HB5351 Summary

• Amends the Mental Health and Developmental Disabilities Code to allow psychotropic medication and electroconvulsive therapy to be administered to adults without informed consent through court petition and hearing procedures.

• Requires petitioner to make good faith attempt to locate any existing power of attorney for health care or mental health treatment declaration, and must deliver petition and hearing notice to respondent at least 3 days prior to hearing (or via facsimile with 24-hour acknowledgment requirement).

• Establishes that court must hold hearing within 7 days of petition filing, with parties entitled to continuances of up to 7 days as of right, and additional continuances up to 21 days in discretionary circumstances.

• Requires clear and convincing evidence of seven factors before authorizing treatment: serious mental illness, current functional deterioration/suffering/threatening behavior, illness duration, benefits outweigh harms, recipient lacks decision-making capacity, less restrictive services explored and found inappropriate, and (if applicable) testing is essential to safe administration.

• Limits initial court orders to 90 days maximum; second 90-day period may be authorized, followed by unlimited 180-day periods; establishes court authority over persons subject to involuntary outpatient admission and requires annual training for physicians and nurses at state mental health facilities.