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| Public Act 100-0710
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| SB2609 Enrolled | LRB100 16195 RLC 31316 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 Section 2-107.1 as |
follows:
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(405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
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Sec. 2-107.1. Administration of psychotropic medication |
and electroconvulsive therapy
upon
application to a court. |
(a) (Blank).
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(a-5) Notwithstanding the provisions of Section 2-107 of |
this
Code, psychotropic medication and electroconvulsive |
therapy may be administered to an adult recipient of
services |
on an inpatient or outpatient basis without the informed |
consent of the recipient under the following
standards:
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(1) Any person 18 years of age or older, including any |
guardian, may
petition the circuit court for an order |
authorizing the administration of psychotropic medication |
and electroconvulsive therapy to a recipient
of services.
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The petition shall state that the petitioner has made a |
good faith attempt to
determine whether the recipient has |
executed a power of attorney for health
care under the |
Powers of Attorney for Health Care Law or a declaration for
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mental health treatment under the Mental Health Treatment |
Preference
Declaration Act and to obtain copies of these |
instruments if they exist. If
either of the above-named |
instruments is available to the petitioner, the
instrument |
or a copy of the instrument shall be attached to the |
petition as
an exhibit.
The petitioner shall deliver a copy |
of the petition, and notice of the time
and place of the |
hearing, to the respondent, his or her attorney, any known
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agent or
attorney-in-fact, if any, and the
guardian, if |
any, no later than 3 days prior to the date of the
hearing.
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Service of the petition and notice of the time and place of |
the hearing may
be made by transmitting them via facsimile |
machine to the
respondent or other party. Upon receipt of |
the petition and notice, the party
served, or the person |
delivering the petition and notice to
the party served, |
shall acknowledge service. If the party sending the |
petition
and notice does not receive acknowledgement of |
service
within 24 hours, service must be made by personal |
service.
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The
petition may include a request that the court |
authorize such testing and
procedures as may be essential |
for the safe and effective administration of the |
psychotropic medication or electroconvulsive therapy |
sought to be
administered, but only where the
petition
sets |
forth the specific testing and procedures sought to be |
administered.
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If a hearing is requested to be held immediately |
following the hearing on
a petition for
involuntary |
admission, then the notice requirement shall be the same as |
that
for the hearing on
the petition for involuntary |
admission, and the petition filed pursuant to this
Section |
shall be filed
with the petition for involuntary admission.
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(2) The court shall hold a hearing within 7 days of the |
filing
of the petition. The People, the petitioner, or the |
respondent shall be
entitled
to a continuance of up to 7 |
days as of right. An additional
continuance of not more |
than 7 days may be granted to
any party (i)
upon a showing |
that the continuance is needed in order
to adequately
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prepare for or present evidence in a hearing under this |
Section or
(ii) under exceptional circumstances. The court |
may
grant an additional continuance
not to exceed 21 days |
when, in its discretion, the court determines that such a
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continuance is necessary in order to provide the recipient |
with an examination
pursuant to Section 3-803 or 3-804 of |
this Act, to provide the recipient with a
trial by jury as |
provided in Section 3-802 of this Act, or to arrange for |
the
substitution of counsel as provided for by the Illinois |
Supreme Court Rules.
The hearing shall be
separate from a |
judicial proceeding held to determine whether a person is
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subject to involuntary admission but may be heard |
immediately preceding or
following such a judicial |
proceeding and may be heard by the same trier of fact
or |
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law as in that judicial proceeding.
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(3) Unless otherwise provided herein, the procedures |
set forth in
Article VIII of Chapter III of this Act, |
including the provisions regarding
appointment of counsel, |
shall govern hearings held under this subsection
(a-5).
