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Mental Health and Developmental Disabilities Code

Illinois · Mental Health, Behavioral Health, and Developmental Disabilities · §§ 405-5-1-100 to 405-5-1-129 · 49 sections

Overview

The act governs the state's system of care for people with mental illness and developmental disabilities, covering both voluntary and involuntary admission to treatment and the provision of treatment, habilitation, and residential services in state-operated, private, and contracted facilities. It defines the class of providers authorized to evaluate and treat recipients — psychiatrists, physicians, clinical psychologists, advanced practice psychiatric nurses, physician assistants, clinical professional counselors, and qualified examiners — and assigns administrative responsibility to the state human services agency and to facility directors. It also sets protections for recipients of services, including standards on abuse and neglect, the use of psychotropic medication, the role of guardians and substitute decision makers, and the procedures for discharge from treatment or custody.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

  • 405 ILCS 5/1-100This Act shall be known and may be cited as the "Mental Health and Developmental Disabilities Code"
  • 405 ILCS 5/1-101As used in this Act, unless the context otherwise requires, the terms defined in this Chapter have the meanings ascribed to them herein
  • 405 ILCS 5/1-101.1"Abuse" means any physical injury, sexual abuse, or mental injury inflicted on a recipient of services other than by accidental means
  • 405 ILCS 5/1-101.2Mental Health, Behavioral Health, and Developmental Disabilities › 405 ILCS 5 — Mental Health and Developmental Disabilities Code
  • 405 ILCS 5/1-101.3Advanced practice psychiatric nurse
  • 405 ILCS 5/1-102Mental Health, Behavioral Health, and Developmental Disabilities › 405 ILCS 5 — Mental Health and Developmental Disabilities Code
  • 405 ILCS 5/1-102.1"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
  • 405 ILCS 5/1-103"Clinical psychologist" means a person licensed by the Department of Financial and Professional Regulation under the Clinical Psychologist Licensing Act
  • 405 ILCS 5/1-104"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
  • 405 ILCS 5/1-104.5(Repealed)
  • 405 ILCS 5/1-105"Department" means the Department of Human Services in its capacity as successor to the Department of Mental Health and Developmental Disabilities
  • 405 ILCS 5/1-106Mental Health, Behavioral Health, and Developmental Disabilities › 405 ILCS 5 — Mental Health and Developmental Disabilities Code
  • 405 ILCS 5/1-107"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
  • 405 ILCS 5/1-108"Secretary" means the Secretary of Human Services
  • 405 ILCS 5/1-109"Discharge" means the full release of any person admitted or otherwise detained under this Act from treatment, habilitation, or care and custody
  • 405 ILCS 5/1-110"Guardian" means the court appointed guardian or conservator of the person
  • 405 ILCS 5/1-110.5"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
  • 405 ILCS 5/1-111"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
  • 405 ILCS 5/1-112"Hospitalization" means the treatment of a person by a mental health facility as an inpatient
  • 405 ILCS 5/1-113"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
  • 405 ILCS 5/1-113.5"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
  • 405 ILCS 5/1-114Mental Health, Behavioral Health, and Developmental Disabilities › 405 ILCS 5 — Mental Health and Developmental Disabilities Code
  • 405 ILCS 5/1-114.1"State-operated mental health facility" means a mental health facility operated by the Department
  • 405 ILCS 5/1-114.2(Repealed)
  • 405 ILCS 5/1-114.3(Repealed)
  • 405 ILCS 5/1-114.4(Repealed)
  • 405 ILCS 5/1-114.5(Repealed)
  • 405 ILCS 5/1-115"Mental health or developmental disability services" or "services" means treatment or habilitation
  • 405 ILCS 5/1-116Intellectual disability
  • 405 ILCS 5/1-117"Minor" means a person under 18 years of age
  • 405 ILCS 5/1-117.1"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
  • 405 ILCS 5/1-118"Peace officer" means any sheriff, police officer, or other person deputized by proper authority to serve as a peace officer
  • 405 ILCS 5/1-119Mental Health, Behavioral Health, and Developmental Disabilities › 405 ILCS 5 — Mental Health and Developmental Disabilities Code
  • 405 ILCS 5/1-119.1Mental Health, Behavioral Health, and Developmental Disabilities › 405 ILCS 5 — Mental Health and Developmental Disabilities Code
  • 405 ILCS 5/1-120"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
  • 405 ILCS 5/1-120.1Physician assistant
  • 405 ILCS 5/1-121"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
  • 405 ILCS 5/1-121.1Mental Health, Behavioral Health, and Developmental Disabilities › 405 ILCS 5 — Mental Health and Developmental Disabilities Code
  • 405 ILCS 5/1-121.5(Repealed)
  • 405 ILCS 5/1-122Qualified examiner
  • 405 ILCS 5/1-122.1Mental Health, Behavioral Health, and Developmental Disabilities › 405 ILCS 5 — Mental Health and Developmental Disabilities Code
  • 405 ILCS 5/1-122.4"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
  • 405 ILCS 5/1-123"Recipient of services" or "recipient" means a person who has received or is receiving treatment or habilitation
  • 405 ILCS 5/1-124"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
  • 405 ILCS 5/1-125"Restraint" means direct restriction through mechanical means or personal physical force of the limbs, head or body of a recipient
  • 405 ILCS 5/1-126"Seclusion" means the sequestration by placement of a recipient alone in a room which he has no means of leaving
  • 405 ILCS 5/1-127"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
  • 405 ILCS 5/1-128"Treatment" means an effort to accomplish an improvement in the mental condition or related behavior of a recipient
  • 405 ILCS 5/1-129Mental illness

Enacted in other states

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