Public Act 100-0614
 
HB1443 EnrolledLRB100 03174 MJP 13179 b



    AN ACT concerning health.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Mental Health and Developmental 
Disabilities Code is amended by adding Article 5A to Chapter 
III as follows:
 
    (405 ILCS 5/Ch. III, Art. V-A heading new)
ARTICLE V-A.  RIGHT OF MINORS TO CONSENT TO COUNSELING SERVICES 
OR PSYCHOTHERAPY ON AN OUTPATIENT BASIS

 
    (405 ILCS 5/3-5A-105 new)
    Sec. 3-5A-105. Minors 12 years of age or older request to 
receive
counseling services or psychotherapy on an outpatient 
basis.
    (a) Any minor 12 years of age or older may request and 
receive
counseling services or psychotherapy on an outpatient 
basis.  The consent
of the minor's parent, guardian, or person 
in loco parentis shall not be necessary
to authorize outpatient 
counseling services or psychotherapy. However, until the 
consent of the minor's parent, guardian,
or person in loco 
parentis has been obtained, outpatient counseling services or

psychotherapy provided to a minor under the age of 17
shall be 
initially limited to not more than 8 90-minute sessions. The 
service provider shall consider the factors contained in 
subsection (a-1) of this Section throughout the therapeutic 
process to determine, through consultation with the minor, 
whether attempting to obtain the consent of a parent, guardian, 
or person in loco parentis would be detrimental to the minor's 
well-being.  No later than the eighth session, the service 
provider shall determine and share with the minor the service 
provider's decision as described below: 
        (1) If the service provider finds that attempting to 
    obtain consent would not be detrimental to the minor's 
    well-being, the provider shall notify the minor that the 
    consent of a parent, guardian, or person in loco parentis 
    is required to continue counseling services or 
    psychotherapy.
        (2)  If the minor does not permit the service provider 
    to notify the parent, guardian, or person in loco parentis 
    for the purpose of consent after the eighth session the 
    service provider shall discontinue counseling services or 
    psychotherapy and shall not notify the parent, guardian, or 
    person in loco parentis about the counseling services or 
    psychotherapy. 
        (3)  If the minor permits the service provider to notify 
    the parent, guardian, or person in loco parentis for the 
    purpose of consent, without discontinuing counseling 
    services or psychotherapy, the service provider shall make 
    reasonable attempts to obtain consent. The service 
    provider shall document each attempt to obtain consent in 
    the minor's clinical record. The service provider may 
    continue to provide counseling services or psychotherapy 
    without the consent of the minor's parent, guardian, or 
    person in loco parentis if: 
            (A) the service provider has made at least 2 
        unsuccessful attempts to contact the minor's parent, 
        guardian, or person in loco parentis to obtain consent; 
        and 
            (B) the service provider has obtained the minor's 
        written consent. 
        (4)  If, after the eighth session, the service provider 
    of counseling services or psychotherapy determines that
    
    obtaining consent would be detrimental to the minor's
    
    well-being, the service provider shall consult with his or 
    her supervisor when possible to review and authorize the 
    determination under subsection (a) of this Section. The 
    service provider shall document the basis
    for the 
    determination in the minor's clinical record and
    may then 
    accept the minor's written consent to continue to
    provide 
    counseling services or psychotherapy without also
    
    obtaining the consent of a parent, guardian, or person in
    
    loco parentis. 
        (5) If the minor continues to receive counseling 
    services or psychotherapy without the consent of a parent, 
    guardian, or person in loco parentis beyond 8 sessions, the

    service provider shall evaluate, in consultation with his

    or her supervisor when possible, his or her determination




    under this subsection (a), and review the determination

    every 60 days until counseling services or psychotherapy 
    ends or the minor reaches age 17. If it is determined 
    appropriate to notify the parent, guardian, or person in 
    loco parentis and the minor consents, the service provider 
    shall proceed under paragraph (3) of subsection (a) of this 
    Section.
        (6) When counseling services or psychotherapy are 
    related to allegations of neglect, sexual abuse, or mental 
    or physical abuse by the minor's parent, guardian, or 
    person in loco parentis, obtaining consent of that parent, 
    guardian, or person in loco parentis shall be presumed to 
    be detrimental to the minor's well-being.
    (a-1) Each of the following factors must be present in 
order for the service provider to find that obtaining the 
consent of a parent, guardian, or person in loco parentis would 
be detrimental to the minor's well-being:
        (1) requiring the consent or notification of a parent, 
    guardian, or person in loco parentis would cause the minor 
    to reject the counseling services or psychotherapy; 
        (2) the failure to provide the counseling services or 
    psychotherapy would be detrimental to the minor's 
    well-being; 
        (3) the minor has knowingly and voluntarily sought the 
    counseling services or psychotherapy; and 
        (4) in the opinion of the service provider, the minor 
    is mature enough to participate in counseling services or 
    psychotherapy productively.
    (a-2) The minor's parent, guardian, or person in loco 
parentis shall not be informed of the counseling services or 
psychotherapy without the written consent of the minor unless 
the service provider believes the disclosure is necessary under 
subsection (a) of this Section. If the facility director or 
service provider intends to disclose the fact of counseling 
services or psychotherapy, the minor shall be so informed and 
if the minor chooses to discontinue counseling services or 
psychotherapy after being informed of the decision of the 
facility director or service provider to disclose the fact of 
counseling services or psychotherapy to the parent, guardian, 
or person in loco parentis,  then the parent, guardian, or 
person in loco parentis shall not be notified.  Under the Mental 
Health and Developmental Disabilities Confidentiality Act, the 
facility director, his or her designee, or the service provider 
shall not allow the minor's parent,  guardian, or person in loco 
parentis, upon request, to inspect or copy the minor's record 
or any part of the record if the service provider finds that 
there are compelling reasons for denying the access. Nothing in 
this Section shall be interpreted to limit a minor's privacy 
and confidentiality protections under State law. 
    (b) The minor's parent, guardian, or person in loco 
parentis shall not
be liable for the costs of outpatient 
counseling services or psychotherapy which
is received by the 
minor without the consent of the minor's parent, guardian,
or 
person in loco parentis. 
    (c) Counseling services or psychotherapy provided under 
this Section shall be provided in compliance with the 
Professional Counselor and Clinical Professional Counselor 
Licensing and Practice Act, the Clinical Social Work and Social 
Work Practice Act, or the Clinical Psychologist Licensing Act. 
 
    (405 ILCS 5/3-501 rep.)
    Section 105. The Mental Health and Developmental 
Disabilities Code is amended by repealing Section 3-501.
 

    Section 999. Effective date. This Act takes effect upon 
becoming law.