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 5/1‑102) (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 5/1‑103) (from Ch. 91 1/2, par. 1‑103)
Sec. 1‑103. "Clinical psychologist" means a psychologist registered with the Illinois Department of Professional Regulation who meets the following qualifications:
(a) has a doctoral degree from a regionally accredited university, college, or professional school, and has two years of supervised experience in health services of which at least one year is postdoctoral and one year is in an organized health service program; or
(b) has a graduate degree in psychology from a regionally accredited university or college, and has not less than six years of experience as a psychologist with at least two years of supervised experience in health services.
(Source: P.A. 85‑1209.) |
(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, or nurse.
(Source: P.A. 80‑1414.) |
(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 disability which is attributable to: (a) mental retardation, cerebral palsy, epilepsy or autism; or to (b) any other condition which results in impairment similar to that caused by mental retardation and which requires services similar to those required by mentally retarded persons. Such disability must originate before the age of 18 years, be expected to continue indefinitely, and constitute a substantial handicap.
(Source: P.A. 80‑1414.) |
(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. "Mental retardation" means significantly subaverage general intellectual functioning which exists concurrently with impairment in adaptive behavior and which originates before the age of 18 years.
(Source: P.A. 80‑1414.) |
(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; |
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(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 |
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(3) A person with mental illness who:
(i) refuses treatment or is not adhering |
| adequately to prescribed treatment; |
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(ii) because of the nature of his or her illness, |
| is unable to understand his or her need for treatment; and |
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(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. |
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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 |
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(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. |
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(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, |
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(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 postmaster'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 |
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(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. |
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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.) |
(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 postmaster'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. 84‑766.) |
(405 ILCS 5/1‑122.4) (from Ch. 91 1/2, par. 1‑122.4)
Sec. 1‑122.4. "Qualified mental retardation 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. 86‑1416.) |
(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.) |
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