Illinois 2023-2024 Regular Session

Illinois House Bill HB3728 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3728 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED: 405 ILCS 5/3-512 new Amends the Mental Health and Developmental Disabilities Code. Provides for protections for a minor 11 years of age or younger who is admitted to a mental health facility for inpatient treatment. Provides a mental health facility that violates these provisions shall pay a civil penalty to the Department of Human Services. LRB103 29801 SPS 56208 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3728 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED: 405 ILCS 5/3-512 new 405 ILCS 5/3-512 new Amends the Mental Health and Developmental Disabilities Code. Provides for protections for a minor 11 years of age or younger who is admitted to a mental health facility for inpatient treatment. Provides a mental health facility that violates these provisions shall pay a civil penalty to the Department of Human Services. LRB103 29801 SPS 56208 b LRB103 29801 SPS 56208 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3728 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED:
3	3	405 ILCS 5/3-512 new 405 ILCS 5/3-512 new
4	4	405 ILCS 5/3-512 new
5	5	Amends the Mental Health and Developmental Disabilities Code. Provides for protections for a minor 11 years of age or younger who is admitted to a mental health facility for inpatient treatment. Provides a mental health facility that violates these provisions shall pay a civil penalty to the Department of Human Services.
6	6	LRB103 29801 SPS 56208 b LRB103 29801 SPS 56208 b
7	7	LRB103 29801 SPS 56208 b
8	8	A BILL FOR
9	9	HB3728LRB103 29801 SPS 56208 b HB3728 LRB103 29801 SPS 56208 b
10	10	HB3728 LRB103 29801 SPS 56208 b
11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Mental Health and Developmental
15	15	5 Disabilities Code is amended by adding Section 3-512 as
16	16	6 follows:
17	17	7 (405 ILCS 5/3-512 new)
18	18	8 Sec. 3-512. Protections for minors 11 years of age or
19	19	9 younger admitted to a mental health facility.
20	20	10 (a) A minor 11 years of age or younger who is admitted to a
21	21	11 mental health facility for inpatient treatment shall not:
22	22	12 (1) Be asked to consent to any medical testing,
23	23	13 including, but not limited to, COVID-19 testing, blood
24	24	14 tests, urine tests, or any other test on or about his or
25	25	15 her person, other than an external temperature test,
26	26	16 unless prior written consent of the minor's parent or
27	27	17 guardian is obtained. If the tests are consented to by the
28	28	18 parent or guardian, he or she shall have the right to be
29	29	19 present or to speak to the minor by telephone, telehealth,
30	30	20 or video conference, unless the minor is in immediate
31	31	21 danger of death.
32	32	22 (2) Be threatened with sedation, guns, tasers,
33	33	23 isolation, or restraint if he or she is not posing a
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3728 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED:
38	38	405 ILCS 5/3-512 new 405 ILCS 5/3-512 new
39	39	405 ILCS 5/3-512 new
40	40	Amends the Mental Health and Developmental Disabilities Code. Provides for protections for a minor 11 years of age or younger who is admitted to a mental health facility for inpatient treatment. Provides a mental health facility that violates these provisions shall pay a civil penalty to the Department of Human Services.
41	41	LRB103 29801 SPS 56208 b LRB103 29801 SPS 56208 b
42	42	LRB103 29801 SPS 56208 b
43	43	A BILL FOR
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49	49	405 ILCS 5/3-512 new
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68	68	1 physical threat to another person or property. The minor's
69	69	2 refusal to allow a test or take a medication prescribed at
70	70	3 the facility shall not be considered a physical threat to
71	71	4 another person or property. If the minor refuses to take a
72	72	5 life sustaining medication, such as insulin, a medical
73	73	6 professional shall be contacted to help the minor with
74	74	7 administration of the medication. Refusal by the minor's
75	75	8 parent or guardian to consent to a medical test, or the
76	76	9 minor's refusal to attend a group session, shall not be
77	77	10 considered a physical threat to another person or
78	78	11 property.
79	79	12 (3) Be threatened with force-feeding if he or she do
80	80	13 not want to eat the food provided if his or her refusal is
81	81	14 not related to an admission related to an eating disorder.
82	82	15 (4) Be placed in any groups sessions with minors 13
83	83	16 years of age or older.
84	84	17 (5) Be housed in a room with minors 13 years of age or
85	85	18 older.
86	86	19 (6) Be strip searched without the prior written
87	87	20 consent of the minor's parent or guardian and in the
88	88	21 presence of the parent or guardian. The written consent
89	89	22 shall be on a single page, with large and clear writing,
90	90	23 and include bold lettering to notify the parent or
91	91	24 guardian of the intent to strip search the minor and the
92	92	25 procedure by which it will be performed. The parent or
93	93	26 guardian may refuse to allow a strip search of the minor
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104	104	1 and still have the minor admitted to the facility.
105	105	2 (7) Be denied clothes and comfort items from home,
106	106	3 including, a small blanket, stuffed animal, and photos of
107	107	4 loved ones.
108	108	5 (8) Be moved from an emergency room to an inpatient
109	109	6 facility by an ambulance service, unless:
110	110	7 (A) the minor's parent or guardian is not
111	111	8 available to walk the minor to the inpatient facility;
112	112	9 (B) the minor is physically unable or refuses to
113	113	10 walk to the inpatient facility; or
114	114	11 (C) the minor's parent or guardian does not have
115	115	12 transportation available to drive the minor to the
116	116	13 inpatient facility.
117	117	14 (b) A mental health facility that violates the provisions
118	118	15 of subsection (a) shall pay a civil penalty to the Department
119	119	16 in an amount determined by rule. All proceeds from the
120	120	17 collection of any civil penalty shall be used to provide care
121	121	18 for minors with mental health issues.
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