2023 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

(405 ILCS 5/Ch. II heading)
CHAPTER II
RIGHTS OF RECIPIENTS OF MENTAL HEALTH
AND DEVELOPMENTAL DISABILITIES SERVICES
(405 ILCS 5/Ch. II Art. I heading)
ARTICLE I.  
		RIGHTS
(405 ILCS 5/2-100) (from Ch. 91 1/2, par. 2-100)
Sec. 2-100. 
		
		(a) No recipient of services shall be deprived of any
rights, benefits, or privileges guaranteed by law, the Constitution of the
State of Illinois, or the Constitution of the United States solely on
account of the receipt of such services.
(b) A person with a known or suspected mental illness or developmental
disability shall not be denied mental health or developmental services
because of age, sex, race, religious belief, ethnic origin, marital status,
physical or mental disability or criminal record unrelated to present
dangerousness.
(Source: P.A. 86-1416.)
(405 ILCS 5/2-101) (from Ch. 91 1/2, par. 2-101)
Sec. 2-101. 
No recipient of services shall be presumed to be a person under a legal disability,
nor shall such person be held to be a person under a legal disability except as determined by a
court. Such determination shall be separate from a judicial proceeding held
to determine whether a person is subject to involuntary admission or meets
the standard for judicial admission.
(Source: P.A. 99-143, eff. 7-27-15.)
(405 ILCS 5/2-101.1)
Sec. 2-101.1. Counseling  services; consent; costs.
(a) Any adult under guardianship may request and receive counseling services or psychotherapy. The consent of the guardian shall not be necessary to authorize counseling or psychotherapy. The adult's guardian shall not be informed, without the consent of the adult, of such counseling or psychotherapy unless the counselor or therapist believes such disclosure is necessary. If the counselor or therapist intends to disclose the fact of counseling or psychotherapy, the adult shall be so informed. However, until the consent of the adult's guardian has been obtained, counseling or psychotherapy provided to an adult under guardianship shall be limited to not more than 12 sessions, a session lasting not more than 60 minutes.
(b) The adult's guardian shall not be liable for the costs of counseling or psychotherapy which is received by the adult without the consent of the adult's guardian.
(Source: P.A. 101-59, eff. 7-12-19.)
(405 ILCS 5/2-102) (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.)
(405 ILCS 5/2-103) (from Ch. 91 1/2, par. 2-103)
Sec. 2-103. 
Except as provided in this Section, a recipient who resides
in a mental health or developmental disabilities facility shall be
permitted unimpeded, private, and uncensored communication with persons of
his choice by mail, telephone and visitation.
(a) The facility director shall ensure that correspondence can be
conveniently received and mailed, that telephones are reasonably
accessible, and that space for visits is available.  Writing materials,
postage and telephone usage funds shall be provided in reasonable amounts
to recipients who reside in Department facilities and who are unable to
procure such items.
(b) Reasonable times and places for the use of telephones and for visits
may be established in writing by the facility director.
(c) Unimpeded, private and uncensored communication by mail, telephone,
and visitation may be reasonably restricted by the facility director only
in order to protect the recipient or others from harm, harassment or
intimidation, provided that notice of such restriction shall be given to
all recipients upon admission.  When communications are restricted, the
facility shall advise the recipient that he has the right to require the
facility to notify the affected parties of the restriction, and to notify
such affected party when the restrictions are no longer in effect.
However, all letters addressed by a recipient to the Governor, members of
the General Assembly, Attorney General, judges, state's attorneys,
Guardianship and Advocacy Commission, or the Agency designated pursuant to
"An Act in relation to the protection and advocacy of the rights of persons
with developmental disabilities, and amending Acts therein named", approved
September 20, 1985, officers of the Department, or licensed attorneys at
law must be forwarded at once to the persons to whom they are addressed
without examination by the facility authorities.  Letters in reply from the
officials and attorneys mentioned above must be delivered to the recipient
without examination by the facility authorities.
(d) No facility shall prevent any attorney who represents a recipient
or who has been requested to do so by any relative or family member of the
recipient, from visiting a recipient during normal business hours, unless
that recipient refuses to meet with the attorney.
(e)  Whenever, as the result of the closing or the reduction in the number of units or available beds of any mental health facility operated by the Department of Human Services, the State determines to enter into a contract with any mental health facility to provide hospitalization to persons who would otherwise be served by the State-operated mental health facility, the resident shall be entitled to the same rights under this Section.
(Source: P.A. 97-1007, eff. 8-17-12.)
(405 ILCS 5/2-104) (from Ch. 91 1/2, par. 2-104)
Sec. 2-104. 
		
