IL
Illinois House Bill HB5377

Illinois 2023-2024 Regular Session

Illinois House Bill HB5377 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5377 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 50 ILCS 754/4550 ILCS 754/50 Amends the Community Emergency Services and Support Act. Provides that the EMS Medical Directors Committee or a chair appointed in agreement of the Division of Mental Health of the Department of Human Services and the EMS Medical Directors Committee (rather than the EMS Medical Directors Committee) is responsible for convening the meetings of a Regional Advisory Committee. Includes qualifications for the appointed chair. Provides that each Regional Advisory Committee and subregional committee established by the Regional Advisory Committee (rather than each Regional Advisory Committee) is responsible for designing the local protocols to allow its region's or subregion's 9-1-1 call centers (rather than its region's 9-1-1 call center) and emergency responders to coordinate their activities with 9-8-8 as required by the Act and for monitoring current operation to advise on ongoing adjustments to the local protocols. Designates the membership, meetings, and duties of a subregional committee. Makes conforming changes. LRB103 38695 AWJ 68832 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5377 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 50 ILCS 754/4550 ILCS 754/50 50 ILCS 754/45 50 ILCS 754/50 Amends the Community Emergency Services and Support Act. Provides that the EMS Medical Directors Committee or a chair appointed in agreement of the Division of Mental Health of the Department of Human Services and the EMS Medical Directors Committee (rather than the EMS Medical Directors Committee) is responsible for convening the meetings of a Regional Advisory Committee. Includes qualifications for the appointed chair. Provides that each Regional Advisory Committee and subregional committee established by the Regional Advisory Committee (rather than each Regional Advisory Committee) is responsible for designing the local protocols to allow its region's or subregion's 9-1-1 call centers (rather than its region's 9-1-1 call center) and emergency responders to coordinate their activities with 9-8-8 as required by the Act and for monitoring current operation to advise on ongoing adjustments to the local protocols. Designates the membership, meetings, and duties of a subregional committee. Makes conforming changes. LRB103 38695 AWJ 68832 b LRB103 38695 AWJ 68832 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5377 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
3+50 ILCS 754/4550 ILCS 754/50 50 ILCS 754/45 50 ILCS 754/50
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6+Amends the Community Emergency Services and Support Act. Provides that the EMS Medical Directors Committee or a chair appointed in agreement of the Division of Mental Health of the Department of Human Services and the EMS Medical Directors Committee (rather than the EMS Medical Directors Committee) is responsible for convening the meetings of a Regional Advisory Committee. Includes qualifications for the appointed chair. Provides that each Regional Advisory Committee and subregional committee established by the Regional Advisory Committee (rather than each Regional Advisory Committee) is responsible for designing the local protocols to allow its region's or subregion's 9-1-1 call centers (rather than its region's 9-1-1 call center) and emergency responders to coordinate their activities with 9-8-8 as required by the Act and for monitoring current operation to advise on ongoing adjustments to the local protocols. Designates the membership, meetings, and duties of a subregional committee. Makes conforming changes.
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312 1 AN ACT concerning government.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
615 4 Section 5. The Community Emergency Services and Support
7-5 Act is amended by changing Sections 30, 45, 50, and 65 as
8-6 follows:
9-7 (50 ILCS 754/30)
10-8 Sec. 30. State prohibitions. 9-1-1 PSAPs, emergency
11-9 services dispatched through 9-1-1 PSAPs, and the mobile mental
12-10 and behavioral health service established by the Division of
13-11 Mental Health must coordinate their services so that, based on
14-12 the information provided to them, the following State
15-13 prohibitions are avoided:
16-14 (a) Law enforcement responsibility for providing mental
17-15 and behavioral health care. In any area where mobile mental
18-16 health relief providers are available for dispatch, law
19-17 enforcement shall not be dispatched to respond to an
20-18 individual requiring mental or behavioral health care unless
21-19 that individual is (i) involved in a suspected violation of
22-20 the criminal laws of this State, or (ii) presents a threat of
23-21 physical injury to self or others. Mobile mental health relief
24-22 providers are not considered available for dispatch under this
25-23 Section if 9-8-8 reports that it cannot dispatch appropriate
16+5 Act is amended by changing Sections 45 and 50 as follows:
17+6 (50 ILCS 754/45)
18+7 Sec. 45. Regional Advisory Committees.
