Bill Text: IL SB2609 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-08-03 - Public Act . . . . . . . . . 100-0710 [SB2609 Detail]

Download: Illinois-2017-SB2609-Chaptered.html

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Public Act 100-0710
SB2609 Enrolled LRB100 16195 RLC 31316 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 2-107.1 as
follows:
(405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
Sec. 2-107.1. Administration of psychotropic medication
and electroconvulsive therapy upon application to a court.
(a) (Blank).
(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:
(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.
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

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
agent or attorney-in-fact, if any, and the guardian, if
any, no later than 3 days prior to the date of the hearing.
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.
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.

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.
(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
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
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
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

law as in that judicial proceeding.
(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).
(4) Psychotropic medication and electroconvulsive
therapy may be administered to the recipient if and only if
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.
(A) That the recipient has a serious mental illness
or developmental disability.
(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.
(C) That the illness or disability has existed for

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.
(D) That the benefits of the treatment outweigh the
harm.
(E) That the recipient lacks the capacity to make a
reasoned decision about the treatment.
(F) That other less restrictive services have been
explored and found inappropriate.
(G) If the petition seeks authorization for
testing and other procedures, that such testing and
procedures are essential for the safe and effective
administration of the treatment.
(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
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

accordance with the prior order pending the completion of a
hearing under this Section.
(6) An order issued under this subsection (a-5) shall
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
medications and range of dosages deemed necessary.
(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.
(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).
(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
recipient under Article XIa of the Probate Act of 1975.
(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

this Act.
(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.
(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.
(Source: P.A. 97-375, eff. 8-15-11; 98-756, eff. 7-16-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.