405 ILCS 5/2-109
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. 2-109)Sec. 2-109. Seclusion. Seclusion may be used only as a therapeutic  measure to prevent a recipient from causing physical harm to himself or  physical abuse  to others. In no event shall seclusion be utilized  to punish or discipline  a recipient, nor is seclusion to be used as a convenience for the staff.(a) Seclusion shall be employed only upon the written order of a  physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or registered  nurse with supervisory responsibilities. No seclusion shall be ordered  unless the physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or  registered nurse with supervisory responsibilities, after personally  observing and examining the recipient, is clinically satisfied that the use  of seclusion is justified to prevent the recipient from causing physical  harm to himself or others.  In no event may seclusion continue for longer  than 2 hours unless within that time  period a nurse with supervisory responsibilities, advanced practice psychiatric nurse, or a physician confirms in  writing, following a personal examination of the recipient, that the  seclusion does not pose an undue risk to the recipient's health in light of  the recipient's physical or medical condition.  The order  shall state the events leading up to the need for seclusion and the  purposes for which seclusion is employed.  The order shall also  state the length of time seclusion is to be employed and the clinical  justification for the length of time.  No order for seclusion shall be  valid for more than 16 hours.  If further seclusion is required, a new  order must be issued pursuant to the requirements  provided in this Section.(b) The person who orders seclusion shall inform the facility  director or his designee in writing of the use of seclusion within 24  hours.(c) The facility director shall review all seclusion orders daily and  shall inquire into the reasons for the orders for seclusion by any  person who routinely orders them.(d) Seclusion may be employed during all or part of one 16 hour  period, that period commencing with the initial application of the  seclusion. However,  once seclusion has been employed during one 16 hour  period, it shall not be used again on the same recipient during the next  48 hours without the prior written authorization of the facility director.(e) The person who ordered the seclusion shall assign a qualified  person to observe the recipient at all times.  A recipient who is restrained and secluded shall be observed by a qualified  person as often as is clinically appropriate but in no event less than once  every 15 minutes.(f) Safety precautions shall be followed to prevent injuries to the  recipient in the seclusion room.  Seclusion rooms shall be adequately  lighted, heated, and furnished.  If a door is locked, someone with a key  shall be in constant attendance nearby.(g) Whenever seclusion is used, the recipient shall be advised of his  right, pursuant to Sections 2-200 and 2-201 of this Code, to have any  person of his choosing, including the Guardianship and Advocacy Commission  notified of the seclusion.  A person who is under guardianship may request  that any person of his choosing be notified of the seclusion whether or not  the guardian approves of the notice.  Whenever the Guardianship and  Advocacy Commission is notified that a recipient has been secluded, it shall  contact that recipient to determine the circumstances of the seclusion and  whether further action is warranted.  (Source: P.A. 101-587, eff. 1-1-20.)