2023 Illinois Compiled Statutes › Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES › 405 ILCS 5/ - Mental Health and Developmental Disabilities Code. › Chapter I - Short Title And Definitions

(405 ILCS 5/Ch. I heading)
CHAPTER I
SHORT TITLE AND DEFINITIONS
(405 ILCS 5/1-100) (from Ch. 91 1/2, par. 1-100)
Sec. 1-100. 
		
		This Act shall be known and may be cited as the "Mental
Health and Developmental Disabilities Code".
(Source: P.A. 80-1414.)
(405 ILCS 5/1-101) (from Ch. 91 1/2, par. 1-101)
Sec. 1-101. 
		
		As used in this Act, unless the context otherwise requires,
the terms defined in this Chapter have the meanings ascribed to them herein.
(Source: P.A. 80-1414.)
(405 ILCS 5/1-101.1) (from Ch. 91 1/2, par. 1-101.1)
Sec. 1-101.1. 
		
		"Abuse" means any physical injury, sexual abuse, or mental
injury inflicted on a recipient of services other than by accidental means.
(Source: P.A. 86-1013.)
(405 ILCS 5/1-101.2)
Sec. 1-101.2. 
		
		"Adequate and humane care and services" means services
reasonably calculated to result in a significant improvement of the condition
of a recipient of services confined in an inpatient mental health facility so
that he or she may be released or services reasonably calculated to prevent
further decline in the clinical condition of a recipient of services so that he
or she does not present an imminent danger to self or others.
(Source: P.A. 91-536, eff. 1-1-00.)
(405 ILCS 5/1-101.3)
Sec. 1-101.3. Advanced practice psychiatric nurse. "Advanced practice psychiatric nurse" means a nurse who is licensed to practice as an advanced
practice registered nurse under Section 65-5 of the Nurse Practice Act and has been certified by the American Nurses Credentialing Center as a psychiatric mental health clinical nurse specialist or a psychiatric mental health nurse practitioner.
(Source: P.A. 101-587, eff. 1-1-20.)
(405 ILCS 5/1-102) (from Ch. 91 1/2, par. 1-102)
Sec. 1-102. 
		
		"Care and custody" means authorization to an appropriate
person, with his consent, to provide or arrange for proper and adequate
treatment of another person who is subject to involuntary admission but
does not include the authority to require hospitalization of the recipient
unless such authority is expressly granted by court order pursuant to Article
VII of Chapter III.
(Source: P.A. 88-380.)
(405 ILCS 5/1-102.1)
Sec. 1-102.1. "Clinical professional counselor" means a person licensed as a clinical professional counselor in accordance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act.
(Source: P.A. 98-724, eff. 7-16-14.)
(405 ILCS 5/1-103) (from Ch. 91 1/2, par. 1-103)
Sec. 1-103. 
"Clinical psychologist" means a person licensed by the Department of Financial and Professional Regulation under the Clinical Psychologist Licensing Act.
(Source: P.A. 98-75, eff. 7-15-13.)
(405 ILCS 5/1-104) (from Ch. 91 1/2, par. 1-104)
Sec. 1-104. 
"Facility director" means the chief officer of a mental
health or developmental disabilities facility or his designee or the supervisor
of a program of treatment or habilitation, or his designee.  Designee may
include a physician, clinical psychologist, social worker, clinical professional counselor, or nurse.
(Source: P.A. 97-753, eff. 7-6-12.)
(405 ILCS 5/1-104.5)
Sec. 1-104.5. (Repealed).
(Source: P.A. 95-602, eff. 6-1-08. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
(405 ILCS 5/1-105) (from Ch. 91 1/2, par. 1-105)
Sec. 1-105. 
		
