Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 325 - ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS TO CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE
Section 325.80 - Violations of this Part
Universal Citation: 89 IL Admin Code ยง 325.80
Current through Register Vol. 48, No. 38, September 20, 2024
a) Violations by Physicians
1) For psychotropic
medications that were started without consent, the Psychotropic Medication
Consent Form from the Centralized Consent Unit shall indicate that it is a
violation of this Part to prescribe a psychotropic medication to a foster child
without the consent of the Guardian.
2) A first warning letter from the
Department's Division of Guardian and Advocacy shall be sent to physicians who
have received five such notifications. The letter shall inform the physician
that it is a violation of this Part to prescribe a psychotropic medication to a
foster child without the consent of the Guardian and that any further
violations of this Part may result in a complaint being filed with the Illinois
Department of Financial and Professional Regulation.
3) A second warning letter from the Division
of Guardian and Advocacy shall be sent to any physician who has received an
additional five such notifications. The letter shall inform the physician that
it is a violation of this Part to prescribe a psychotropic medication to a
foster child without the consent of the Guardian and that any further
violations of this Part shall result in a complaint being filed with the
Illinois Department of Financial and Professional Regulation.
4) A Violation Notification letter from the
Division of Guardian and Advocacy shall be sent to any physician who has
received an additional such notification. The letter shall inform the physician
that the Guardian is lodging a complaint with the Illinois Department of
Financial and Professional Regulation. The Guardian shall notify the Illinois
Department of Financial and Professional Regulation by certified mail that the
physician has repeatedly violated the consent requirement of this
Part.
b) Violations by Group Homes and Residential Treatment Facilities
1) For psychotropic medications that were
started without consent, the Psychotropic Medication Consent Form from the
Centralized Consent Unit shall indicate that it is a violation of this Part to
prescribe a psychotropic medication to a foster child without the consent of
the Guardian.
2) A first warning
letter from the Division of Guardian and Advocacy shall be sent to group homes
and residential treatment facilities (institutions) who have received 10
warning letters. The letter shall inform the institution that it is a violation
of this Part to prescribe a psychotropic medication to a foster child without
the consent of the Guardian and that any further violations of this Part may
result in a licensing complaint being filed with the DCFS Division of
Monitoring.
3) A second warning
letter from the Division of Guardian and Advocacy shall be sent to institutions
who have received an additional 10 warning letters. The letter shall inform the
institution that it is a violation of this Part to prescribe a psychotropic
medication to a foster child without the consent of the Guardian and that any
further violations of this Part shall result in a licensing complaint being
filed with the Division of Monitoring.
4) A Violation Notification letter from the
Division of Guardian and Advocacy shall be sent to any institution that has
received an additional notification. The letter shall inform the Director of
the institution that the Guardian is lodging a licensing complaint with the
Division of Monitoring. The Guardian shall notify the Division of Monitoring
that the institution has repeatedly violated the consent requirement of this
Part.
c) Violations by Psychiatric Hospitals or Psychiatric Units
1)
For psychotropic medications that were started without consent, the
Psychotropic Medication Consent Form from the Centralized Consent Unit shall
indicate that it is a violation of this Part to prescribe a psychotropic
medication to a foster child without the consent of the Guardian.
2) A first warning letter from the Division
of Guardian and Advocacy shall be sent to psychiatric hospitals or psychiatric
units (hospitals) who have received 10 warning letters. The letter shall inform
the hospital that it is a violation of this Part to prescribe a psychotropic
medication to a foster child without the consent of the Guardian and that any
further violations of this Part may result in a licensing complaint being filed
with the Illinois Department of Public Health.
3) A second warning letter from the Division
of Guardian and Advocacy shall be sent to hospitals who have received an
additional 10 warning letters. The letter shall inform the hospital that it is
a violation of this Part to prescribe a psychotropic medication to a foster
child without the consent of the Guardian and that any further violations of
this Part shall result in a licensing complaint being filed with the Illinois
Department of Public Health.
4) A
Violation Notification letter from the Division of Guardian and Advocacy shall
be sent to any hospital that has received an additional notification. The
letter shall inform the Director of the hospital that the Guardian is lodging a
complaint with the Illinois Department of Public Health as a licensing
violation. The Guardian shall notify the Illinois Department of Public Health
by certified mail that the hospital has repeatedly violated the consent
requirement of this Part.
d) Notice to Guardian ad Litem
The Guardian shall notify the guardian ad litem appointed pursuant to Section 2-17 of the Juvenile Court Act of 1987 [705 ILCS 405/2.17 ] of a ward who has been administered a psychotropic medication in violation of this Part when the guardian ad litem has requested notification and provides the Department with documentation verifying that, pursuant to the Mental Health and Developmental Disabilities Confidentiality Act, the court has entered an order granting the guardian ad litem authority to receive and review this information or with a properly executed consent. [20 ILCS 535/10(e)]
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