Illinois 2023-2024 Regular Session

Illinois House Bill HB5631 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 HB5631 Introduced 2/9/2024, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 405 ILCS 5/1-116.1 new405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108 Amends the Mental Health and Developmental Disabilities Code. Prohibits the use of a lethal restraint as a therapeutic measure to prevent a recipient from causing physical harm to himself or physical abuse to others or for any other purpose. Defines "lethal restraint" as a restraint the use of which may lead to the death or severe injury of the person being restrained. LRB103 35846 RLC 65931 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5631 Introduced 2/9/2024, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 405 ILCS 5/1-116.1 new405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108 405 ILCS 5/1-116.1 new 405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108 Amends the Mental Health and Developmental Disabilities Code. Prohibits the use of a lethal restraint as a therapeutic measure to prevent a recipient from causing physical harm to himself or physical abuse to others or for any other purpose. Defines "lethal restraint" as a restraint the use of which may lead to the death or severe injury of the person being restrained. LRB103 35846 RLC 65931 b LRB103 35846 RLC 65931 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5631 Introduced 2/9/2024, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
3	3	405 ILCS 5/1-116.1 new405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108 405 ILCS 5/1-116.1 new 405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108
4	4	405 ILCS 5/1-116.1 new
5	5	405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108
6	6	Amends the Mental Health and Developmental Disabilities Code. Prohibits the use of a lethal restraint as a therapeutic measure to prevent a recipient from causing physical harm to himself or physical abuse to others or for any other purpose. Defines "lethal restraint" as a restraint the use of which may lead to the death or severe injury of the person being restrained.
7	7	LRB103 35846 RLC 65931 b LRB103 35846 RLC 65931 b
8	8	LRB103 35846 RLC 65931 b
9	9	A BILL FOR
10	10	HB5631LRB103 35846 RLC 65931 b HB5631 LRB103 35846 RLC 65931 b
11	11	HB5631 LRB103 35846 RLC 65931 b
12	12	1 AN ACT concerning health.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Mental Health and Developmental
16	16	5 Disabilities Code is amended by changing Section 2-108 and by
17	17	6 adding Section 1-116.1 as follows:
18	18	7 (405 ILCS 5/1-116.1 new)
19	19	8 Sec. 1-116.1. Lethal restraint. "Lethal restraint" means a
20	20	9 restraint, as defined in Section 1-125, the use of which may
21	21	10 lead to the death or severe injury of the person being
22	22	11 restrained.
23	23	12 (405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)
24	24	13 Sec. 2-108. Use of restraint; use of lethal restraint
25	25	14 prohibited. Restraint, other than lethal restraint, may be
26	26	15 used only as a therapeutic measure to prevent a recipient from
27	27	16 causing physical harm to himself or physical abuse to others.
28	28	17 Restraint, other than lethal restraint, may only be applied by
29	29	18 a person who has been trained in the application of the
30	30	19 particular type of restraint to be utilized. In no event shall
31	31	20 restraint be utilized to punish or discipline a recipient, nor
32	32	21 is restraint to be used as a convenience for the staff.
33	33	22 (a) Except as provided in this Section, restraint, other
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5631 Introduced 2/9/2024, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
38	38	405 ILCS 5/1-116.1 new405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108 405 ILCS 5/1-116.1 new 405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108
39	39	405 ILCS 5/1-116.1 new
40	40	405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108
41	41	Amends the Mental Health and Developmental Disabilities Code. Prohibits the use of a lethal restraint as a therapeutic measure to prevent a recipient from causing physical harm to himself or physical abuse to others or for any other purpose. Defines "lethal restraint" as a restraint the use of which may lead to the death or severe injury of the person being restrained.
42	42	LRB103 35846 RLC 65931 b LRB103 35846 RLC 65931 b
43	43	LRB103 35846 RLC 65931 b
44	44	A BILL FOR
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50	50	405 ILCS 5/1-116.1 new
51	51	405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108
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70	70	1 than lethal restraint, shall be employed only upon the written
71	71	2 order of a physician, clinical psychologist, clinical social
72	72	3 worker, clinical professional counselor, advanced practice
73	73	4 psychiatric nurse, or registered nurse with supervisory
74	74	5 responsibilities. No restraint shall be ordered unless the
75	75	6 physician, clinical psychologist, clinical social worker,
76	76	7 clinical professional counselor, advanced practice psychiatric
77	77	8 nurse, or registered nurse with supervisory responsibilities,
78	78	9 after personally observing and examining the recipient, is
79	79	10 clinically satisfied that the use of restraint is justified to
80	80	11 prevent the recipient from causing physical harm to himself or
81	81	12 others. In no event may restraint continue for longer than 2
82	82	13 hours unless within that time period a nurse with supervisory
83	83	14 responsibilities, advanced practice psychiatric nurse, or a
84	84	15 physician confirms, in writing, following a personal
85	85	16 examination of the recipient, that the restraint does not pose
86	86	17 an undue risk to the recipient's health in light of the
87	87	18 recipient's physical or medical condition. The order shall
88	88	19 state the events leading up to the need for restraint and the
89	89	20 purposes for which restraint is employed. The order shall also
90	90	21 state the length of time restraint is to be employed and the
91	91	22 clinical justification for that length of time. No order for
92	92	23 restraint shall be valid for more than 16 hours. If further
93	93	24 restraint is required, a new order must be issued pursuant to
94	94	25 the requirements provided in this Section.