19+8 (a) The Division of Mental Health shall establish Regional
20+9 Advisory Committees in each EMS Region to advise on regional
21+10 issues related to emergency response systems for mental and
22+11 behavioral health. The Secretary of Human Services shall
23+12 appoint the members of the Regional Advisory Committees. Each
24+13 Regional Advisory Committee shall consist of:
25+14 (1) representatives of the 9-1-1 PSAPs in the region;
26+15 (2) representatives of the EMS Medical Directors
27+16 Committee, as constituted under the Emergency Medical
28+17 Services (EMS) Systems Act, or other similar committee
29+18 serving the medical needs of the jurisdiction;
30+19 (3) representatives of law enforcement officials with
31+20 jurisdiction in the Emergency Medical Services (EMS)
32+21 Regions;
33+22 (4) representatives of both the EMS providers and the
34+23 unions representing EMS or emergency mental and behavioral
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34-1 service within the maximum response times established by each
35-2 Regional Advisory Committee under Section 45.
36-3 (1) Standing on its own or in combination with each
37-4 other, the fact that an individual is experiencing a
38-5 mental or behavioral health emergency, or has a mental
39-6 health, behavioral health, or other diagnosis, is not
40-7 sufficient to justify an assessment that the individual is
41-8 a threat of physical injury to self or others, or requires
42-9 a law enforcement response to a request for emergency
43-10 response or medical transportation.
44-11 (2) If, based on its assessment of the threat to
45-12 public safety, law enforcement would not accompany medical
46-13 transportation responding to a physical health emergency,
47-14 unless requested by mobile mental health relief providers,
48-15 law enforcement may not accompany emergency response or
49-16 medical transportation personnel responding to a mental or
50-17 behavioral health emergency that presents an equivalent
51-18 level of threat to self or public safety.
52-19 (3) Without regard to an assessment of threat to self
53-20 or threat to public safety, law enforcement may station
54-21 personnel so that they can rapidly respond to requests for
55-22 assistance from mobile mental health relief providers if
56-23 law enforcement does not interfere with the provision of
57-24 emergency response or transportation services. To the
58-25 extent practical, not interfering with services includes
59-26 remaining sufficiently distant from or out of sight of the
38+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5377 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
39+50 ILCS 754/4550 ILCS 754/50 50 ILCS 754/45 50 ILCS 754/50
40+50 ILCS 754/45
41+50 ILCS 754/50
42+Amends the Community Emergency Services and Support Act. Provides that the EMS Medical Directors Committee or a chair appointed in agreement of the Division of Mental Health of the Department of Human Services and the EMS Medical Directors Committee (rather than the EMS Medical Directors Committee) is responsible for convening the meetings of a Regional Advisory Committee. Includes qualifications for the appointed chair. Provides that each Regional Advisory Committee and subregional committee established by the Regional Advisory Committee (rather than each Regional Advisory Committee) is responsible for designing the local protocols to allow its region's or subregion's 9-1-1 call centers (rather than its region's 9-1-1 call center) and emergency responders to coordinate their activities with 9-8-8 as required by the Act and for monitoring current operation to advise on ongoing adjustments to the local protocols. Designates the membership, meetings, and duties of a subregional committee. Makes conforming changes.
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70-1 individual receiving care so that law enforcement presence
71-2 is unlikely to escalate the emergency.
