Chapter 405 — MENTAL HEALTH, BEHAVIORAL HEALTH, AND DEVELOPMENTAL DISABILITIES

(405 ILCS 5/1-100) (from Ch. 91 1/2, par. 1-100) Sec. 1-100. This Act shall be known and may be cited as the "Mental Health and Developmental Disabilities Code". (Source: P.A. 80-1414.)

(405 ILCS 5/1-101) (from Ch. 91 1/2, par. 1-101) Sec. 1-101. As used in this Act, unless the context otherwise requires, the terms defined in this Chapter have the meanings ascribed to them herein. (Source: P.A. 80-1414.)

(405 ILCS 5/1-101.1) (from Ch. 91 1/2, par. 1-101.1) Sec. 1-101.1. "Abuse" means any physical injury, sexual abuse, or mental injury inflicted on a recipient of services other than by accidental means. (Source: P.A. 86-1013.)

(405 ILCS 5/1-101.2) Sec. 1-101.2. "Adequate and humane care and services" means services reasonably calculated to result in a significant improvement of the condition of a recipient of services confined in an inpatient mental health facility so that he or she may be released or …

(405 ILCS 5/1-101.3) Sec. 1-101.3. Advanced practice psychiatric nurse. "Advanced practice psychiatric nurse" means a nurse who is licensed to practice as an advanced practice registered nurse under Section 65-5 of the Nurse Practice Act and has been certified by the American Nur…

(405 ILCS 5/1-102) (from Ch. 91 1/2, par. 1-102) Sec. 1-102. "Care and custody" means authorization to an appropriate person, with his consent, to provide or arrange for proper and adequate treatment of another person who is subject to involuntary admission but does not include t…

(405 ILCS 5/1-102.1) Sec. 1-102.1. "Clinical professional counselor" means a person licensed as a clinical professional counselor in accordance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. (Source: P.A. 98-724, eff. 7-16-14.)

(405 ILCS 5/1-103) (from Ch. 91 1/2, par. 1-103) Sec. 1-103. "Clinical psychologist" means a person licensed by the Department of Financial and Professional Regulation under the Clinical Psychologist Licensing Act. (Source: P.A. 98-75, eff. 7-15-13.)

(405 ILCS 5/1-104) (from Ch. 91 1/2, par. 1-104) Sec. 1-104. "Facility director" means the chief officer of a mental health or developmental disabilities facility or his designee or the supervisor of a program of treatment or habilitation, or his designee. Designee may include a …

(405 ILCS 5/1-104.5) Sec. 1-104.5. (Repealed). (Source: P.A. 95-602, eff. 6-1-08. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

(405 ILCS 5/1-105) (from Ch. 91 1/2, par. 1-105) Sec. 1-105. "Department" means the Department of Human Services in its capacity as successor to the Department of Mental Health and Developmental Disabilities. Unless the context otherwise requires, direct or indirect references in…

(405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106) Sec. 1-106. "Developmental disability" means a severe, chronic disability, other than mental illness, found to be closely related to an intellectual disability because this condition results in impairment of general intellectual fu…

(405 ILCS 5/1-107) (from Ch. 91 1/2, par. 1-107) Sec. 1-107. "Developmental disability facility" means a facility or section thereof which is licensed or operated by or under contract with the State or a political subdivision thereof and which admits persons with a developmental …

(405 ILCS 5/1-108) (from Ch. 91 1/2, par. 1-108) Sec. 1-108. "Secretary" means the Secretary of Human Services. (Source: P.A. 89-507, eff. 7-1-97.)

(405 ILCS 5/1-109) (from Ch. 91 1/2, par. 1-109) Sec. 1-109. "Discharge" means the full release of any person admitted or otherwise detained under this Act from treatment, habilitation, or care and custody. (Source: P.A. 80-1414.)

(405 ILCS 5/1-110) (from Ch. 91 1/2, par. 1-110) Sec. 1-110. "Guardian" means the court appointed guardian or conservator of the person. (Source: P.A. 80-1414.)

