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1 AN ACT concerning health.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Mental Health and Developmental 
5Disabilities Code is amended by changing Section 2-107.1 as 
6follows:




7 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)



8 Sec. 2-107.1. Administration of psychotropic medication 
9and electroconvulsive therapy
upon
application to a court.
10 (a) (Blank).

11 (a-5) Notwithstanding the provisions of Section 2-107 of 
12this
Code, psychotropic medication and electroconvulsive 
13therapy may be administered to an adult recipient of
services 
14on an inpatient or outpatient basis without the informed 
15consent of the recipient under the following
standards:


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.

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

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.

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.


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.


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

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

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

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.


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).


6  (4) Psychotropic medication and electroconvulsive 
7 therapy may be administered to the recipient if and only if

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.


16   (A) That the recipient has a serious mental illness 
17 or
developmental disability.


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.


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.


4   (D) That the benefits of the treatment
outweigh the 
5 harm.


6   (E) That the recipient lacks the capacity to make a

7 reasoned
decision about the treatment.


8   (F) That other less restrictive services have been 
9 explored
and found inappropriate.


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

13 administration of the treatment.


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

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.


3  (6) An order issued under this subsection (a-5) shall

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

11 medications and range of dosages deemed necessary.

12 (a-10) The court may, in its discretion, appoint a guardian 
13ad litem for a recipient before the court or authorize an 
14existing guardian of the person to monitor treatment and 
15compliance with court orders under this Section.

16 (b) A guardian may be authorized to consent to the 
17administration
of psychotropic medication or electroconvulsive 
18therapy to an
objecting recipient only under the
standards and 
19procedures of subsection (a-5).

20 (c) Notwithstanding any other provision of this Section, a 
21guardian may
consent to the administration of psychotropic 
22medication or electroconvulsive therapy to a
non-objecting

23recipient under Article XIa of the Probate Act of 1975.

24 (d) Nothing in this Section shall prevent the 
25administration of psychotropic medication or electroconvulsive 
26therapy to recipients
in an emergency under Section 2-107 of

 
 
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1this Act.

2 (e) Notwithstanding any of the provisions of this Section, 
3psychotropic medication or electroconvulsive therapy may be 
4administered pursuant to a power of attorney for
health care 
5under the Powers of Attorney for Health Care Law or a 
6declaration
for mental health treatment under the Mental Health 
7Treatment Preference
Declaration Act over the objection of the 
8recipient if the recipient has not revoked the power of 
9attorney or declaration for mental health treatment as provided 
10in the relevant statute.

11 (f) The Department shall conduct annual trainings for 
12physicians and registered nurses working in State-operated 
13mental health facilities on the appropriate use of psychotropic 
14medication and electroconvulsive therapy, standards for their 
15use, and the preparation of court petitions under this Section.

16(Source: P.A. 97-375, eff. 8-15-11; 98-756, eff. 7-16-14.)



17 Section 99. Effective date. This Act takes effect upon 
18becoming law.