Public Act 096-0466
 		





HB2845 Enrolled
LRB096 05994 AJO 16075 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 Mental Health and Developmental 
Disabilities Confidentiality Act is amended  by changing 
Section 11 as follows:
 



    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)



    Sec. 11. Disclosure of records and communications. Records  
and
communications may be disclosed:


        (i) in accordance with the provisions of the
Abused and 
    Neglected Child Reporting Act, subsection (u) of Section 5 
    of the Children and Family Services Act, or Section 7.4 of 
    the Child Care Act of 1969;


        (ii) when, and to the extent, a
therapist, in his or 
    her sole discretion, determines that disclosure is

    necessary to initiate or continue civil commitment or 
    involuntary treatment proceedings under the laws
of this 
    State or to otherwise protect the recipient or other person 
    against a
clear, imminent risk of serious physical or 
    mental injury or disease or death
being inflicted upon the 
    recipient or by the recipient on himself or another;


        (iii) when, and to the extent disclosure is, in the 
    sole discretion of the
therapist, necessary to the 
    provision of emergency medical care to a recipient
who is 
    unable to assert or waive his or her rights hereunder;


        (iv) when
disclosure is necessary to collect sums or 
    receive third
party payment representing charges for 
    mental health or developmental
disabilities services 
    provided by a therapist or agency to a recipient
under 
    Chapter V of the Mental Health and Developmental 
    Disabilities Code or to
transfer debts under the 
    Uncollected State Claims Act; however, disclosure
shall be 
    limited to information needed to pursue collection, and the

    information so disclosed shall not be used for any other 
    purposes nor shall it
be redisclosed except in connection 
    with collection activities;


        (v) when
requested by a family member, the Department 
    of Human Services may assist in
the location of the 
    interment site of a deceased recipient who is interred in a

    cemetery established under Section 100-26 of the Mental 
    Health and
Developmental Disabilities Administrative Act;


        (vi) in judicial proceedings
under Article VIII of 
    Chapter III and Article V of Chapter IV of the Mental

    Health and Developmental Disabilities Code and proceedings 
    and investigations
preliminary thereto, to the State's 
    Attorney for the county or residence of a
person who is the 
    subject of such proceedings, or in which the person is 
    found,
or in which the facility is located, to the attorney 
    representing the recipient
in the judicial proceedings, to 
    any person or agency providing mental health
services that 
    are the subject of the proceedings and to that person's or

    agency's attorney, to any court personnel, including but 
    not limited to judges
and circuit court clerks, and to a 
    guardian ad litem if one has been appointed
by the court, 
    provided that the information so disclosed shall not be 
    utilized
for any other purpose nor be redisclosed except in 
    connection with the
proceedings or investigations;


        (vii) when, and to the extent disclosure is
necessary 
    to comply with the requirements of the Census Bureau in 
    taking the
federal Decennial Census;


        (viii) when, and to the extent, in the
therapist's sole 
    discretion, disclosure is necessary to warn or protect a

    specific individual against whom a recipient has made a 
    specific threat of
violence where there exists a 
    therapist-recipient relationship or a special

    recipient-individual relationship;


        (ix) in accordance with the Sex Offender
Registration 
    Act;


        (x) in accordance with the Rights of Crime Victims and

    Witnesses Act;
        (xi) in accordance with Section 6 of the Abused and 
    Neglected Long Term Care Facility Residents Reporting Act; 
    and
        (xii) in accordance with Section 55 of the Abuse of 
    Adults with Disabilities Intervention Act.


    Any person, institution, or agency, under
this Act, 
participating in good faith in the making of a report under the

Abused and Neglected Child Reporting Act or in the disclosure 
of records and
communications under this Section, shall have 
immunity from any liability,
civil, criminal or otherwise, that 
might result by reason of such action. For
the purpose of any 
proceeding, civil or criminal, arising out of a report or

disclosure under this Section, the good faith of any person, 
institution, or
agency so reporting or disclosing shall be 
presumed.

(Source: P.A. 94-852, eff. 6-13-06; 94-1010, eff. 10-1-06; 
95-331, eff. 8-21-07.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.