405 ILCS 5/2-107
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. 2-107)Sec. 2-107. Refusal of services; informing of risks.(a) An adult recipient of services or the recipient's guardian,  if the recipient is under guardianship, and the recipient's substitute  decision maker, if any, must be informed of the recipient's right to  refuse medication or electroconvulsive therapy.  The recipient and the recipient's guardian or substitute  decision maker shall be given the opportunity to  refuse generally accepted mental health or developmental disability services,  including but not limited to medication or electroconvulsive therapy.  If such services are refused, they  shall not be given unless such services are necessary to prevent the recipient  from causing serious and imminent physical harm to the recipient or others and  no less restrictive alternative is available.  The facility director shall inform a recipient, guardian, or  substitute decision maker, if any, who refuses such  services of alternate services available and the risks of such alternate  services, as well as the possible consequences to the recipient of refusal of  such services.(b) Psychotropic medication or electroconvulsive therapy may be administered    under this Section for  up to 24 hours only if the circumstances leading up to the need for emergency  treatment are set forth in writing in the recipient's record.(c) Administration of medication or electroconvulsive therapy may not be continued unless the need  for such treatment is redetermined at least every 24 hours based upon a  personal examination of the recipient by a physician or a nurse under the  supervision of a physician and the circumstances demonstrating that need are  set forth in writing in the recipient's record.(d) Neither psychotropic medication nor electroconvulsive therapy may be administered under this  Section for a period in excess of 72 hours, excluding Saturdays, Sundays, and  holidays, unless a petition is filed  under Section 2-107.1 and the treatment  continues to be necessary under subsection (a) of this Section. Once the  petition has been filed, treatment may continue in compliance with subsections  (a), (b), and (c) of this Section until the final outcome of the hearing on the  petition.(e) The Department shall issue rules designed to insure that in  State-operated mental health facilities psychotropic medication and electroconvulsive therapy are    administered in accordance with this Section and only when appropriately  authorized and monitored by a physician or a nurse under the supervision  of a physician  in accordance with accepted medical practice.  The facility director of each  mental health facility not operated by the State shall issue rules designed to  insure that in that facility psychotropic medication and electroconvulsive therapy are administered  in  accordance with this Section and only when appropriately authorized and  monitored by a physician or a nurse under the supervision of a  physician in accordance with accepted medical practice.  Such rules shall be  available for public inspection and copying during normal business hours.(f) The provisions of this Section with respect to the emergency  administration of psychotropic medication and electroconvulsive therapy do not apply to facilities  licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.(g) Under no circumstances may long-acting psychotropic medications be  administered under this Section.(h) Whenever psychotropic medication or electroconvulsive therapy is refused pursuant to subsection (a) of this Section at least once that day, the physician shall determine and state in writing the reasons why the recipient did not meet the criteria for administration of medication or electroconvulsive therapy under subsection (a) and whether the recipient meets the  standard for administration of psychotropic  medication or electroconvulsive therapy under Section 2-107.1 of this Code. If the physician determines that the recipient meets the standard for administration of psychotropic medication or electroconvulsive therapy    under Section 2-107.1, the facility director or his or her designee shall petition the court for administration of psychotropic medication or electroconvulsive therapy pursuant to that Section unless the facility director or his or her designee states in writing in the recipient's record why the filing of such a petition is not warranted. This subsection (h) applies only to State-operated mental health facilities.(i) The Department shall conduct annual trainings for all physicians and registered nurses working in State-operated mental health facilities on the appropriate use of emergency administration of psychotropic medication and electroconvulsive therapy, standards for their use, and the methods of authorization under this Section.  (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)