		"Department" means the Department of Human Services in its
capacity as successor to the Department of Mental Health and Developmental
Disabilities.  Unless the context otherwise requires, direct or indirect
references in this Code to the programs,
employees, facilities, service providers, or service recipients of the
Department shall be construed to refer only to those programs, employees,
facilities, service providers, or service recipients of the Department that
pertain to its mental health and developmental disabilities functions.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
Sec. 1-106. 
"Developmental disability" means a severe, chronic disability, other than mental illness, found to be closely related to an intellectual disability because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with ID, and requires services similar to those required for a person with an intellectual disability.  In addition, a developmental disability: (1) is manifested before the individual reaches 22 years of age; (2) is likely to continue indefinitely; (3) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and (4) reflects the individual's need for a combination and sequence of special interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. This definition does not supersede the "developmental disability" definition in Section 1.1 of the Firearm Owners Identification Card Act which is required to be applied under that Act for the purpose of mandatory reporting.
(Source: P.A. 102-972, eff. 1-1-23.)
(405 ILCS 5/1-107) (from Ch. 91 1/2, par. 1-107)
Sec. 1-107. 
		
		"Developmental disability facility" means a facility or
section thereof which is licensed or operated by or under contract with
the State or a political subdivision thereof and which admits persons with a
developmental disability for residential and habilitation services.
(Source: P.A. 88-380.)
(405 ILCS 5/1-108) (from Ch. 91 1/2, par. 1-108)
Sec. 1-108. 
		"Secretary" means the Secretary of Human Services.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 5/1-109) (from Ch. 91 1/2, par. 1-109)
Sec. 1-109. 
		
		"Discharge" means the full release of any person admitted
or otherwise detained under this Act from treatment, habilitation, or care and custody.
(Source: P.A. 80-1414.)
(405 ILCS 5/1-110) (from Ch. 91 1/2, par. 1-110)
Sec. 1-110. 
		
		"Guardian" means the court appointed guardian or conservator
of the person.
(Source: P.A. 80-1414.)
(405 ILCS 5/1-110.5)
Sec. 1-110.5. 
		
		"Substitute decision maker" means a person who
possesses the
authority to make decisions under the Powers of
Attorney for Health Care Law or under the Mental Health Treatment Preference
Declaration Act.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/1-111) (from Ch. 91 1/2, par. 1-111)
Sec. 1-111. 
		
		"Habilitation" means an effort directed toward the alleviation
of a developmental disability or toward increasing a person with a
developmental disability's level of physical, mental, social or economic
functioning. Habilitation may include, but is not limited to, diagnosis,
evaluation, medical services, residential care, day care, special living
arrangements, training, education, sheltered employment, protective services,
counseling and other services provided to persons with a developmental
disability by developmental disabilities facilities.
(Source: P.A. 88-380.)
(405 ILCS 5/1-112) (from Ch. 91 1/2, par. 1-112)
Sec. 1-112. 
		
		"Hospitalization" means the treatment of a person by a
mental health facility as an inpatient.
(Source: P.A. 80-1414.)
(405 ILCS 5/1-113) (from Ch. 91 1/2, par. 1-113)
Sec. 1-113. 
		
		"Licensed private hospital" means any privately owned home,
hospital, or institution, or any section thereof which is licensed by the
Department of Public Health and which provides treatment for persons with
mental illness.
(Source: P.A. 88-380.)
(405 ILCS 5/1-113.5)
Sec. 1-113.5. 
		
		"Long-acting psychotropic medications" means psychotropic
medications, including but not limited to Haldol
Decanoate and Prolixin Decanoate, that are designed so that a single dose will
have an intended clinical effect for a period of at least 48
hours.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/1-114) (from Ch. 91 1/2, par. 1-114)
Sec. 1-114. 
		
		"Mental health facility" means any licensed private hospital,
institution, or facility or section thereof, and any facility, or section
thereof, operated by the State or a political subdivision thereof for the
treatment of persons with mental illness and includes all hospitals,
institutions, clinics, evaluation facilities, and mental health centers which
provide treatment for such persons.
(Source: P.A. 88-380.)
(405 ILCS 5/1-114.1)
Sec. 1-114.1. 
		
