HB3709ham001 100TH GENERAL ASSEMBLY

Rep. Litesa E. Wallace

Filed: 3/23/2017

10000HB3709ham001 LRB100 10929 RLC 24060 a

AMENDMENT TO HOUSE BILL 3709

AMENDMENT NO. ______. Amend House Bill 3709 by replacing everything after the enacting clause with the following:

"Section 5. The Mental Health and Developmental Disabilities Code is amended by changing Section 3-501 as follows:

(405 ILCS 5/3-501) (from Ch. 91 1/2, par. 3-501)

Sec. 3-501. Minor 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 that are provided by, or under the supervision of, a licensed service provider. The consent of the minor's his parent, guardian or person in loco parentis shall not be initially necessary to authorize outpatient counseling or psychotherapy. The minor's parent, guardian or person in loco parentis shall not be informed of such counseling or psychotherapy without the consent of the minor unless the facility director believes such disclosure is necessary. If the facility director intends to disclose the fact of counseling or psychotherapy, the minor shall be so informed. However, until the consent of the minor's parent, guardian, or person in loco parentis has been obtained, outpatient counseling or psychotherapy provided to a minor under the age of 17 shall be initially limited to not more than 8 90-minute sessions 5 sessions, a session lasting not more than 45 minutes. 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.

(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 and shall not notify the parent, guardian, or person in loco parentis about the treatment.

(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 treatment, the service provider shall attempt 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 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 or psychotherapy services 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 treatment ends or the minor reaches age 17.

(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 or guardian would cause the minor to reject the treatment;

(2) the failure to provide the treatment would be detrimental to the minor's well-being;

(3) the minor has knowingly and voluntarily sought the treatment; and

(4) in the opinion of the service provider, the minor is mature enough to participate in treatment productively.

(a-2) The minor's parent, guardian, or person in loco parentis shall not be informed of the counseling or psychotherapy without the written consent of the minor unless the service provider believes the disclosure is necessary. If the facility director or service provider intends to disclose the fact of counseling or psychotherapy, the minor shall be so informed. 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 or guardian, 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 out-of-pocket costs, including co-payments, deductibles, or co-insurance for costs of outpatient counseling 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 and the Clinical Psychologist Licensing Act.

(Source: P.A. 86-922.)".