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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2609 Introduced 2/7/2018, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
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405 ILCS 5/2-107.1 | from Ch. 91 1/2, par. 2-107.1 |
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Amends the Mental Health and Developmental Disabilities Code. Provides that notwithstanding any of the provisions of the Code concerning the administration of psychotropic medication and electroconvulsive therapy, 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. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning health.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Mental Health and Developmental |
| 5 | | Disabilities Code is amended by changing Section 2-107.1 as |
| 6 | | follows:
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| 7 | | (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
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| 8 | | Sec. 2-107.1. Administration of psychotropic medication |
| 9 | | and electroconvulsive therapy
upon
application to a court. |
| 10 | | (a) (Blank).
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| 11 | | (a-5) Notwithstanding the provisions of Section 2-107 of |
| 12 | | this
Code, psychotropic medication and electroconvulsive |
| 13 | | therapy may be administered to an adult recipient of
services |
| 14 | | on an inpatient or outpatient basis without the informed |
| 15 | | consent of the recipient under the following
standards:
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| 16 | | (1) Any person 18 years of age or older, including any |
| 17 | | guardian, may
petition the circuit court for an order |
| 18 | | authorizing the administration of psychotropic medication |
| 19 | | and electroconvulsive therapy to a recipient
of services.
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| 20 | | The petition shall state that the petitioner has made a |
| 21 | | good faith attempt to
determine whether the recipient has |
| 22 | | executed a power of attorney for health
care under the |
| 23 | | Powers of Attorney for Health Care Law or a declaration for
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| 1 | | mental health treatment under the Mental Health Treatment |
| 2 | | Preference
Declaration Act and to obtain copies of these |
| 3 | | instruments if they exist. If
either of the above-named |
| 4 | | instruments is available to the petitioner, the
instrument |
| 5 | | or a copy of the instrument shall be attached to the |
| 6 | | petition as
an exhibit.
The petitioner shall deliver a copy |
| 7 | | of the petition, and notice of the time
and place of the |
| 8 | | hearing, to the respondent, his or her attorney, any known
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| 9 | | agent or
attorney-in-fact, if any, and the
guardian, if |
| 10 | | any, no later than 3 days prior to the date of the
hearing.
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| 11 | | Service of the petition and notice of the time and place of |
| 12 | | the hearing may
be made by transmitting them via facsimile |
| 13 | | machine to the
respondent or other party. Upon receipt of |
| 14 | | the petition and notice, the party
served, or the person |
| 15 | | delivering the petition and notice to
the party served, |
| 16 | | shall acknowledge service. If the party sending the |
| 17 | | petition
and notice does not receive acknowledgement of |
| 18 | | service
within 24 hours, service must be made by personal |
| 19 | | service.
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| 20 | | The
petition may include a request that the court |
| 21 | | authorize such testing and
procedures as may be essential |
| 22 | | for the safe and effective administration of the |
| 23 | | psychotropic medication or electroconvulsive therapy |
| 24 | | sought to be
administered, but only where the
petition
sets |
| 25 | | forth the specific testing and procedures sought to be |
| 26 | | administered.
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| 1 | | If a hearing is requested to be held immediately |
| 2 | | following the hearing on
a petition for
involuntary |
| 3 | | admission, then the notice requirement shall be the same as |
| 4 | | that
for the hearing on
the petition for involuntary |
| 5 | | admission, and the petition filed pursuant to this
Section |
| 6 | | shall be filed
with the petition for involuntary admission.
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| 7 | | (2) The court shall hold a hearing within 7 days of the |
| 8 | | filing
of the petition. The People, the petitioner, or the |
| 9 | | respondent shall be
entitled
to a continuance of up to 7 |
| 10 | | days as of right. An additional
continuance of not more |
| 11 | | than 7 days may be granted to
any party (i)
upon a showing |
| 12 | | that the continuance is needed in order
to adequately
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| 13 | | prepare for or present evidence in a hearing under this |
| 14 | | Section or
(ii) under exceptional circumstances. The court |
| 15 | | may
grant an additional continuance
not to exceed 21 days |
| 16 | | when, in its discretion, the court determines that such a
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| 17 | | continuance is necessary in order to provide the recipient |
| 18 | | with an examination
pursuant to Section 3-803 or 3-804 of |
| 19 | | this Act, to provide the recipient with a
trial by jury as |
| 20 | | provided in Section 3-802 of this Act, or to arrange for |
| 21 | | the
substitution of counsel as provided for by the Illinois |
| 22 | | Supreme Court Rules.
The hearing shall be
separate from a |
| 23 | | judicial proceeding held to determine whether a person is
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| 24 | | subject to involuntary admission but may be heard |
| 25 | | immediately preceding or
following such a judicial |
| 26 | | proceeding and may be heard by the same trier of fact
or |
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| 1 | | law as in that judicial proceeding.
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| 2 | | (3) Unless otherwise provided herein, the procedures |
| 3 | | set forth in
Article VIII of Chapter III of this Act, |
| 4 | | including the provisions regarding
appointment of counsel, |
| 5 | | shall govern hearings held under this subsection
(a-5).