		Every recipient who resides in a mental health or developmental
disabilities facility shall be permitted to receive, possess and use personal
property and shall be provided with a reasonable amount of storage space
therefor, except in the circumstances and under the conditions provided in this Section.
(a) Possession and use of certain classes of property may be restricted
by the facility director when necessary to protect the recipient or others
from harm, provided that notice of such restriction shall be given to all recipients
upon admission.
(b) The professional responsible for overseeing the implementation of
a recipient's services plan may, with the approval of the facility director,
restrict the right to property when necessary to protect such recipient
or others from harm.
(c) When a recipient is discharged from the mental health or developmental
disabilities facility, all of his lawful personal property which is in the
custody of the facility shall be returned to him.
(Source: P.A. 80-1414.)
(405 ILCS 5/2-105) (from Ch. 91 1/2, par. 2-105)
Sec. 2-105. 
		
		A recipient of services may use his money as he chooses,
unless he is a minor or prohibited from doing so under a court guardianship
order.  A recipient may deposit or cause to be deposited money in his name
with a service provider or financial institution with the approval of the
provider or financial institution.  Money deposited with a service provider
shall not be retained by the service provider.  Any earnings attributable
to a recipient's money shall accrue to him.
Except where a recipient has given informed consent, no service provider
nor any of its employees shall be made representative payee for his social
security, pension, annuity, trust fund, or any other form of direct payment
or assistance.
When a recipient is discharged from a service provider, all of his money,
including earnings, shall be returned to him.
(Source: P.A. 80-1414.)
(405 ILCS 5/2-106) (from Ch. 91 1/2, par. 2-106)
Sec. 2-106. 
		
		A recipient of services may perform labor to which he consents
for a service provider, if the professional responsible for overseeing the
implementation of the services plan for such recipient determines that such
labor would be consistent with such plan.  A recipient who performs labor
which is of any consequential economic benefit to a service provider shall
receive wages which are commensurate with the value of the work performed,
in accordance with applicable federal and state laws and regulations.  A
recipient may be required to perform tasks of a personal housekeeping nature
without compensation.
Wages earned by a recipient of services shall be considered money which
he is entitled to receive pursuant to Section 2-105, and such wages shall
be paid by the service provider not less than once a month.
(Source: P.A. 80-1414.)
(405 ILCS 5/2-107) (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.)
(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. 100-710, eff. 8-3-18.)
(405 ILCS 5/2-107.2) (from Ch. 91 1/2, par. 2-107.2)
Sec. 2-107.2. Review; notice.
(a) Whenever any recipient, who is receiving treatment in a
residential mental health facility, has been receiving psychotropic medication or electroconvulsive therapy in that facility continuously or on a regular basis for a
period of 3 months, and, if the treatment is continued while
the recipient
is a resident in that facility, every 6 months
thereafter, for so long as the treatment shall continue, the
facility
director shall convene a treatment review panel to review the treatment.
(b) At least 7 days prior to the date of the meeting, the recipient, his
or her guardian, if any, and the person designated under subsection (b) of
Section 2-200 shall be given written notification of the time and place of the
treatment review meeting.  The notice shall also advise the recipient of his or
her right to designate some person to attend the meeting and assist the
recipient.
(c) If, during the course of the review, the recipient or guardian, if
any, advises the committee that
he no longer agrees to continue receiving the treatment,
the treatment must be
discontinued except that the treatment may be administered
under either
Section 2-107 or 2-107.1.  If the recipient and guardian, if any, continues
to agree to the treatment, the treatment
shall be continued if the
committee determines that the recipient is receiving appropriate treatment and that the benefit to the recipient outweighs any risk of harm
to the
recipient.
(d) The Department shall issue rules to implement the requirements of this
Section.
(Source: P.A. 95-172, eff. 8-14-07.)
(405 ILCS 5/2-107.3)
Sec. 2-107.3. Reports. Each facility director of a State-operated mental health facility shall prepare a quarterly report stating the number of persons who were determined to meet the