		"State-operated mental health facility" means a mental
health facility operated by the Department.
(Source: P.A. 88-484.)
(405 ILCS 5/1-114.2)
Sec. 1-114.2. 
		(Repealed).
(Source: P.A. 88-484.  Repealed by P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/1-114.3)
Sec. 1-114.3. 
		(Repealed).
(Source: P.A. 88-484.  Repealed by P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/1-114.4)
Sec. 1-114.4. 
		(Repealed).
(Source: P.A. 88-484.  Repealed by P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/1-114.5)
Sec. 1-114.5. 
		(Repealed).
(Source: P.A. 88-484.  Repealed by P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/1-115) (from Ch. 91 1/2, par. 1-115)
Sec. 1-115. 
		
		"Mental health or developmental disability services" or
"services" means treatment or habilitation.
(Source: P.A. 80-1414.)
(405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)
Sec. 1-116. Intellectual disability. "Intellectual disability" means a disorder with onset during the developmental period (before the individual reaches age 22), that includes both intellectual and adaptive deficits in conceptual, social and practical domains.  The following 3 criteria must be met: (1) deficits in intellectual functions such as reasoning, problem solving, planning, abstract thinking, judgment, academic learning, and learning from experience confirmed by both clinical assessment and individualized, standardized intelligence testing (generally indicated with an IQ score of about 70 or below), (2) deficits in adaptive functioning that result in failure to meet developmental and sociocultural standards for personal independence and social responsibility. Without ongoing support, the adaptive deficits limit functioning in one or more activities of daily life, such as communication, social participation, and independent living, across multiple environments, such as home, school, work, and community, and (3) onset of intellectual and adaptive deficits during the developmental period. This definition does not supersede the "intellectual disability" definition in Section 1.1 of the Firearm Owners Identification Card Act which is required to be applied under that Act for the purpose of mandatory reporting.
(Source: P.A. 102-972, eff. 1-1-23.)
(405 ILCS 5/1-117) (from Ch. 91 1/2, par. 1-117)
Sec. 1-117. 
		"Minor" means a person under 18 years of age.
(Source: P.A. 80-1414.)
(405 ILCS 5/1-117.1) (from Ch. 91 1/2, par. 1-117.1)
Sec. 1-117.1. 
		
		"Neglect" means the failure to provide adequate medical or
personal care or maintenance to a recipient of services, which failure
results in physical or mental injury to a recipient or in the deterioration
of a recipient's physical or mental condition.
(Source: P.A. 86-1013.)
(405 ILCS 5/1-118) (from Ch. 91 1/2, par. 1-118)
Sec. 1-118. 
		
		"Peace officer" means any sheriff, police officer, or other
person deputized by proper authority to serve as a peace officer.
(Source: P.A. 80-1414.)
(405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
Sec. 1-119. "Person subject to involuntary admission on an inpatient basis" means:
(1) A person with mental illness who because of his     or her illness is reasonably expected, unless treated on an inpatient basis, to engage in conduct placing such person or another in physical harm or in reasonable expectation of being physically harmed;
(2) A person with mental illness who because of his     or her illness is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or others, unless treated on an inpatient basis; or
(3) A person with mental illness who:
(i) refuses treatment or is not adhering         adequately to prescribed treatment;
(ii) because of the nature of his or her illness,         is unable to understand his or her need for treatment; and
(iii) if not treated on an inpatient basis, is         reasonably expected, based on his or her behavioral history, to suffer mental or emotional deterioration and is reasonably expected, after such deterioration, to meet the criteria of either paragraph (1) or paragraph (2) of this Section.
In determining whether a person meets the criteria specified in paragraph
(1), (2), or (3), the court may consider evidence of the person's repeated past pattern
of specific behavior
and actions related to the
person's illness.
(Source: P.A. 95-602, eff. 6-1-08; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
(405 ILCS 5/1-119.1)
Sec. 1-119.1. "Person subject to involuntary admission on an outpatient basis" means:
(1) A person who would meet the criteria for     admission on an inpatient basis as specified in Section 1-119 in the absence of treatment on an outpatient basis and for whom treatment on an outpatient basis can only be reasonably ensured by a court order mandating such treatment; or
(2) A person with a mental illness which, if left     untreated, is reasonably expected to result in an increase in the symptoms caused by the illness to the point that the person would meet the criteria for commitment under Section 1-119, and whose mental illness has, on more than one occasion in the past, caused that person to refuse needed and appropriate mental health services in the community.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
(405 ILCS 5/1-120) (from Ch. 91 1/2, par. 1-120)
Sec. 1-120. 
		