72-3 (b) Mobile mental health relief provider involvement in
73-4 involuntary commitment. In order to maintain the appropriate
74-5 care relationship, mobile mental health relief providers shall
75-6 not in any way assist in the involuntary commitment of an
76-7 individual beyond (i) reporting to their dispatching entity or
77-8 to law enforcement that they believe the situation requires
78-9 assistance the mobile mental health relief providers are not
79-10 permitted to provide under this Section; (ii) providing
80-11 witness statements; and (iii) fulfilling reporting
81-12 requirements the mobile mental health relief providers may
82-13 have under their professional ethical obligations or laws of
83-14 this State. This prohibition shall not interfere with any
84-15 mobile mental health relief provider's ability to provide
85-16 physical or mental health care.
86-17 (c) Use of law enforcement for transportation. In any area
87-18 where mobile mental health relief providers are available for
88-19 dispatch, unless requested by mobile mental health relief
89-20 providers, law enforcement shall not be used to provide
90-21 transportation to access mental or behavioral health care, or
91-22 travel between mental or behavioral health care providers,
92-23 except where no alternative is available.
93-24 (d) Reduction of educational institution obligations. The
94-25 services coordinated under this Act may not be used to replace
95-26 any service an educational institution is required to provide
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106-1 to a student. It shall not substitute for appropriate special
107-2 education and related services that schools are required to
108-3 provide by any law.
109-4 (e) This Section is Subsections (a), (c), and (d) are
110-5 operative beginning on the date the 3 conditions in Section 65
111-6 are met or July 1, 2025 2024, whichever is earlier. Subsection
112-7 (b) is operative beginning on July 1, 2024.
113-8 (Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
114-9 (50 ILCS 754/45)
115-10 Sec. 45. Regional Advisory Committees.
116-11 (a) The Division of Mental Health shall establish Regional
117-12 Advisory Committees in each EMS Region to advise on regional
118-13 issues related to emergency response systems for mental and
119-14 behavioral health. The Secretary of Human Services shall
120-15 appoint the members of the Regional Advisory Committees. Each
121-16 Regional Advisory Committee shall consist of:
122-17 (1) representatives of the 9-1-1 PSAPs in the region;
123-18 (2) representatives of the EMS Medical Directors
124-19 Committee, as constituted under the Emergency Medical
125-20 Services (EMS) Systems Act, or other similar committee
126-21 serving the medical needs of the jurisdiction;
127-22 (3) representatives of law enforcement officials with
128-23 jurisdiction in the Emergency Medical Services (EMS)
129-24 Regions;
130-25 (4) representatives of both the EMS providers and the
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71+1 health responders, or both; and
72+2 (5) advocates from the mental health, behavioral
73+3 health, intellectual disability, and developmental
74+4 disability communities.
75+5 If no person is willing or available to fill a member's
76+6 seat for one of the required areas of representation on a
77+7 Regional Advisory Committee under paragraphs (1) through (5),
78+8 the Secretary of Human Services shall adopt procedures to
79+9 ensure that a missing area of representation is filled once a
80+10 person becomes willing and available to fill that seat.
81+11 (b) The majority of advocates on the Regional Advisory
82+12 Committee must either be individuals with a lived experience
83+13 of a condition commonly regarded as a mental health or
84+14 behavioral health disability, developmental disability, or
85+15 intellectual disability or be from organizations primarily
86+16 composed of such individuals. The members of the Committee
87+17 shall also reflect the racial demographics of the jurisdiction
88+18 served. To achieve the requirements of this subsection, the
89+19 Division of Mental Health must establish a clear plan and
90+20 regular course of action to engage, recruit, and sustain areas
91+21 of established participation. The plan and actions taken must
92+22 be shared with the general public.
93+23 (c) Subject to the oversight of the Department of Human
94+24 Services Division of Mental Health, the EMS Medical Directors
95+25 Committee or a chair appointed in agreement of the Division of
96+26 Mental Health and the EMS Medical Directors Committee is
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141-1 unions representing EMS or emergency mental and behavioral
142-2 health responders, or both; and
143-3 (5) advocates from the mental health, behavioral
144-4 health, intellectual disability, and developmental
145-5 disability communities.