standard for administration of psychotropic medication or electroconvulsive therapy but for whom it was determined that the filing of such a petition was not warranted as provided for in subsection (h) of Section 2-107 of this Code and the reasons for each such determination. The Department shall prepare and publish an annual report summarizing the information received under this Section. The Department's report shall include the data from each facility filing such a report and shall separately report the data from each such facility, identified by facility.
(Source: P.A. 94-1066, eff. 8-1-06; 95-172, eff. 8-14-07.)
(405 ILCS 5/2-107.4)
Sec. 2-107.4. Video conferencing.
(a)
The Illinois Supreme Court or any circuit court of this State may adopt rules permitting the use of video conferencing equipment in any hearing under Section 2-107.1 subject to the following conditions:
(1) if the parties, including the respondent, and     their attorneys, including the State's Attorney, are at a mental health facility, or some other location to which the respondent may be safely and conveniently transported, and the judge and any court personnel are in another location; or
(2) if the respondent and his or her attorney are at     a mental health facility or some other location to which the respondent may be safely and conveniently transported, and all of the other participants including the judge are in another location, if, and only if, agreed to by the respondent and the respondent's attorney.
(b)  In any hearing under Section 2-107.1, any court may permit any witness, including a psychiatrist, to testify by video conferencing equipment from any location in the absence of a court rule specifically prohibiting that testimony.
(Source: P.A. 99-535, eff. 1-1-17.)
(405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)
Sec. 2-108. Use of restraint. Restraint may be used only as a therapeutic
measure to prevent a recipient from causing physical harm to himself or
physical abuse to others. Restraint may only be applied by a person who has
been trained in the application of the particular type of restraint to be
utilized. In no event shall restraint be utilized  to punish or discipline a
recipient, nor is restraint to be used as a convenience for the staff.
(a) Except as provided in this Section, restraint 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 restraint
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
restraint is justified to prevent the recipient from causing physical harm to
himself or others. In no event may restraint 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 restraint 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 restraint and the purposes
for which restraint is employed.  The order shall also state the length of time
restraint is to be employed and the clinical justification for that length of
time.  No order for restraint shall be valid for more than 16 hours.  If
further restraint is required, a new order must be issued pursuant to the
requirements provided in this Section.
(b) In the event there is an emergency requiring the immediate use
of restraint, it may be ordered temporarily by a qualified person only
where a physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or
registered nurse with supervisory responsibilities is not immediately
available.  In that event, an order by a nurse, clinical psychologist, clinical
social worker, clinical professional counselor, advanced practice psychiatric nurse, or physician shall be obtained pursuant to the requirements of
this Section as quickly as possible, and the recipient shall be examined by a
physician or supervisory nurse within 2 hours after the initial employment of
the emergency restraint. Whoever orders restraint in emergency situations shall
document its necessity and place that documentation in the recipient's record.
(c) The person who orders restraint shall inform the facility director or
his designee in writing of the use of restraint within 24 hours.
(d) The facility director shall review all restraint orders daily and shall
inquire into the reasons for the orders for restraint by any person who
routinely orders them.
(e) Restraint may be employed during all or part of one 24 hour
period, the period commencing with the initial application of the
restraint.  However, once restraint has been employed during one 24 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.
(f) Restraint shall be employed in a humane and therapeutic manner and
the person being restrained shall be observed by a qualified person as often
as is clinically appropriate but in no event less than once every 15 minutes.
The qualified person shall maintain a record of the observations.
Specifically, unless there is an immediate danger that the recipient
will physically harm himself or others, restraint shall be loosely
applied to permit freedom of movement.  Further, the recipient shall be
permitted to have regular meals and toilet privileges free from the
restraint, except when freedom of action may result in physical harm to
the recipient or others.
(g) Every facility that employs restraint shall provide training in the
safe and humane application of each type of restraint employed.
The facility shall not authorize the use of any type of restraint by an
employee who has not received training in the safe and humane application
of that type of restraint.  Each facility in which restraint is used shall
maintain records detailing which employees have been trained and are
authorized to apply restraint, the date of the training and the type of
restraint that the employee was trained to use.
(h) Whenever restraint is imposed upon any recipient whose primary mode
of communication is sign language, the recipient shall be permitted to have
his hands free from restraint for brief periods each hour, except
when freedom may result in physical harm to the recipient or others.
(i) A recipient who is restrained may only be secluded at the same time
pursuant to an explicit written authorization as provided in Section 2-109
of this Code.  Whenever a recipient is restrained, a member of the facility
staff shall remain with the recipient at all times unless the recipient has
been secluded.  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 every 15 minutes.
(j) Whenever restraint 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
or the agency designated pursuant to the Protection and Advocacy for
Persons with Developmental Disabilities Act  notified of the restraint.  A recipient
who is under guardianship may request that any person of his choosing be
notified of the restraint whether or not the guardian approves of the notice.
Whenever the Guardianship and Advocacy Commission is notified that a recipient
has been restrained, it shall contact that recipient to determine the
circumstances of the restraint and whether further action is warranted.
(Source: P.A. 101-587, eff. 1-1-20.)
(405 ILCS 5/2-109) (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.)
(405 ILCS 5/2-110) (from Ch. 91 1/2, par. 2-110)
Sec. 2-110. 
		