		"Physician" means any person licensed by the State of Illinois
to practice medicine in all its branches and includes any person holding
a temporary license, as provided in the Medical Practice Act of 1987.
Physician includes a psychiatrist as defined in Section 1-121.
(Source: P.A. 85-1209.)
(405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121)
Sec. 1-121. 
		
		"Psychiatrist" means a physician as defined in the first
sentence of Section 1-120 who has successfully completed a residency program
in psychiatry accredited by either the Accreditation Council for Graduate
Medical Education or the American Osteopathic Association.
(Source: P.A. 91-726, eff. 6-2-00; 91-787, eff. 1-1-01.)
(405 ILCS 5/1-121.1) (from Ch. 91 1/2, par. 1-121.1)
Sec. 1-121.1. 
		
		"Psychotropic medication" means medication whose use for
antipsychotic, antidepressant, antimanic, antianxiety, behavioral
modification or behavioral management purposes is listed in AMA Drug
Evaluations, latest edition, or Physician's Desk Reference, latest edition,
or which are administered for any of these purposes.  For the purposes of
Sections 2-107, 2-107.1, and 2-107.2 of this Act, "psychotropic medication"
also includes those tests and related procedures that are essential for the
safe and effective administration of a psychotropic medication.
(Source: P.A. 89-439, eff. 6-1-96.)
(405 ILCS 5/1-121.5)
Sec. 1-121.5. (Repealed).
(Source: P.A. 90-538, eff. 12-1-97. Repealed by P.A. 95-172, eff. 8-14-07.)
(405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122)
Sec. 1-122. Qualified examiner. "Qualified examiner" means a person
who is:
(a) a Clinical
social worker as defined in this Act,
(b) a registered nurse with a master's degree in     psychiatric nursing who has 3 years of clinical training and experience in the evaluation and treatment of mental illness which has been acquired subsequent to any training and experience which constituted a part of the degree program,
(c) a licensed clinical professional counselor with a     master's or doctoral degree in counseling or psychology or a similar master's or doctorate program from a regionally accredited institution who has at least 3 years of supervised post-master's  clinical professional counseling experience that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders, or
(d) a licensed marriage and family therapist with a     master's or doctoral degree in marriage and family therapy from a regionally accredited educational institution or a similar master's program or from a program accredited by either the Commission on Accreditation for Marriage and Family Therapy or the Commission on Accreditation for Counseling Related Educational Programs, who has at least 3 years of supervised post-master's experience as a marriage and family therapist that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders.
A social worker who is a qualified examiner shall be a licensed clinical
social worker under the Clinical Social Work and Social Work Practice Act.
(Source: P.A. 96-1357, eff. 1-1-11; 97-333, eff. 8-12-11.)
(405 ILCS 5/1-122.1) (from Ch. 91 1/2, par. 1-122.1)
Sec. 1-122.1. 
"Clinical social worker" means a person who (1) has a
master's or doctoral degree in social work from an accredited graduate
school of social work and (2) has at least 3 years of supervised
post-master's clinical social work practice which shall include the
provision of mental health  services for the evaluation, treatment and
prevention of mental and emotional disorders.
(Source: P.A. 97-333, eff. 8-12-11.)
(405 ILCS 5/1-122.4) (from Ch. 91 1/2, par. 1-122.4)
Sec. 1-122.4. 
"Qualified intellectual disabilities professional" as used in
this Act means those persons who meet this definition under Section 483.430
of Chapter 42 of the Code of Federal Regulations, subpart G.
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 5/1-123) (from Ch. 91 1/2, par. 1-123)
Sec. 1-123. 
		
