(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 authorized involuntary treatment,
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 authorized
involuntary
treatment. A surrogate may, however, petition for administration of authorized
involuntary treatment pursuant to this Act.
If the recipient is under guardianship and the guardian is
authorized
to consent to the administration of authorized involuntary treatment 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. 90‑538, eff. 12‑1‑97; 91‑726, eff. 6‑2‑00.)
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(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.
(Source: P.A. 86‑1417.)
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(405 ILCS 5/2‑107.1) (from Ch. 91 1/2, par. 2‑107.1)
Sec. 2‑107.1.
Administration of authorized involuntary treatment upon
application to a court.
(a) An adult recipient of services and the recipient's guardian, if the
recipient is under guardianship, and the substitute decision
maker, if any, shall be informed of the recipient's right to refuse medication.
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.
(a‑5) Notwithstanding the provisions of Section 2‑107 of this
Code, authorized
involuntary treatment may be administered to an adult recipient of
services without the informed consent of the recipient under the following
standards:
(1) Any person 18 years of age or older, including |
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any guardian, may petition the circuit court for an order authorizing the administration of authorized involuntary treatment 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.
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The petition may include a request that the court
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authorize such testing and procedures as may be essential for the safe and effective administration of the authorized involuntary treatment sought to be administered, but only where the petition sets forth the specific testing and procedures sought to be administered.
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If a hearing is requested to be held immediately
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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.
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(2) The court shall hold a hearing within 7 days of
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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.
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(3) Unless otherwise provided herein, the procedures
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set forth in Article VIII of Chapter 3 of this Act, including the provisions regarding appointment of counsel, shall govern hearings held under this subsection (a‑5).
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(4) Authorized involuntary treatment shall not be
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administered to the recipient unless it has been determined by clear and convincing evidence that all of the following factors are present:
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(A) That the recipient has a serious mental
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illness or developmental disability.
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(B) That because of said mental illness or
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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.
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(C) That the illness or disability has existed
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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.
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(D) That the benefits of the treatment outweigh
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(E) That the recipient lacks the capacity to
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make a reasoned decision about the treatment.
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(F) That other less restrictive services have
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been explored and found inappropriate.
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(G) If the petition seeks authorization for
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testing and other procedures, that such testing and procedures are essential for the safe and effective administration of the treatment.
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(5) In no event shall an order issued under this
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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 authorized involuntary treatment 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.
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(6) An order issued under this subsection (a‑5)
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shall designate the persons authorized to administer the authorized involuntary 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.
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(b) A guardian may be authorized to consent to the administration
of authorized involuntary treatment 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 authorized involuntary treatment to a
non‑objecting
recipient under Article XIa of the Probate Act of 1975.
(d) Nothing in this Section shall prevent the administration of
authorized involuntary treatment to recipients
in an emergency under Section 2‑107 of
this Act.
(e) Notwithstanding any of the provisions of this Section, authorized
involuntary treatment 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.
(Source: P.A. 92‑16, eff. 6‑28‑01; 93‑573, eff. 8‑21‑03.)
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(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, or registered nurse with supervisory responsibilities. No restraint
shall be ordered unless the physician, clinical psychologist, clinical social
worker, 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 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, or
registered nurse with supervisory responsibilities is not immediately
available. In that event, an order by a nurse, clinical psychologist, clinical
social worker, 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
Developmentally Disabled Persons 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. 92‑651, eff. 7‑11‑02.)
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(405 ILCS 5/2‑110.1)
Sec. 2‑110.1.
Reports.
(a) A mental hospital or facility at which electro‑convulsive 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, |
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(A) the number of persons who gave informed
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(B) the number of persons confined as subject to
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involuntary admission who gave informed consent to the therapy;
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(C) the number of persons who received the
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therapy without informed consent pursuant to Section 2‑107.1; and
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(D) the number of persons who received the
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therapy on an emergency basis pursuant to subsection (d) of Section 2‑107.1.
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(2) The age, sex, and race of the recipients of the
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(3) The source of the treatment payment.
(4) The average number of electro‑convulsive
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treatments administered for each complete series of treatments, but not including maintenance treatments.
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(5) The average number of maintenance
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electro‑convulsive treatments administered per month.
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(6) Any significant adverse reactions to the
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treatment as defined by rule.
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(7) Autopsy findings if death followed within 14
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days after the date of the administration of the therapy.
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(8) Any other information required by the Department
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(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. 90‑538, eff. 12‑1‑97.)
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(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. Every facility shall also post conspicuously in public areas
a summary of the rights which are relevant to the services delivered by
that facility.
(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 "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, 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 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. 91‑726, eff. 6‑2‑00.)
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(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 |
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or under guardianship, his parent or guardian;
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(2) a person designated under subsection (b) of
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Section 2‑200 upon commencement of services or at any later time to receive such notice;
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(3) the facility director;
(4) the Guardianship and Advocacy Commission, or the
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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
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(5) the recipient's substitute decision maker, if
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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.)
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