		No recipient of services shall be subjected to any
unusual, hazardous, or experimental services or psychosurgery, without his
written and informed consent.
If the recipient is a minor or is under guardianship, such recipient's
parent or guardian is authorized, only with the approval of the court, to
provide informed consent for participation of the ward in any such services
which the guardian deems to be in the best interests of the ward.
(Source: P.A. 90-538, eff. 12-1-97.)
(405 ILCS 5/2-110.1)
Sec. 2-110.1. Reports.
(a) A mental hospital or facility at which electroconvulsive therapy
is administered shall submit to the Department quarterly reports
relating to the administration of the therapy for the purposes of reducing
morbidity or mortality and improving patient care.
(b) A report shall state the following for each quarter:
(1) The number of persons who received the therapy,     including:
(A) the number of persons who gave informed         consent to the therapy;
(B) the number of persons confined as subject to         involuntary admission who gave informed consent to the therapy;
(C) the number of persons who received the         therapy without informed consent pursuant to Section 2-107.1; and
(D) the number of persons who received the         therapy on an emergency basis pursuant to subsection (d) of Section 2-107.1.
(2) The age, sex, and race of the recipients of the     therapy.
(3) The source of the treatment payment.
(4) The average number of electroconvulsive     treatments administered for each complete series of treatments, but not including maintenance treatments.
(5) The average number of maintenance     electroconvulsive treatments administered per month.
(6) Any significant adverse reactions to the     treatment as defined by rule.
(7) Autopsy findings if death followed within 14 days     after the date of the administration of the therapy.
(8) Any other information required by the Department     by rule.
(c) The Department shall prepare and publish an annual written report
summarizing the information received under this Section.
The report shall not contain any information that identifies or tends to
identify any facility, physician, health care provider, or patient.
(Source: P.A. 102-558, eff. 8-20-21.)
(405 ILCS 5/2-110.5)
Sec. 2-110.5. Electroconvulsive therapy for minors. If a recipient is a
minor, that recipient's parent or guardian is authorized, only with the
approval of the court under the procedures set out in Section 2-107.1, to
provide consent for participation of the minor in electroconvulsive 
therapy if the parent or guardian deems it to be in the best interest of the
minor.  In addition to the requirements in Section 2-107.1, prior to the court
entering an order approving treatment by electroconvulsive therapy, 2 licensed
psychiatrists, one of which may
be the minor's treating psychiatrist, who have examined the patient must concur
in the determination that the minor should participate in treatment by electroconvulsive

therapy.
(Source: P.A. 102-558, eff. 8-20-21.)
(405 ILCS 5/2-111) (from Ch. 91 1/2, par. 2-111)
Sec. 2-111. 
		
		A medical or dental emergency exists when delay for the
purpose of obtaining consent would endanger the life or adversely and
substantially affect the health of a recipient of services.  When a medical
or dental emergency exists, if a physician or licensed dentist who examines
a recipient determines that the recipient is not capable of giving informed
consent, essential medical or dental procedures may be performed without
consent.  No physician nor licensed dentist shall be liable for a non-negligent
good faith determination that a medical or dental emergency exists or a
non-negligent good faith determination that the recipient is not capable of
giving informed consent.
(Source: P.A. 85-971.)
(405 ILCS 5/2-112) (from Ch. 91 1/2, par. 2-112)
Sec. 2-112. 
		Freedom from abuse and neglect. 
		Every recipient of services in  a mental
health or developmental disability facility shall be free from abuse and neglect.
(Source: P.A. 86-1013.)
(405 ILCS 5/2-113) (from Ch. 91 1/2, par. 2-113)
Sec. 2-113. 
		