(405 ILCS 5/1-110.5) Sec. 1-110.5. "Substitute decision maker" means a person who possesses the authority to make decisions under the Powers of Attorney for Health Care Law or under the Mental Health Treatment Preference Declaration Act. (Source: P.A. 91-726, eff. 6-2-00.)

(405 ILCS 5/1-111) (from Ch. 91 1/2, par. 1-111) Sec. 1-111. "Habilitation" means an effort directed toward the alleviation of a developmental disability or toward increasing a person with a developmental disability's level of physical, mental, social or economic functioning. Hab…

(405 ILCS 5/1-112) (from Ch. 91 1/2, par. 1-112) Sec. 1-112. "Hospitalization" means the treatment of a person by a mental health facility as an inpatient. (Source: P.A. 80-1414.)

(405 ILCS 5/1-113) (from Ch. 91 1/2, par. 1-113) Sec. 1-113. "Licensed private hospital" means any privately owned home, hospital, or institution, or any section thereof which is licensed by the Department of Public Health and which provides treatment for persons with mental illn…

(405 ILCS 5/1-113.5) Sec. 1-113.5. "Long-acting psychotropic medications" means psychotropic medications, including but not limited to Haldol Decanoate and Prolixin Decanoate, that are designed so that a single dose will have an intended clinical effect for a period of at least 4…

(405 ILCS 5/1-114) (from Ch. 91 1/2, par. 1-114) Sec. 1-114. "Mental health facility" means any licensed private hospital, institution, or facility or section thereof, and any facility, or section thereof, operated by the State or a political subdivision thereof for the treatment…

(405 ILCS 5/1-114.1) Sec. 1-114.1. "State-operated mental health facility" means a mental health facility operated by the Department. (Source: P.A. 88-484.)

(405 ILCS 5/1-114.2) Sec. 1-114.2. (Repealed). (Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)

(405 ILCS 5/1-114.3) Sec. 1-114.3. (Repealed). (Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)

(405 ILCS 5/1-114.4) Sec. 1-114.4. (Repealed). (Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)

(405 ILCS 5/1-114.5) Sec. 1-114.5. (Repealed). (Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)

(405 ILCS 5/1-115) (from Ch. 91 1/2, par. 1-115) Sec. 1-115. "Mental health or developmental disability services" or "services" means treatment or habilitation. (Source: P.A. 80-1414.)

(405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116) Sec. 1-116. Intellectual disability. "Intellectual disability" means a disorder with onset during the developmental period (before the individual reaches age 22), that includes both intellectual and adaptive deficits in conceptual,…

(405 ILCS 5/1-117) (from Ch. 91 1/2, par. 1-117) Sec. 1-117. "Minor" means a person under 18 years of age. (Source: P.A. 80-1414.)

(405 ILCS 5/1-117.1) (from Ch. 91 1/2, par. 1-117.1) Sec. 1-117.1. "Neglect" means the failure to provide adequate medical or personal care or maintenance to a recipient of services, which failure results in physical or mental injury to a recipient or in the deterioration of a re…

(405 ILCS 5/1-118) (from Ch. 91 1/2, par. 1-118) Sec. 1-118. "Peace officer" means any sheriff, police officer, or other person deputized by proper authority to serve as a peace officer. (Source: P.A. 80-1414.)

(405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119) Sec. 1-119. "Person subject to involuntary admission on an inpatient basis" means: (1) A person with mental illness who because of his or her illness is reasonably expected, unless treated on an inpatient basis, to engage in conduc…

(405 ILCS 5/1-119.1) Sec. 1-119.1. "Person subject to involuntary admission on an outpatient basis" means: (1) A person who would meet the criteria for admission on an inpatient basis as specified in Section 1-119 in the absence of treatment on an outpatient basis and for whom tr…

(405 ILCS 5/1-120) (from Ch. 91 1/2, par. 1-120) Sec. 1-120. "Physician" means any person licensed by the State of Illinois to practice medicine in all its branches and includes any person holding a temporary license, as provided in the Medical Practice Act of 1987. Physician inc…