		"Recipient of services" or "recipient" means a person who
has received or is receiving treatment or habilitation.
(Source: P.A. 80-1414.)
(405 ILCS 5/1-124) (from Ch. 91 1/2, par. 1-124)
Sec. 1-124. 
		
		"Responsible relative" means the spouse or, if the recipient
is under 18 years of age, parent of a recipient or client receiving services
in facilities or programs of the Department.  However, if the definition of
"responsible relative" in this Act is in conflict with the definition of
"responsible relative" in any Federal statute and rules or regulations
thereunder, under which the recipient or client is otherwise eligible to
receive benefits, the definition of the Federal Act, rules, or regulations
shall prevail.
(Source: P.A. 88-380.)
(405 ILCS 5/1-125) (from Ch. 91 1/2, par. 1-125)
Sec. 1-125. 
"Restraint" means direct restriction through mechanical
means or personal physical force of the limbs, head or body of a recipient.
The partial or total immobilization of a recipient for the purpose
of performing a medical, surgical or dental procedure or as
part of a medically prescribed procedure for the treatment of an existing
physical disorder or the amelioration of a physical disability shall not
constitute restraint, provided that the duration, nature and purposes of
the procedures or immobilization are properly documented in the
recipient's record and, that if the procedures or immobilization are
applied continuously or regularly for a period in excess of 24 hours, and
for every 24 hour period thereafter during which the immobilization may
continue, they are authorized in writing by a physician or dentist; and
provided further, that any such immobilization which extends for more than
30 days be reviewed by a physician or dentist other than the one who
originally authorized the immobilization.
Momentary periods of physical restriction by direct person-to-person
contact, without the aid of material or mechanical devices, accomplished
with limited force, and that are designed to prevent a recipient from
completing an act that would result in potential physical harm to himself
or another shall not constitute restraint, but shall be documented in the
recipient's clinical record.
(Source: P.A. 99-143, eff. 7-27-15.)
(405 ILCS 5/1-126) (from Ch. 91 1/2, par. 1-126)
Sec. 1-126. 
		
		"Seclusion" means the sequestration by placement of a
recipient alone in a room which he has no means of leaving.  The
restriction of a recipient to a given area or room as part of a behavior
modification program which has been authorized pursuant to his individual
services plan shall not constitute seclusion, provided that such
restriction does not exceed any continuous period in excess of two hours
nor any periods which total more than four hours in any twenty-four hour
period and that the duration, nature and purposes of each such restriction
are promptly documented in the recipient's record.
(Source: P.A. 86-1402.)
(405 ILCS 5/1-127) (from Ch. 91 1/2, par. 1-127)
Sec. 1-127. 
		
		"Service provider" means any mental health or developmental
disabilities facility, or any other person which is devoted in whole or
part to providing mental health or developmental disabilities services.
(Source: P.A. 80-1414.)
(405 ILCS 5/1-128) (from Ch. 91 1/2, par. 1-128)
Sec. 1-128. 
		
		"Treatment" means an effort to accomplish an improvement
in the mental condition or related behavior of a recipient. Treatment includes,
but is not limited to, hospitalization, partial hospitalization, outpatient
services, examination, diagnosis, evaluation, care, training, psychotherapy,
pharmaceuticals, and other services provided for recipients by mental health
facilities.
(Source: P.A. 88-380.)
(405 ILCS 5/1-129)
Sec. 1-129. Mental illness. "Mental illness" means a mental, or
emotional disorder that substantially impairs a person's thought, perception of
reality,
emotional process, judgment, behavior, or ability to cope with the ordinary
demands of
life, but does not include a developmental disability, dementia or Alzheimer's
disease absent psychosis, a substance use 
disorder, or an
abnormality manifested only by repeated criminal or otherwise antisocial
conduct.
(Source: P.A. 100-759, eff. 1-1-19.)