405 ILCS 5/2-102
2021 Illinois Compiled Statutes|Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES|405 ILCS 5/ - Mental Health and Developmental Disabilities Code.|Chapter II - Rights Of Recipients Of Mental Health And Developmental Disabilities Services

 (from Ch. 91 1/2, par. 2-102)Sec. 2-102. (a) A recipient of services shall be provided with adequate  and humane care and services in the least restrictive environment, pursuant  to an individual services plan.  The Plan shall be formulated  and periodically  reviewed with the participation of the recipient to the extent feasible  and the recipient's  guardian, the recipient's substitute decision maker, if any, or any other  individual  designated in writing by the recipient.  The facility shall advise the  recipient of  his or her right to designate a family member or other individual to  participate in the formulation and review of the treatment plan.  In  determining whether care and services are being provided in the least  restrictive environment, the facility shall consider the views of the  recipient, if any, concerning the treatment being provided.  The recipient's  preferences regarding emergency interventions under  subsection (d) of Section 2-200 shall be noted in the recipient's treatment  plan.(a-5) If  the services include the administration of electroconvulsive therapy or psychotropic medication,  the  physician or the physician's designee shall advise the recipient, in  writing, of the side effects,  risks, and benefits of  the treatment, as well as alternatives to the proposed treatment, to the  extent such advice is consistent with the recipient's ability to understand the  information communicated.  The physician shall determine and state in writing whether the  recipient has the capacity to make a reasoned decision about the treatment.  The physician or the physician's designee shall provide to the recipient's  substitute decision maker, if any, the same written information that is  required to be presented to the recipient in writing.  If  the recipient lacks the capacity to make a reasoned decision about the  treatment, the treatment may be administered only (i) pursuant to the  provisions  of Section 2-107 or 2-107.1 or (ii) 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.  A surrogate decision maker, other than a court appointed guardian, under the  Health Care Surrogate Act  may not consent to the administration of electroconvulsive therapy or psychotropic medication.  A surrogate may, however, petition for administration of such                treatment pursuant to this Act.   If the recipient is under guardianship and the guardian is  authorized  to consent to the administration of electroconvulsive therapy or psychotropic medication pursuant  to subsection (c) of Section  2-107.1 of this Code,  the  physician shall advise the guardian in writing of the side effects and risks of  the treatment, alternatives to the proposed treatment, and the risks and  benefits of the treatment.  A qualified professional shall be responsible for overseeing  the implementation of such plan. Such care and treatment shall  make reasonable accommodation of any physical disability of the recipient,  including but not limited to  the regular use of sign language for any hearing impaired individual for  whom sign language is a primary mode of communication.  If the recipient is unable to communicate effectively in English, the  facility shall make reasonable efforts to provide services to the  recipient in a language that the recipient understands.(b) A recipient of services who is an adherent or a member of any  well-recognized religious denomination, the principles and tenets of which  teach reliance upon services by spiritual means through prayer alone for  healing by a duly accredited practitioner thereof, shall have the right to  choose such services. The parent or guardian of a recipient of services who  is a minor, or a guardian of a recipient of services who is not a minor,  shall have the right to choose services by spiritual means through prayer  for the recipient of services.       (Source: P.A. 95-172, eff. 8-14-07.)