146-6 If no person is willing or available to fill a member's
147-7 seat for one of the required areas of representation on a
148-8 Regional Advisory Committee under paragraphs (1) through (5),
149-9 the Secretary of Human Services shall adopt procedures to
150-10 ensure that a missing area of representation is filled once a
151-11 person becomes willing and available to fill that seat.
152-12 (b) The majority of advocates on the Regional Advisory
153-13 Committee must either be individuals with a lived experience
154-14 of a condition commonly regarded as a mental health or
155-15 behavioral health disability, developmental disability, or
156-16 intellectual disability or be from organizations primarily
157-17 composed of such individuals. The members of the Committee
158-18 shall also reflect the racial demographics of the jurisdiction
159-19 served. To achieve the requirements of this subsection, the
160-20 Division of Mental Health must establish a clear plan and
161-21 regular course of action to engage, recruit, and sustain areas
162-22 of established participation. The plan and actions taken must
163-23 be shared with the general public.
164-24 (c) Subject to the oversight of the Department of Human
165-25 Services Division of Mental Health, the EMS Medical Directors
166-26 Committee or a chair appointed in agreement of the Division of
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107+1 responsible for convening the meetings of the committee.
108+2 Qualifications for appointment as chair under this subsection
109+3 include a demonstrated understanding of the tasks of the
110+4 Regional Advisory Committee as well as standing within the
111+5 region as a leader capable of building consensus for the
112+6 purpose of achieving the tasks assigned to the committee.
113+7 Impacted units of local government may also have
114+8 representatives on the committee subject to approval by the
115+9 Division of Mental Health, if this participation is structured
116+10 in such a way that it does not give undue weight to any of the
117+11 groups represented.
118+12 (Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
119+13 (50 ILCS 754/50)
120+14 Sec. 50. Regional Advisory Committee responsibilities.
121+15 Each Regional Advisory Committee and subregional committee
122+16 established by the Regional Advisory Committee are is
123+17 responsible for designing the local protocols protocol to
124+18 allow its region's or subregion's 9-1-1 call centers center
125+19 and emergency responders to coordinate their activities with
126+20 9-8-8 as required by this Act and monitoring current operation
127+21 to advise on ongoing adjustments to the local protocols. A
128+22 subregional committee, which may be convened by a majority
129+23 vote of a Regional Advisory Committee, must include members
130+24 that are representative of all required categories of the full
131+25 Regional Advisory Committee and must provide guidance to the
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177-1 Mental Health and the EMS Medical Directors Committee is
178-2 responsible for convening the meetings of the committee.
179-3 Qualifications for appointment as chair under this subsection
180-4 include a demonstrated understanding of the tasks of the
181-5 Regional Advisory Committee as well as standing within the
182-6 region as a leader capable of building consensus for the
183-7 purpose of achieving the tasks assigned to the committee.
184-8 Impacted units of local government may also have
185-9 representatives on the committee subject to approval by the
186-10 Division of Mental Health, if this participation is structured
187-11 in such a way that it does not give undue weight to any of the
188-12 groups represented.
189-13 (Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
190-14 (50 ILCS 754/50)
191-15 Sec. 50. Regional Advisory Committee responsibilities.
192-16 Each Regional Advisory Committee and subregional committee
193-17 established by the Regional Advisory Committee are is
194-18 responsible for designing the local protocols protocol to
195-19 allow its region's or subregion's 9-1-1 call centers center
196-20 and emergency responders to coordinate their activities with
197-21 9-8-8 as required by this Act and monitoring current operation
198-22 to advise on ongoing adjustments to the local protocols. A
199-23 subregional committee, which may be convened by a majority
200-24 vote of a Regional Advisory Committee, must include members
201-25 that are representative of all required categories of the full
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142+1 Regional Advisory Committees on adjustments that need to be
143+2 made for local level operationalization of protocols protocol.
