HB 100

Abstract

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the facility director of the Chester Mental Health Center may authorize the temporary use of transport devices on a civil recipient when necessary in the course of transport of the civil recipient outside the facility to maintain custody or security. Provides that the use of transport devices shall be reviewed and approved by a physician based upon a determination of the civil recipient's current functioning level, prior experience during similar transports, length, duration and purpose of trip, risk of unauthorized absence and risk of violence. Provides that staff transporting the individual shall be trained in the use of the transport devices and shall observe and monitor the individual while being transported. Provides that the facility shall keep a monthly record listing each instance in which transport devices are used, circumstances indicating the need for use of transport devices, and time of application of transport devices and time of release from those devices. Provides that the facility director shall allow the Illinois Guardianship and Advocacy Commission, the agency designated by the Governor under the Protection and Advocacy for Developmentally Disabled Persons Act, and the Department of Human Services to examine and copy the record upon request. Provides that this use of transport devices shall not be considered restraint as defined in the Mental Health and Developmental Disabilities Code. Effective immediately.