Section Activities Summary

ISBA Central Discussions

Legislation

The Section Council reviewed 107 bills that may affect their members’ practice area. Highlights of the most recent legislative session include:

• House Bill 2387 amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction over all persons who are subject to involuntary admission on an outpatient basis under the Admission On An Outpatient Basis By Court Order Article of the Code. Provides that, unless the respondent is charged with a felony, an order of care and custody may grant the custodian the authority to consent to the admission of (rather than admit) a respondent to a hospital if the respondent fails to comply with the conditions of the order. Provides that noncompliance with an order placing the respondent in the care and custody of a relative or other person willing and able to properly care for him or her or committing the respondent to alternative treatment at a community mental health provider shall not be a basis for a finding of contempt.
• House Bill 2994 amends the Mental Health and Developmental Disabilities Confidentiality Act to provide that those entitled to inspect and copy a recipient's record include the parent or guardian of a minor, regardless of the minor's age, if the minor is involved in special education services under the School Code, and only for the purpose of inspecting and copying a record of the specific mental health or developmental services that the parent or guardian consented to on the recipient's behalf for special education services; or the "designated representative" of a student over the age of 18 involved in special education services under the School Code.
• Senate Bill 1411 amends the Illinois Living Will Act. Provides that the Illinois Power of Attorney Act governs the applicability of the Act if a patient has a health care agency. Provides that notwithstanding any other provision in the Illinois Living Will Act, a declaration is not operative as long as an agent is available who is authorized to make decisions concerning life-sustaining or death delaying procedures for the patient. Provides that a physician, health care provider, employee, or facility may not require the execution of a POLST or other similar form to make effective the qualified patient's declaration if a patient has been determined to be a qualified patient. Provides that a physician, health care provider, employee, or facility may rely on and must comply with a qualified patient's declaration that is apparent and immediately available if a patient has been determined to be a qualified patient. Provides that nothing in the Act impairs or supersedes a surrogate decision maker's authority to make decisions regarding life-sustaining treatment on behalf of a patient who lacks decisional capacity and has a qualifying condition as defined in the Health Care Surrogate Act. Provides that a declaration under the Illinois Living Will Act becomes operative when: (1) it has been validly executed; (2) it has not been properly revoked; (3) the patient is unable to give directions regarding the use of life-sustaining or death delaying procedures; and (4) the patient is a qualified patient.