		(a) Upon admission, the facility shall inquire of the
recipient if a spouse, family member, friend or an agency is to be notified
of his admission to the facility.  If the recipient consents to release of
information concerning his admission, the facility shall immediately
attempt to make phone contact with at least two designated persons or
agencies or by mail within 24 hours.
(b) Any person may request information from a developmental
disability or mental health facility relating to whether an adult recipient
or minor recipient admitted pursuant to Section 3-502 has been admitted to
the facility.  Any parties requesting information must submit proof of
identification and list their name, address, phone number, relationship to
the recipient and reason for the request.
(c) The facility shall respond to the inquirer within 2 working days.
If the recipient is located at the facility, the facility director shall
inform the recipient of the request and shall advise the recipient that
disclosure of his presence at the facility will not obligate the recipient
to have contact with the inquirer.  No information shall be disclosed
unless the recipient consents in writing to the disclosure.
(d) If the recipient has consented to the release of information the
facility shall inform the requesting party that the recipient is located at
the facility.  The facility shall, with the recipient's consent, tell the
requesting party how to contact the recipient.
(e) When the recipient is not located at the facility or when the
recipient does not consent in writing to release such information, the
facility shall inform the consenting party that no information is available
regarding that person.
(f) Transactions pursuant to this Section shall be noted in the
recipient's record.
(Source: P.A. 86-1417.)
(405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
Sec. 2-114. 
(a) Whenever an attorney or other advocate from the
Guardianship and Advocacy Commission or the agency designated by the
Governor under Section 1 of the Protection and Advocacy for Persons with Developmental Disabilities Act or any
other attorney advises a facility in which a recipient is receiving
inpatient mental health services that he is presently representing the
recipient, or has been appointed by any court or administrative agency to
do so or has been requested to represent the recipient by a member of the
recipient's family, the facility shall, subject to the provisions of
Section 2-113 of this Code, disclose to the attorney or advocate
whether the recipient is presently residing in the facility and, if so,
how the attorney or advocate may communicate with the recipient.
(b) The facility may take reasonable precautions to identify the
attorney or advocate. No further information shall be disclosed to the
attorney or advocate except in conformity with the authorization procedures
contained in the Mental Health and Developmental Disabilities
Confidentiality Act.
(c) Whenever the location of the recipient has been disclosed to an
attorney or advocate, the facility director shall inform the recipient of
that fact and shall note this disclosure in the recipient's records.
(d) An attorney or advocate who receives any information under this
Section may not disclose this information to anyone else without the
written consent of the recipient obtained pursuant to Section 5 of the Mental
Health and Developmental Disabilities Confidentiality Act.
(Source: P.A. 99-143, eff. 7-27-15.)
(405 ILCS 5/2-115)
Sec. 2-115. 
		Participants in mental health courts. 
		Subject to
appropriations, the Department shall establish pilot programs to
provide the clinical services necessary to serve participants
in mental health courts that have been established in any
judicial circuit in this State.
(Source: P.A. 92-120, eff. 1-1-02.)
(405 ILCS 5/2-116)
Sec. 2-116. Authorized electronic monitoring of a
recipient's room.
(a) A recipient who resides in a developmental disability facility shall be permitted to conduct
authorized electronic monitoring of the recipient's room
through the use of electronic monitoring devices placed in the
room pursuant to the Authorized Electronic Monitoring in
Community-Integrated Living Arrangements and Developmental Disability Facilities Act.
(b) No person shall:
(1) intentionally retaliate or discriminate against     any recipient for consenting to authorized electronic monitoring under the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act; or
(2) prevent the installation or use of an electronic     monitoring device by a recipient who resides in a developmental disability facility who has provided the staff of the developmental disability facility with notice and consent as required in Section 20 of the Authorized Electronic Monitoring in Community-Integrated Living Arrangements Act and Developmental Disability Facilities Act.
A violation of this subsection is a business offense, punishable by a fine not to exceed $1,000. The State's Attorney of the county in which the developmental disability facility is located, or the Attorney General, shall be notified by the Director of any violations of this subsection.
(Source: P.A. 101-229, eff. 1-1-20.)
(405 ILCS 5/Ch. II Art. II heading)
ARTICLE II.  
		PROCEDURES
(405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
Sec. 2-200. (a) Upon commencement of services, or as soon thereafter as
the condition of the recipient permits, every adult recipient, as well as the
recipient's guardian or substitute decision maker, and every recipient who is
12
years of age or older and the parent or guardian of a minor or person
under guardianship shall be informed orally and in writing of the rights
guaranteed by this Chapter which are relevant to the nature of the
recipient's services
program. The notice shall include, if applicable, the recipient's right to request a transfer to a different Department facility under Section 3-908. Every facility shall also post conspicuously in public areas
a summary of the rights which are relevant to the services delivered by
that facility as well as contact information for the Guardianship and Advocacy Commission and the agency designated by the Governor under Section 1 of the Protection and Advocacy for Persons with Developmental
Disabilities Act.
(b) A recipient who is 12 years of age or older and the parent or guardian
of a minor or person under guardianship at any time may designate, and upon
commencement of services shall be informed of the right to designate, a
person or agency to receive notice under Section 2-201 or to direct that
no information about the recipient be disclosed to any person or agency.
(c) Upon commencement of services, or as soon thereafter as the
condition of the recipient permits, the facility shall ask the adult
recipient or minor recipient admitted pursuant to Section 3-502 whether the
recipient wants the facility to contact the recipient's spouse, parents,
guardian, close relatives, friends, attorney, advocate from the
Guardianship and Advocacy Commission or the agency designated by the
Governor under Section 1 of the Protection and Advocacy for Persons with Developmental
Disabilities Act, or others and
inform them of the recipient's presence at the facility.  The facility
shall by phone or by mail contact at least two of those people designated
by the recipient and shall inform them of the recipient's location.  If the
recipient so requests, the facility shall also inform them of how to
contact the recipient.
(d) Upon commencement of services, or as soon thereafter as the condition
of the recipient permits, the facility shall advise the recipient as to the
circumstances under which the law permits the use of emergency forced
medication or electroconvulsive therapy under subsection (a) of Section 2-107, restraint under Section
2-108, or seclusion under Section 2-109.  At the same time, the facility shall
inquire of the recipient which form of intervention the recipient would prefer
if any of these circumstances should arise.  The recipient's preference shall
be noted in the recipient's record and communicated by the facility to the
recipient's guardian or substitute decision maker, if any, and any other
individual designated by the recipient.  If any such circumstances subsequently
do arise, the facility shall give due consideration to the preferences of the
recipient regarding which form of intervention to use as communicated to the
facility by the recipient or as stated in the recipient's advance directive.
(Source: P.A. 102-593, eff. 8-27-21.)
(405 ILCS 5/2-201) (from Ch. 91 1/2, par. 2-201)
Sec. 2-201. 
		
