For the purposes of this Act, the following terms shall have the following meanings unless the context clearly requires otherwise:
- (1) "Mentally ill person" means an individual who has a significant mental illness or emotional impairment as determined by a mental health professional qualified under the laws and regulations of this State and who is receiving care or treatment.
- (2) "Abuse" means any act or failure to act by an employee of a facility rendering care or treatment, which act or failure was performed knowingly, recklessly or with intentional disregard for the rights of a mentally ill person, and which caused, or may have caused, injury to a mentally ill person, and includes but is not limited to acts such as:
- (1) the rape or sexual assault of a mentally ill person;
- (2) the striking of a mentally ill person;
- (3) the use of excessive force when placing a mentally ill person in bodily restraints; and
- (4) the use of bodily or chemical restraints on a mentally ill person which is not in compliance with federal and State laws and regulations.
- (3) "Neglect" means a negligent act or omission by any individual responsible for providing services in a facility rendering care or treatment, which caused or may have caused injury to a mentally ill person or which placed a mentally ill person at risk of injury and includes an act or omission such as failure to establish or carry out an appropriate individual program plan or treatment plan for a mentally ill person; the failure to provide adequate nutrition, clothing or health care to a mentally ill person; or the failure to provide a safe environment for a mentally ill person.
- (4) "Authorized agency" or "agency" means the agency designated by the Governor pursuant to Section 1 of this Act.
(from Ch. 91 1/2, par. 1352)
(Source: P.A. 85-623.)