(405 ILCS 5/1-120.1) Sec. 1-120.1. Physician assistant. "Physician assistant" means a person who is licensed as a physician assistant under the Physician Assistant Practice Act of 1987 and is authorized to practice under a collaborating physician. (Source: P.A. 104-270, eff. 8-15…

(405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121) Sec. 1-121. "Psychiatrist" means a physician as defined in the first sentence of Section 1-120 who has successfully completed a residency program in psychiatry accredited by either the Accreditation Council for Graduate Medical Edu…

(405 ILCS 5/1-121.1) (from Ch. 91 1/2, par. 1-121.1) Sec. 1-121.1. "Psychotropic medication" means medication whose use for antipsychotic, antidepressant, antimanic, antianxiety, behavioral modification or behavioral management purposes is listed in AMA Drug Evaluations, latest e…

(405 ILCS 5/1-121.5) Sec. 1-121.5. (Repealed). (Source: P.A. 90-538, eff. 12-1-97. Repealed by P.A. 95-172, eff. 8-14-07.)

(405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122) Sec. 1-122. Qualified examiner. "Qualified examiner" means a person who is: (a) a Clinical social worker as defined in this Act and who is also a licensed clinical social worker licensed under the Clinical Social Work and Social Wo…

(405 ILCS 5/1-122.1) (from Ch. 91 1/2, par. 1-122.1) Sec. 1-122.1. "Clinical social worker" means a person who (1) has a master's or doctoral degree in social work from an accredited graduate school of social work and (2) has at least 3 years of supervised post-master's clinical …

(405 ILCS 5/1-122.4) (from Ch. 91 1/2, par. 1-122.4) Sec. 1-122.4. "Qualified intellectual disabilities professional" as used in this Act means those persons who meet this definition under Section 483.430 of Chapter 42 of the Code of Federal Regulations, subpart G. (Source: P.A. …

(405 ILCS 5/1-123) (from Ch. 91 1/2, par. 1-123) Sec. 1-123. "Recipient of services" or "recipient" means a person who has received or is receiving treatment or habilitation. (Source: P.A. 80-1414.)

(405 ILCS 5/1-124) (from Ch. 91 1/2, par. 1-124) Sec. 1-124. "Responsible relative" means the spouse or, if the recipient is under 18 years of age, parent of a recipient or client receiving services in facilities or programs of the Department. However, if the definition of "respo…

(405 ILCS 5/1-125) (from Ch. 91 1/2, par. 1-125) Sec. 1-125. "Restraint" means direct restriction through mechanical means or personal physical force of the limbs, head or body of a recipient. The partial or total immobilization of a recipient for the purpose of performing a medi…

(405 ILCS 5/1-126) (from Ch. 91 1/2, par. 1-126) Sec. 1-126. "Seclusion" means the sequestration by placement of a recipient alone in a room which he has no means of leaving. The restriction of a recipient to a given area or room as part of a behavior modification program which h…

(405 ILCS 5/1-127) (from Ch. 91 1/2, par. 1-127) Sec. 1-127. "Service provider" means any mental health or developmental disabilities facility, or any other person which is devoted in whole or part to providing mental health or developmental disabilities services. (Source: P.A. 8…

(405 ILCS 5/1-128) (from Ch. 91 1/2, par. 1-128) Sec. 1-128. "Treatment" means an effort to accomplish an improvement in the mental condition or related behavior of a recipient. Treatment includes, but is not limited to, hospitalization, partial hospitalization, outpatient servic…

(405 ILCS 5/1-129) Sec. 1-129. Mental illness. "Mental illness" means a mental, or emotional disorder that substantially impairs a person's thought, perception of reality, emotional process, judgment, behavior, or ability to cope with the ordinary demands of life, but does not in…

(405 ILCS 5/2-100) (from Ch. 91 1/2, par. 2-100) Sec. 2-100. (a) No recipient of services shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of the recei…