		(a) Whenever any rights of a recipient of services that are
specified in this Chapter are restricted, the professional responsible for
overseeing the implementation of the recipient's services plan shall be
responsible for promptly giving notice of the restriction or
use of restraint or seclusion and the reason therefor to:
(1) the recipient and, if such recipient is a minor     or under guardianship, his parent or guardian;
(2) a person designated under subsection (b) of     Section 2-200 upon commencement of services or at any later time to receive such notice;
(3) the facility director;
(4) the Guardianship and Advocacy Commission, or the     agency designated under "An Act in relation to the protection and advocacy of the rights of persons with developmental disabilities, and amending Acts therein named", approved September 20, 1985, if either is so designated; and
(5) the recipient's substitute decision maker, if any.
The professional shall also be responsible for promptly recording
such restriction or use of restraint or seclusion and the
reason therefor in the recipient's record.
(b) The facility director shall maintain a file of all notices of
restrictions of rights, or the use of restraint or seclusion for the past 3
years. The facility director shall allow the Guardianship and Advocacy
Commission, the agency designated by the Governor under Section 1 of "An
Act in relation to the protection and advocacy of the rights of persons
with developmental disabilities, and amending Acts therein named," approved
September 20, 1985, and the Department to examine and copy such records
upon request. Records obtained under this Section shall not be further
disclosed except pursuant to written authorization of the recipient under
Section 5 of the Mental Health and Developmental Disabilities
Confidentiality Act.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/2-202) (from Ch. 91 1/2, par. 2-202)
Sec. 2-202. 
		
		The Secretary of Human Services and the facility director of
each service provider shall adopt in writing such policies and procedures as
are necessary to implement this Chapter.  Such policies and procedures may
amplify or expand, but shall not restrict or limit, the rights guaranteed to
recipients by this Chapter.
(Source: P.A. 89-507, eff. 7-1-97.)