Public Act 103-0474
 
SB0188 EnrolledLRB103 02849 LNS 47855 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Consent by Minors to Health Care Services 
Act is amended  by changing Section 2 as follows:
 



    (410 ILCS 210/2)  (from Ch. 111, par. 4502)


    Sec. 2. Any parent, including a parent who is a minor, may 
consent to the
performance upon his or her child of a health 
care service by a
physician licensed to practice medicine in 
all its branches, a chiropractic physician, a licensed 
optometrist, a licensed advanced practice registered nurse, or 
a licensed physician assistant or a dental procedure
by a 
licensed dentist. The consent of a parent who is a minor shall 
not be
voidable because of such minority, but, for such 
purpose, a parent who is a
minor shall be deemed to have the 
same legal capacity to act and shall have
the same powers and 
obligations as has a person of legal age.
    A parent who consents to the performance upon the parent's

child of a health care service under this Section shall be

entitled, upon request, to inspect and copy the part of that 
child's records related to the specific health care service

for which the parent is treated as the child's personal

representative under HIPAA, 45 CFR 164.502(g). For purposes of 
this Section, each appointment, referral, test, treatment, 
procedure, or other medical intervention is a separate and 
distinct health care service for the purpose of determining 
whether a parent is treated as the child's personal 
representative under HIPAA, 45 CFR 164.502(g), with respect to 
that health care service. 

(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18; 
100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)

 
    Section 10. The Mental Health and Developmental 
Disabilities Confidentiality Act is amended  by changing 
Section 4 as follows:
 



    (740 ILCS 110/4)  (from Ch. 91 1/2, par. 804)



    Sec. 4. 
(a) The following persons shall be entitled, upon 
request,
to inspect and copy a recipient's record or any part 
thereof:


        (1) the parent or guardian of a recipient who is under 
    12 years of age;


        (2) the recipient if he is 12 years of age or older;


        (3) the parent or guardian of a recipient who is at 
    least 12 but under
18 years, if the recipient is informed 
    and does not object or if the therapist
does not find that 
    there are compelling reasons for denying the access.
The 
    parent or guardian who is denied access by either the 
    recipient or the
therapist may petition a court for access 
    to the record.  Nothing in this
paragraph is intended to 
    prohibit the parent or guardian of a recipient who is
at 
    least 12 but under 18 years from requesting and receiving 
    the following
information: current physical and mental 
    condition, diagnosis, treatment needs,
services provided, 
    and services needed, including medication, if any;
        (3.5) the personal representative under HIPAA, 45 CFR 
    164.502(g), of a recipient, regardless of the age of the 
    recipient; 


        (4) the guardian of a recipient who is 18 years or 
    older;


        (5) an attorney or guardian ad litem who represents a 
    minor 12
years of age or older in any judicial or 
    administrative proceeding,
provided that the court or 
    administrative hearing officer has entered an
order 
    granting the attorney this right;


        (6) an agent appointed under a recipient's power of 
    attorney for health
care or for property, when the power 
    of attorney authorizes the access;

        (7) an attorney-in-fact appointed under the Mental 
    Health Treatment Preference Declaration Act; or 
        (8) any person in whose care and custody the recipient 
    has been placed pursuant to Section 3-811 of the Mental 
    Health and Developmental Disabilities Code. 
    (b) Assistance in interpreting the record may be provided 
without charge
and shall be provided if the person inspecting 
the record is under 18 years
of age.  However, access may in no 
way be denied or limited if the person
inspecting the record 
refuses the assistance.  A reasonable fee may be
charged for 
duplication of a record. However, when requested to do so in

writing by any indigent recipient, the custodian of the 
records shall
provide at no charge to the recipient, or to the 
Guardianship and Advocacy
Commission, the agency designated by 
the Governor under Section 1 of  the
Protection and Advocacy 
for Persons with Developmental Disabilities Act or to any

other not-for-profit agency whose primary purpose is to 
provide free legal
services or advocacy for the indigent and 
who has received written
authorization from the recipient 
under Section 5 of this Act to receive his
records, one copy of 
any records in its possession whose disclosure is
authorized 
under this Act.

    (c) Any person entitled to access to a record under this 
Section may submit
a written statement concerning any disputed 
or new information, which statement
shall be entered into the 
record.  Whenever any disputed part of a record
is disclosed, 
any submitted statement relating thereto shall accompany the

disclosed part.  Additionally, any person entitled to access 
may request
modification of any part of the record which he 
believes is incorrect or
misleading.  If the request is 
refused, the person may seek a court order
to compel 
modification.

    (d) Whenever access or modification is requested, the 
request and  any
action taken thereon shall be noted in the 
recipient's record.

(Source: P.A. 99-143, eff. 7-27-15.)