Wednesday, December 5, 2012

Proposed change in the Illinois Mental Health Code

(I'm not writing this as a bill yet, just want to get it written down so I don't forget...)

State law currently defines psychotropic medication:

(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 edition, or Physician's Desk Reference, latest edition, or which are administered for any of these purposes. For the purposes of Sections 2-107, 2-107.1, and 2-107.2 of this Act, "psychotropic medication" also includes those tests and related procedures that are essential for the safe and effective administration of a psychotropic medication. 
(Source: P.A. 89-439, eff. 6-1-96.)

This section could, should be changed to:

"Psychotropic medication" means any drug which is used for antipsychotic, antidepressant, antimanic or antianxiety purposes, and which is listed in AMA Drug Evaluations, latest edition, or Physician's Desk Reference, latest edition. For the purposes of Sections 2-107, 2-107.1, and 2-107.2 of this Act, "psychotropic medication" also includes those tests and related procedures that are essential for the safe and effective administration of a psychotropic medication.

"Psychotropic medication" does not include purely experimental drugs, or drugs which present such risks that, in the opinion of a reasonable, fully-informed patient, those risks would not be outweighed by any likely benefits.

The modification or management of behavior by any individual or agency with coercive authority under the law is a non-medical purpose. Drugs used only for non-medical purposes are not included in the definition of "psychotropic medication".

State law should reflect a difference between medical treatment for the benefit of a patient, and iatrogenic restraint or punishment of criminals for the satisfaction of justice or the security of the community.

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