144+3 Included in this responsibility, each Regional Advisory
145+4 Committee or subregional committee must:
146+5 (1) negotiate the appropriate amendment of each 9-1-1
147+6 PSAP emergency dispatch protocols, in consultation with
148+7 each 9-1-1 PSAP in the EMS Region and consistent with
149+8 national certification requirements;
150+9 (2) set maximum response times for 9-8-8 to provide
151+10 service when an in-person response is required, based on
152+11 type of mental or behavioral health emergency, which, if
153+12 exceeded, constitute grounds for sending other emergency
154+13 responders through the 9-1-1 system;
155+14 (3) report, geographically by police district if
156+15 practical, the data collected through the direction
157+16 provided by the Statewide Advisory Committee in
158+17 aggregated, non-individualized monthly reports. These
159+18 reports shall be available to the Regional Advisory
160+19 Committee members, subregional committee members, the
161+20 Department of Human Service Division of Mental Health, the
162+21 Administrator of the 9-1-1 Authority, and to the public
163+22 upon request;
164+23 (4) convene, after the initial regional policies are
165+24 established, at least every 2 years to consider amendment
166+25 of the regional policies, if any, and also convene
167+26 whenever a member of the Committee requests that the
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212-1 Regional Advisory Committee and must provide guidance to the
213-2 Regional Advisory Committees on adjustments that need to be
214-3 made for local level operationalization of protocols protocol.
215-4 Included in this responsibility, each Regional Advisory
216-5 Committee or subregional committee must:
217-6 (1) negotiate the appropriate amendment of each 9-1-1
218-7 PSAP emergency dispatch protocols, in consultation with
219-8 each 9-1-1 PSAP in the EMS Region and consistent with
220-9 national certification requirements;
221-10 (2) set maximum response times for 9-8-8 to provide
222-11 service when an in-person response is required, based on
223-12 type of mental or behavioral health emergency, which, if
224-13 exceeded, constitute grounds for sending other emergency
225-14 responders through the 9-1-1 system;
226-15 (3) report, geographically by police district if
227-16 practical, the data collected through the direction
228-17 provided by the Statewide Advisory Committee in
229-18 aggregated, non-individualized monthly reports. These
230-19 reports shall be available to the Regional Advisory
231-20 Committee members, subregional committee members, the
232-21 Department of Human Service Division of Mental Health, the
233-22 Administrator of the 9-1-1 Authority, and to the public
234-23 upon request;
235-24 (4) convene, after the initial regional policies are
236-25 established, at least every 2 years to consider amendment
237-26 of the regional policies, if any, and also convene
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248-1 whenever a member of the Committee requests that the
249-2 Committee or subregional committee consider an amendment;
250-3 and
251-4 (5) identify regional resources and supports for use
252-5 by the mobile mental health relief providers as they
253-6 respond to the requests for services.
254-7 (Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
255-8 (50 ILCS 754/65)
256-9 Sec. 65. PSAP and emergency service dispatched through a
257-10 9-1-1 PSAP; coordination of activities with mobile and
258-11 behavioral health services. Each 9-1-1 PSAP and emergency
259-12 service dispatched through a 9-1-1 PSAP must begin
260-13 coordinating its activities with the mobile mental and
261-14 behavioral health services established by the Division of
262-15 Mental Health once all 3 of the following conditions are met,
263-16 but not later than July 1, 2025 2024:
264-17 (1) the Statewide Committee has negotiated useful
265-18 protocol and 9-1-1 operator script adjustments with the
266-19 contracted services providing these tools to 9-1-1 PSAPs
267-20 operating in Illinois;
268-21 (2) the appropriate Regional Advisory Committee has
269-22 completed design of the specific 9-1-1 PSAP's process for
270-23 coordinating activities with the mobile mental and
271-24 behavioral health service; and
272-25 (3) the mobile mental and behavioral health service is
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283-1 available in their jurisdiction.
284-2 (Source: P.A. 102-580, eff. 1-1-22; 102-1109, eff. 12-21-22;
285-3 103-105, eff. 6-27-23.)
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