinical
social |
worker, clinical professional counselor, or physician shall be |
obtained pursuant to the requirements of
this Section as |
quickly as possible, and the recipient shall be examined by a
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physician or supervisory nurse within 2 hours after the initial |
employment of
the emergency restraint. Whoever orders |
restraint in emergency situations shall
document its necessity |
and place that documentation in the recipient's record.
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(c) The person who orders restraint shall inform the |
facility director or
his designee in writing of the use of |
restraint within 24 hours.
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(d) The facility director shall review all restraint orders |
daily and shall
inquire into the reasons for the orders for |
restraint by any person who
routinely orders them.
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(e) Restraint may be employed during all or part of one 24 |
hour
period, the period commencing with the initial application |
of the
restraint. However, once restraint has been employed |
during one 24 hour
period, it shall not be used again on the |
same recipient during the next
48 hours without the prior |
written authorization of the facility director.
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(f) Restraint shall be employed in a humane and therapeutic |
manner and
the person being restrained shall be observed by a |
qualified person as often
as is clinically appropriate but in |
no event less than once every 15 minutes.
The qualified person |
shall maintain a record of the observations.
Specifically, |
unless there is an immediate danger that the recipient
will |
physically harm himself or others, restraint shall be loosely
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applied to permit freedom of movement. Further, the recipient |
shall be
permitted to have regular meals and toilet privileges |
free from the
restraint, except when freedom of action may |
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result in physical harm to
the recipient or others.
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(g) Every facility that employs restraint shall provide |
training in the
safe and humane application of each type of |
restraint employed.
The facility shall not authorize the use of |
any type of restraint by an
employee who has not received |
training in the safe and humane application
of that type of |
restraint. Each facility in which restraint is used shall
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maintain records detailing which employees have been trained |
and are
authorized to apply restraint, the date of the training |
and the type of
restraint that the employee was trained to use.
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(h) Whenever restraint is imposed upon any recipient whose |
primary mode
of communication is sign language, the recipient |
shall be permitted to have
his hands free from restraint for |
brief periods each hour, except
when freedom may result in |
physical harm to the recipient or others.
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(i) A recipient who is restrained may only be secluded at |
the same time
pursuant to an explicit written authorization as |
provided in Section 2-109
of this Code. Whenever a recipient is |
restrained, a member of the facility
staff shall remain with |
the recipient at all times unless the recipient has
been |
secluded. A recipient who is restrained and secluded shall be
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observed by a qualified person as often as is clinically |
appropriate but in
no event less than every 15 minutes.
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(j) Whenever restraint is used, the recipient shall be |
advised of his
right, pursuant to Sections 2-200 and 2-201 of |
this Code, to have any
person of his choosing, including the |
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Guardianship and Advocacy Commission
or the agency designated |
pursuant to the Protection and Advocacy for
Developmentally |
Disabled Persons Act notified of the restraint. A recipient
who |
is under guardianship may request that any person of his |
choosing be
notified of the restraint whether or not the |
guardian approves of the notice.
Whenever the Guardianship and |
Advocacy Commission is notified that a recipient
has been |
restrained, it shall contact that recipient to determine the
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circumstances of the restraint and whether further action is |
warranted.
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(Source: P.A. 92-651, eff. 7-11-02.)
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(405 ILCS 5/2-109) (from Ch. 91 1/2, par. 2-109)
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Sec. 2-109. Seclusion. Seclusion may be used only as a |
therapeutic
measure to prevent a recipient from causing |
physical harm to himself or
physical abuse
to others. In no |
event shall seclusion be utilized to punish or discipline
a |
recipient, nor is seclusion to be used as a convenience for the |
staff.
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(a) Seclusion shall be employed only upon the written order |
of a
physician, clinical psychologist, clinical social worker, |
clinical professional counselor, or registered
nurse with |
supervisory responsibilities. No seclusion shall be ordered
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unless the physician, clinical psychologist, clinical social |
worker, clinical professional counselor, or
registered nurse |
with supervisory responsibilities, after personally
observing |
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and examining the recipient, is clinically satisfied that the |
use
of seclusion is justified to prevent the recipient from |
causing physical
harm to himself or others. In no event may |
seclusion continue for longer
than 2 hours unless within that |
time
period a nurse with supervisory responsibilities or a |
physician confirms in
writing, following a personal |
examination of the recipient, that the
seclusion does not pose |
an undue risk to the recipient's health in light of
the |
recipient's physical or medical condition. The order
shall |
state the events leading up to the need for seclusion and the
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purposes for which seclusion is employed. The order shall also
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state the length of time seclusion is to be employed and the |
clinical
justification for the length of time. No order for |
seclusion shall be
valid for more than 16 hours. If further |
seclusion is required, a new
order must be issued pursuant to |
the requirements
provided in this Section.
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(b) The person who orders seclusion shall inform the |
facility
director or his designee in writing of the use of |
seclusion within 24
hours.
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(c) The facility director shall review all seclusion orders |
daily and
shall inquire into the reasons for the orders for |
seclusion by any
person who routinely orders them.
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(d) Seclusion may be employed during all or part of one 16 |
hour
period, that period commencing with the initial |
application of the
seclusion. However, once seclusion has been |
employed during one 16 hour
period, it shall not be used again |
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on the same recipient during the next
48 hours without the |
prior written authorization of the facility director.
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(e) The person who ordered the seclusion shall assign a |
qualified
person to observe the recipient at all times.
A |
recipient who is restrained and secluded shall be observed by a |
qualified
person as often as is clinically appropriate but in |
no event less than once
every 15 minutes.
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(f) Safety precautions shall be followed to prevent |
injuries to the
recipient in the seclusion room. Seclusion |
rooms shall be adequately
lighted, heated, and furnished. If a |
door is locked, someone with a key
shall be in constant |
attendance nearby.
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(g) Whenever seclusion is used, the recipient shall be |
advised of his
right, pursuant to Sections 2-200 and 2-201 of |
this Code, to have any
person of his choosing, including the |
Guardianship and Advocacy Commission
notified of the |
seclusion. A person who is under guardianship may request
that |
any person of his choosing be notified of the seclusion whether |
or not
the guardian approves of the notice. Whenever the |
Guardianship and
Advocacy Commission is notified that a |
recipient has been secluded, it shall
contact that recipient to |
determine the circumstances of the seclusion and
whether |
further action is warranted.
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(Source: P.A. 86-1013; 86-1402; 87-124; 87-530; 87-895.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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