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| 6 | | (4) Psychotropic medication and electroconvulsive |
| 7 | | therapy may be administered to the recipient if and only if
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| 8 | | it has been determined by clear and convincing evidence |
| 9 | | that all of
the following factors are present. In |
| 10 | | determining whether a person meets the criteria specified |
| 11 | | in the following
paragraphs (A) through (G), the court may |
| 12 | | consider evidence of the person's history of
serious |
| 13 | | violence, repeated past pattern of specific behavior, |
| 14 | | actions related to the person's
illness, or past outcomes |
| 15 | | of various treatment options.
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| 16 | | (A) That the recipient has a serious mental illness |
| 17 | | or
developmental disability.
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| 18 | | (B) That because of said mental illness or |
| 19 | | developmental disability,
the recipient currently |
| 20 | | exhibits any one of the following: (i)
deterioration of |
| 21 | | his
or her ability to function, as compared to the |
| 22 | | recipient's ability to
function prior to the current |
| 23 | | onset of symptoms of the mental illness or
disability |
| 24 | | for which treatment is presently sought, (ii) |
| 25 | | suffering, or (iii)
threatening
behavior.
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| 26 | | (C) That the illness or disability has existed for |
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| 1 | | a period marked by
the continuing presence of the |
| 2 | | symptoms set forth in item (B) of this
subdivision (4) |
| 3 | | or the repeated episodic occurrence of these symptoms.
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| 4 | | (D) That the benefits of the treatment
outweigh the |
| 5 | | harm.
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| 6 | | (E) That the recipient lacks the capacity to make a
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| 7 | | reasoned
decision about the treatment.
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| 8 | | (F) That other less restrictive services have been |
| 9 | | explored
and found inappropriate.
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| 10 | | (G) If the petition seeks authorization for |
| 11 | | testing and other
procedures,
that such testing and |
| 12 | | procedures are essential for the safe and effective
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| 13 | | administration of the treatment.
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| 14 | | (5) In no event shall an order issued under this |
| 15 | | Section be effective
for more than 90 days.
A second 90-day |
| 16 | | period of involuntary treatment may be authorized pursuant |
| 17 | | to
a hearing that
complies
with the standards and |
| 18 | | procedures of this subsection (a-5).
Thereafter, |
| 19 | | additional 180-day periods of involuntary treatment may be
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| 20 | | authorized pursuant to
the standards and procedures of this |
| 21 | | Section without limit.
If a new petition to authorize the |
| 22 | | administration of psychotropic medication or |
| 23 | | electroconvulsive therapy
is filed at least 15 days prior |
| 24 | | to the
expiration of the prior order, and if
any |
| 25 | | continuance of the hearing is agreed to by the recipient, |
| 26 | | the
administration of the treatment may continue in |
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| 1 | | accordance
with
the prior order
pending the completion of a |
| 2 | | hearing under this Section.
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| 3 | | (6) An order issued under this subsection (a-5) shall
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| 4 | | designate the persons
authorized to administer the |
| 5 | | treatment under the
standards
and procedures of this |
| 6 | | subsection (a-5).
Those persons shall have complete |
| 7 | | discretion not to administer any
treatment authorized |
| 8 | | under this Section.
The order shall also specify the |
| 9 | | medications and the anticipated range of
dosages that have |
| 10 | | been authorized and may include a list of any alternative
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| 11 | | medications and range of dosages deemed necessary.
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| 12 | | (a-10) The court may, in its discretion, appoint a guardian |
| 13 | | ad litem for a recipient before the court or authorize an |
| 14 | | existing guardian of the person to monitor treatment and |
| 15 | | compliance with court orders under this Section.
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| 16 | | (b) A guardian may be authorized to consent to the |
| 17 | | administration
of psychotropic medication or electroconvulsive |
| 18 | | therapy to an
objecting recipient only under the
standards and |
| 19 | | procedures of subsection (a-5).
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| 20 | | (c) Notwithstanding any other provision of this Section, a |
| 21 | | guardian may
consent to the administration of psychotropic |
| 22 | | medication or electroconvulsive therapy to a
non-objecting
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| 23 | | recipient under Article XIa of the Probate Act of 1975.
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| 24 | | (d) Nothing in this Section shall prevent the |
| 25 | | administration of psychotropic medication or electroconvulsive |
| 26 | | therapy to recipients
in an emergency under Section 2-107 of
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| 1 | | this Act.
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| 2 | | (e) Notwithstanding any of the provisions of this Section, |
| 3 | | psychotropic medication or electroconvulsive therapy may be |
| 4 | | administered pursuant to a power of attorney for
health care |
| 5 | | under the Powers of Attorney for Health Care Law or a |
| 6 | | declaration
for mental health treatment under the Mental Health |
| 7 | | Treatment Preference
Declaration Act over the objection of the |
| 8 | | recipient if the recipient has not revoked the power of |
| 9 | | attorney or declaration for mental health treatment as provided |
| 10 | | in the relevant statute.
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| 11 | | (f) The Department shall conduct annual trainings for |
| 12 | | physicians and registered nurses working in State-operated |
| 13 | | mental health facilities on the appropriate use of psychotropic |
| 14 | | medication and electroconvulsive therapy, standards for their |
| 15 | | use, and the preparation of court petitions under this Section.
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| 16 | | (Source: P.A. 97-375, eff. 8-15-11; 98-756, eff. 7-16-14.)
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| 17 | | Section 99. Effective date. This Act takes effect upon |
| 18 | | becoming law.
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