HB5586 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5586

 

Introduced 2/15/2012, by Rep. Kimberly du Buclet

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 110/4  from Ch. 91 1/2, par. 804

    Amends the Mental Health and Developmental Disabilities Confidentiality Act. Authorizes the inspection and copying of mental health services records of a recipient of such services by a law enforcement officer who has lawfully arrested the recipient, if the officer has (i) a reasonable suspicion that the recipient is suffering from mental illness and (ii) a reasonable belief that the recipient may benefit from treatment in a mental health facility rather than placement in a correctional institution, jail, juvenile correctional facility, or juvenile detention facility. Provides that the information disclosable under this provision is limited to whether the recipient is receiving mental health services from a mental health facility or has received such services within the preceding 6 months and may not be redisclosed by the law enforcement officer except as provided by law.


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A BILL FOR

 

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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Confidentiality Act is amended by changing
6Section 4 as follows:
 
7    (740 ILCS 110/4)  (from Ch. 91 1/2, par. 804)
8    Sec. 4. (a) The following persons shall be entitled, upon
9request, to inspect and copy a recipient's record or any part
10thereof:
11        (1) the parent or guardian of a recipient who is under
12    12 years of age;
13        (2) the recipient if he is 12 years of age or older;
14        (3) the parent or guardian of a recipient who is at
15    least 12 but under 18 years, if the recipient is informed
16    and does not object or if the therapist does not find that
17    there are compelling reasons for denying the access. The
18    parent or guardian who is denied access by either the
19    recipient or the therapist may petition a court for access
20    to the record. Nothing in this paragraph is intended to
21    prohibit the parent or guardian of a recipient who is at
22    least 12 but under 18 years from requesting and receiving
23    the following information: current physical and mental

 

 

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1    condition, diagnosis, treatment needs, services provided,
2    and services needed, including medication, if any;
3        (4) the guardian of a recipient who is 18 years or
4    older;
5        (5) an attorney or guardian ad litem who represents a
6    minor 12 years of age or older in any judicial or
7    administrative proceeding, provided that the court or
8    administrative hearing officer has entered an order
9    granting the attorney this right;
10        (6) an agent appointed under a recipient's power of
11    attorney for health care or for property, when the power of
12    attorney authorizes the access;
13        (7) an attorney-in-fact appointed under the Mental
14    Health Treatment Preference Declaration Act; or
15        (8) any person in whose care and custody the recipient
16    has been placed pursuant to Section 3-811 of the Mental
17    Health and Developmental Disabilities Code; or .
18        (9) a law enforcement officer who has lawfully arrested
19    the recipient, if the officer has (i) a reasonable
20    suspicion that the recipient is suffering from mental
21    illness and (ii) a reasonable belief that the recipient may
22    benefit from treatment in a mental health facility as
23    defined in the Mental Health and Developmental
24    Disabilities Code rather than placement in a correctional
25    institution, jail, juvenile correctional facility, or
26    juvenile detention facility; the information disclosable

 

 

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1    under this paragraph (9) is limited to whether the
2    recipient is receiving mental health services from a mental
3    health facility or has received such services within the
4    preceding 6 months and may not be redisclosed by the law
5    enforcement officer except as provided by law.
6    (b) Assistance in interpreting the record may be provided
7without charge and shall be provided if the person inspecting
8the record is under 18 years of age. However, access may in no
9way be denied or limited if the person inspecting the record
10refuses the assistance. A reasonable fee may be charged for
11duplication of a record. However, when requested to do so in
12writing by any indigent recipient, the custodian of the records
13shall provide at no charge to the recipient, or to the
14Guardianship and Advocacy Commission, the agency designated by
15the Governor under Section 1 of the Protection and Advocacy for
16Developmentally Disabled Persons Act or to any other
17not-for-profit agency whose primary purpose is to provide free
18legal services or advocacy for the indigent and who has
19received written authorization from the recipient under
20Section 5 of this Act to receive his records, one copy of any
21records in its possession whose disclosure is authorized under
22this Act.
23    (c) Any person entitled to access to a record under this
24Section may submit a written statement concerning any disputed
25or new information, which statement shall be entered into the
26record. Whenever any disputed part of a record is disclosed,

 

 

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1any submitted statement relating thereto shall accompany the
2disclosed part. Additionally, any person entitled to access may
3request modification of any part of the record which he
4believes is incorrect or misleading. If the request is refused,
5the person may seek a court order to compel modification.
6    (d) Whenever access or modification is requested, the
7request and any action taken thereon shall be noted in the
8recipient's record.
9(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)