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(4) Psychotropic medication and electroconvulsive |
therapy may be administered to the recipient if and only if
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it has been determined by clear and convincing evidence |
that all of
the following factors are present. In |
determining whether a person meets the criteria specified |
in the following
paragraphs (A) through (G), the court may |
consider evidence of the person's history of
serious |
violence, repeated past pattern of specific behavior, |
actions related to the person's
illness, or past outcomes |
of various treatment options.
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(A) That the recipient has a serious mental illness |
or
developmental disability.
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(B) That because of said mental illness or |
developmental disability,
the recipient currently |
exhibits any one of the following: (i)
deterioration of |
his
or her ability to function, as compared to the |
recipient's ability to
function prior to the current |
onset of symptoms of the mental illness or
disability |
for which treatment is presently sought, (ii) |
suffering, or (iii)
threatening
behavior.
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(C) That the illness or disability has existed for |
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a period marked by
the continuing presence of the |
symptoms set forth in item (B) of this
subdivision (4) |
or the repeated episodic occurrence of these symptoms.
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(D) That the benefits of the treatment
outweigh the |
harm.
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(E) That the recipient lacks the capacity to make a
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reasoned
decision about the treatment.
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(F) That other less restrictive services have been |
explored
and found inappropriate.
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(G) If the petition seeks authorization for |
testing and other
procedures,
that such testing and |
procedures are essential for the safe and effective
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administration of the treatment.
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(5) In no event shall an order issued under this |
Section be effective
for more than 90 days.
A second 90-day |
period of involuntary treatment may be authorized pursuant |
to
a hearing that
complies
with the standards and |
procedures of this subsection (a-5).
Thereafter, |
additional 180-day periods of involuntary treatment may be
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authorized pursuant to
the standards and procedures of this |
Section without limit.
If a new petition to authorize the |
administration of psychotropic medication or |
electroconvulsive therapy
is filed at least 15 days prior |
to the
expiration of the prior order, and if
any |
continuance of the hearing is agreed to by the recipient, |
the
administration of the treatment may continue in |
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accordance
with
the prior order
pending the completion of a |
hearing under this Section.
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(6) An order issued under this subsection (a-5) shall
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designate the persons
authorized to administer the |
treatment under the
standards
and procedures of this |
subsection (a-5).
Those persons shall have complete |
discretion not to administer any
treatment authorized |
under this Section.
The order shall also specify the |
medications and the anticipated range of
dosages that have |
been authorized and may include a list of any alternative
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medications and range of dosages deemed necessary.
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(a-10) The court may, in its discretion, appoint a guardian |
ad litem for a recipient before the court or authorize an |
existing guardian of the person to monitor treatment and |
compliance with court orders under this Section.
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(b) A guardian may be authorized to consent to the |
administration
of psychotropic medication or electroconvulsive |
therapy to an
objecting recipient only under the
standards and |
procedures of subsection (a-5).
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(c) Notwithstanding any other provision of this Section, a |
guardian may
consent to the administration of psychotropic |
medication or electroconvulsive therapy to a
non-objecting
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recipient under Article XIa of the Probate Act of 1975.
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(d) Nothing in this Section shall prevent the |
administration of psychotropic medication or electroconvulsive |
therapy to recipients
in an emergency under Section 2-107 of
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this Act.
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(e) Notwithstanding any of the provisions of this Section, |
psychotropic medication or electroconvulsive therapy may be |
administered pursuant to a power of attorney for
health care |
under the Powers of Attorney for Health Care Law or a |
declaration
for mental health treatment under the Mental Health |
Treatment Preference
Declaration Act over the objection of the |
recipient if the recipient has not revoked the power of |
attorney or declaration for mental health treatment as provided |
in the relevant statute.
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(f) The Department shall conduct annual trainings for |
physicians and registered nurses working in State-operated |
mental health facilities on the appropriate use of psychotropic |
medication and electroconvulsive therapy, standards for their |
use, and the preparation of court petitions under this Section.
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(Source: P.A. 97-375, eff. 8-15-11; 98-756, eff. 7-16-14.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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