Bill Text: IL HB5558 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Mental Health and Developmental Disabilities Code. Provides that every facility shall also post conspicuously in public areas contact information for the Guardianship and Advocacy Commission and the agency designated by the Governor under the Protection and Advocacy for Persons with Developmental Disabilities Act to administer a State plan to protect and advocate the rights of persons with developmental disabilities in accordance with the requirements of the federal Developmental Disabilities Assistance and Bill of Rights Act.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2018-08-17 - Public Act . . . . . . . . . 100-0915 [HB5558 Detail]

Download: Illinois-2017-HB5558-Chaptered.html



Public Act 100-0915
HB5558 EnrolledLRB100 19780 RLC 35055 b
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 2-200 as
follows:
(405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
Sec. 2-200. (a) Upon commencement of services, or as soon
thereafter as the condition of the recipient permits, every
adult recipient, as well as the recipient's guardian or
substitute decision maker, and every recipient who is 12 years
of age or older and the parent or guardian of a minor or person
under guardianship shall be informed orally and in writing of
the rights guaranteed by this Chapter which are relevant to the
nature of the recipient's services program. Every facility
shall also post conspicuously in public areas a summary of the
rights which are relevant to the services delivered by that
facility as well as contact information for the Guardianship
and Advocacy Commission and the agency designated by the
Governor under Section 1 of the Protection and Advocacy for
Persons with Developmental Disabilities Act.
(b) A recipient who is 12 years of age or older and the
parent or guardian of a minor or person under guardianship at
any time may designate, and upon commencement of services shall
be informed of the right to designate, a person or agency to
receive notice under Section 2-201 or to direct that no
information about the recipient be disclosed to any person or
agency.
(c) Upon commencement of services, or as soon thereafter as
the condition of the recipient permits, the facility shall ask
the adult recipient or minor recipient admitted pursuant to
Section 3-502 whether the recipient wants the facility to
contact the recipient's spouse, parents, guardian, close
relatives, friends, attorney, advocate from the Guardianship
and Advocacy Commission or the agency designated by the
Governor under Section 1 of the Protection and Advocacy for
Persons with Developmental Disabilities Act "An Act in relation
to the protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named",
approved September 20, 1985, or others and inform them of the
recipient's presence at the facility. The facility shall by
phone or by mail contact at least two of those people
designated by the recipient and shall inform them of the
recipient's location. If the recipient so requests, the
facility shall also inform them of how to contact the
recipient.
(d) Upon commencement of services, or as soon thereafter as
the condition of the recipient permits, the facility shall
advise the recipient as to the circumstances under which the
law permits the use of emergency forced medication or
electroconvulsive therapy under subsection (a) of Section
2-107, restraint under Section 2-108, or seclusion under
Section 2-109. At the same time, the facility shall inquire of
the recipient which form of intervention the recipient would
prefer if any of these circumstances should arise. The
recipient's preference shall be noted in the recipient's record
and communicated by the facility to the recipient's guardian or
substitute decision maker, if any, and any other individual
designated by the recipient. If any such circumstances
subsequently do arise, the facility shall give due
consideration to the preferences of the recipient regarding
which form of intervention to use as communicated to the
facility by the recipient or as stated in the recipient's
advance directive.
(Source: P.A. 95-172, eff. 8-14-07.)
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