95	95	26 (b) In the event there is an emergency requiring the
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106	106	1 immediate use of restraint, other than lethal restraint, it
107	107	2 may be ordered temporarily by a qualified person only where a
108	108	3 physician, clinical psychologist, clinical social worker,
109	109	4 clinical professional counselor, advanced practice psychiatric
110	110	5 nurse, or registered nurse with supervisory responsibilities
111	111	6 is not immediately available. In that event, an order by a
112	112	7 nurse, clinical psychologist, clinical social worker, clinical
113	113	8 professional counselor, advanced practice psychiatric nurse,
114	114	9 or physician shall be obtained pursuant to the requirements of
115	115	10 this Section as quickly as possible, and the recipient shall
116	116	11 be examined by a physician or supervisory nurse within 2 hours
117	117	12 after the initial employment of the emergency restraint.
118	118	13 Whoever orders restraint in emergency situations shall
119	119	14 document its necessity and place that documentation in the
120	120	15 recipient's record.
121	121	16 (c) The person who orders restraint shall inform the
122	122	17 facility director or his designee in writing of the use of
123	123	18 restraint within 24 hours.
124	124	19 (d) The facility director shall review all restraint
125	125	20 orders daily and shall inquire into the reasons for the orders
126	126	21 for restraint by any person who routinely orders them.
127	127	22 (e) Restraint, other than lethal restraint, may be
128	128	23 employed during all or part of one 24 hour period, the period
129	129	24 commencing with the initial application of the restraint.
130	130	25 However, once restraint has been employed during one 24 hour
131	131	26 period, it shall not be used again on the same recipient during
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142	142	1 the next 48 hours without the prior written authorization of
143	143	2 the facility director.
144	144	3 (f) Restraint, other than lethal restraint, shall be
145	145	4 employed in a humane and therapeutic manner and the person
146	146	5 being restrained shall be observed by a qualified person as
147	147	6 often as is clinically appropriate but in no event less than
148	148	7 once every 15 minutes. The qualified person shall maintain a
149	149	8 record of the observations. Specifically, unless there is an
150	150	9 immediate danger that the recipient will physically harm
151	151	10 himself or others, restraint shall be loosely applied to
152	152	11 permit freedom of movement. Further, the recipient shall be
153	153	12 permitted to have regular meals and toilet privileges free
154	154	13 from the restraint, except when freedom of action may result
155	155	14 in physical harm to the recipient or others.
156	156	15 (g) Every facility that employs restraint shall provide
157	157	16 training in the safe and humane application of each type of
158	158	17 restraint employed. The facility shall not authorize the use
159	159	18 of any type of restraint by an employee who has not received
160	160	19 training in the safe and humane application of that type of
161	161	20 restraint. Each facility in which restraint is used shall
162	162	21 maintain records detailing which employees have been trained
163	163	22 and are authorized to apply restraint, the date of the
164	164	23 training and the type of restraint that the employee was
165	165	24 trained to use.
166	166	25 (h) Whenever restraint is imposed upon any recipient whose
167	167	26 primary mode of communication is sign language, the recipient
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178	178	1 shall be permitted to have his hands free from restraint for
179	179	2 brief periods each hour, except when freedom may result in
180	180	3 physical harm to the recipient or others.
181	181	4 (i) A recipient who is restrained may only be secluded at
182	182	5 the same time pursuant to an explicit written authorization as
183	183	6 provided in Section 2-109 of this Code. Whenever a recipient
184	184	7 is restrained, a member of the facility staff shall remain
185	185	8 with the recipient at all times unless the recipient has been
186	186	9 secluded. A recipient who is restrained and secluded shall be
187	187	10 observed by a qualified person as often as is clinically
188	188	11 appropriate but in no event less than every 15 minutes.
189	189	12 (j) Whenever restraint is used, the recipient shall be
190	190	13 advised of his right, pursuant to Sections 2-200 and 2-201 of
191	191	14 this Code, to have any person of his choosing, including the
192	192	15 Guardianship and Advocacy Commission or the agency designated
193	193	16 pursuant to the Protection and Advocacy for Persons with
194	194	17 Developmental Disabilities Act notified of the restraint. A
195	195	18 recipient who is under guardianship may request that any
196	196	19 person of his choosing be notified of the restraint whether or
197	197	20 not the guardian approves of the notice. Whenever the
198	198	21 Guardianship and Advocacy Commission is notified that a
199	199	22 recipient has been restrained, it shall contact that recipient
200	200	23 to determine the circumstances of the restraint and whether
201	201	24 further action is warranted.
202	202	25 (k) Lethal restraint may not be used as a therapeutic
203	203	26 measure to prevent a recipient from causing physical harm to
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