Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart A - GENERAL PROVISIONS › Section 125.20 - Recipient rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) The rights of
				recipients of mental health and developmental disabilities services in the
				public as well as the private sector are set forth in Sections 2-100 through
				2-111 of the Code [405 ILCS 5/2-100 through 2 -111].
b) The observation and protection of
				recipient rights, as specified in the statute, are applicable to all sections
				of this Part.
c) As a general rule,
				individuals lose none of their rights, benefits, or privileges because they
				receive mental health or developmental disabilities services. For example, a
				recipient does not lose the right to vote, attend religious services or any
				other rights guaranteed by federal and State constitutions and laws.
d) A summary of rights to which the
				recipients of services are entitled include the following:
1) Adequate and humane care and services in
				the least restrictive environment and an individualized services
				plan.
2) To communicate with other
				people in private, without obstruction or censorship by the staff at the
				facility. This right includes mail, telephone calls, and visits. There are
				limits upon this right, e.g., communication by these means may be reasonably
				restricted by the facility director, but only to protect the recipient or
				others from harm, harassment or intimidation. All letters addressed by a
				recipient to the Governor, members of the General Assembly, Attorney General,
				judges, state's attorneys, 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.
3) To receive, possess, and use personal
				property unless it is determined that certain items are harmful to the
				recipient or others. On discharge all lawful property must be returned to the
				recipient.
4) To use money as a
				recipient chooses, unless the recipient is under 18 or under a court imposed
				restriction, including the appointment of a guardian.
5) To deposit money in a bank or place it for
				safekeeping with the facility. If the facility deposits a recipient's funds,
				any interest earned will be the recipient's. Neither the facility nor any of
				its employees may act as payee to receive any payment or assistance directed to
				a recipient, including Social Security and pension, annuity, or trust fund
				payments without informed consent of the recipient/guardian.
6) To be paid for work a recipient was asked
				to perform which benefits the facility; the recipient may be required to do
				personal housekeeping chores without being paid.
7) To refuse services, including medication.
				If refused, the recipient will not be given such services except when necessary
				to prevent serious harm to self or others.
8) To have restraints used only to protect
				the recipient from physically harming self or others, or as a part of a
				medical/surgical procedure.
9)
				Seclusion used only to prevent the recipient from physically harming self or
				others.
10) A recipient will not
				receive electro-convulsive therapy (electroshock) without informed consent as
				provided for in Section 2-110 of the Code [405 ILCS
				5/2-110 ].
11) Any unusual, hazardous, or experimental
				services require the recipient's written and informed consent.
12) Except in emergencies, medical or dental
				services will not be provided without informed consent of the
				recipient/guardian.
13) If
				recipient rights are restricted, the facility must notify the following (using
				form MHDD-4, "Notice Regarding Rights of Recipient"):
A) Recipient and the person of the
				recipient's choice;
B) Parent or
				guardian, if the recipient is under age 18;
C) Court-appointed guardian for adult
				recipient;
D) The Guardianship and
				Advocacy Commission, if so designated (see Section 2-201 of the Code
				[405 ILCS
				5/2-201 ]).