|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning health.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Mental Health and Developmental | ||||||
5 | Disabilities Code is amended by changing Sections 1-104.5, | ||||||
6 | 3-602, 3-603, 3-607, 3-610, 3-702, and 3-703 as follows: | ||||||
7 | (405 ILCS 5/1-104.5)
| ||||||
8 | Sec. 1-104.5. "Dangerous conduct" means threatening | ||||||
9 | behavior or conduct that places another individual or the | ||||||
10 | person engaging in the behavior or conduct, in reasonable | ||||||
11 | expectation of being harmed, or a person's inability to | ||||||
12 | provide, without the assistance of family or outside help, for | ||||||
13 | his or her basic physical needs so as to guard himself or | ||||||
14 | herself from serious harm.
| ||||||
15 | (Source: P.A. 95-602, eff. 6-1-08 .)
| ||||||
16 | (405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602)
| ||||||
17 | Sec. 3-602.
The petition shall be accompanied by a | ||||||
18 | certificate executed
by a physician, qualified examiner, | ||||||
19 | psychiatrist, or clinical psychologist which states
that the | ||||||
20 | respondent is subject to involuntary admission and requires | ||||||
21 | immediate
hospitalization. The certificate shall indicate that | ||||||
22 | the physician, qualified
examiner, psychiatrist, or clinical |
| |||||||
| |||||||
1 | psychologist personally examined the respondent not
more than | ||||||
2 | 72 hours prior to admission. It shall also contain the | ||||||
3 | physician's,
qualified examiner's, psychiatrist's, or clinical | ||||||
4 | psychologist's clinical observations,
other factual | ||||||
5 | information relied upon in reaching a diagnosis, and a | ||||||
6 | statement
as to whether the respondent was advised of his | ||||||
7 | rights under Section 3-208.
| ||||||
8 | (Source: P.A. 80-1414.)
| ||||||
9 | (405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
| ||||||
10 | Sec. 3-603.
(a) If no physician, qualified examiner, | ||||||
11 | psychiatrist, or clinical
psychologist
is immediately | ||||||
12 | available or it is not possible after a diligent effort to
| ||||||
13 | obtain the certificate provided for in Section 3-602, the | ||||||
14 | respondent may
be detained for examination in a mental health | ||||||
15 | facility upon presentation
of the petition alone pending the | ||||||
16 | obtaining of such a certificate.
| ||||||
17 | (b) In such instance the petition shall conform to the | ||||||
18 | requirements of
Section 3-601 and further specify that:
| ||||||
19 | 1. the petitioner believes, as a result of his personal | ||||||
20 | observation, that
the respondent is subject to involuntary | ||||||
21 | admission;
| ||||||
22 | 2. a diligent effort was made to obtain a certificate;
| ||||||
23 | 3. no physician, qualified examiner, psychiatrist, or | ||||||
24 | clinical psychologist could be
found who has examined or | ||||||
25 | could examine the respondent; and
|
| |||||||
| |||||||
1 | 4. a diligent effort has been made to convince the | ||||||
2 | respondent to appear
voluntarily for examination by a | ||||||
3 | physician, qualified examiner, psychiatrist, or clinical
| ||||||
4 | psychologist, unless the petitioner reasonably believes | ||||||
5 | that effort would
impose a risk of harm to the respondent | ||||||
6 | or others.
| ||||||
7 | (Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00; 92-16, | ||||||
8 | eff.
6-28-01.)
| ||||||
9 | (405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
| ||||||
10 | Sec. 3-607. Court ordered temporary detention and | ||||||
11 | examination. When, as
a result of personal observation and | ||||||
12 | testimony in open court, any court has
reasonable grounds to | ||||||
13 | believe that a person appearing before it is subject to
| ||||||
14 | involuntary admission and in need of immediate hospitalization | ||||||
15 | to protect such
person or others from physical harm, the court | ||||||
16 | may enter an order for the
temporary detention and examination | ||||||
17 | of such person. The
order
shall set forth in detail the facts | ||||||
18 | which are the basis for its conclusion.
The court may order a | ||||||
19 | peace officer to take the person into custody and
transport him | ||||||
20 | to a mental health facility. The person may be detained for
| ||||||
21 | examination for no more than 24 hours to determine whether or | ||||||
22 | not she or he is subject to involuntary admission and in need | ||||||
23 | of immediate hospitalization . If a petition and certificate , as
| ||||||
24 | provided in this Article, are executed within the 24 hours, the | ||||||
25 | person may be
admitted provided that the certificate states |
| |||||||
| |||||||
1 | that the person is both subject to involuntary admission and in | ||||||
2 | need of immediate hospitalization. If the certificate states | ||||||
3 | that the person is subject to involuntary admission but not in | ||||||
4 | need of immediate hospitalization absent imminent danger, the | ||||||
5 | person may remain in his or her place of residence pending a | ||||||
6 | hearing on the petition unless he or she voluntarily agrees to | ||||||
7 | inpatient treatment. and the The provisions of this Article | ||||||
8 | shall apply to all petitions and certificates executed pursuant | ||||||
9 | to this Section . If no petition or
certificate is executed, the | ||||||
10 | person shall be released.
| ||||||
11 | (Source: P.A. 91-726, eff. 6-2-00.)
| ||||||
12 | (405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610)
| ||||||
13 | Sec. 3-610.
As soon as possible but not later than 24 | ||||||
14 | hours, excluding
Saturdays, Sundays and holidays, after | ||||||
15 | admission of a respondent pursuant
to this Article, the | ||||||
16 | respondent shall be examined by a psychiatrist. The
| ||||||
17 | psychiatrist may be a member of the staff of the facility but | ||||||
18 | shall not
be the person who executed the first certificate. If | ||||||
19 | a certificate has already been completed by a psychiatrist | ||||||
20 | following the respondent's admission, the respondent shall be | ||||||
21 | examined by another psychiatrist or by a clinical psychologist | ||||||
22 | or qualified examiner. If, as a result of this second | ||||||
23 | examination, a certificate is executed, the certificate shall | ||||||
24 | be promptly filed with the court. If the certificate states | ||||||
25 | that the respondent is subject to involuntary admission but not |
| |||||||
| |||||||
1 | in need of immediate hospitalization absent imminent danger, | ||||||
2 | the respondent may remain in his or her place of residence | ||||||
3 | pending a hearing on the petition unless he or she voluntarily | ||||||
4 | agrees to inpatient treatment. If the respondent is
not | ||||||
5 | examined or if the psychiatrist , physician, clinical | ||||||
6 | psychologist, or qualified examiner does not execute a | ||||||
7 | certificate pursuant
to Section 3-602, the respondent shall be | ||||||
8 | released forthwith.
| ||||||
9 | (Source: P.A. 80-1414.)
| ||||||
10 | (405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702)
| ||||||
11 | Sec. 3-702.
(a) The petition may be accompanied by the | ||||||
12 | certificate
of a physician, qualified examiner, psychiatrist, | ||||||
13 | or clinical psychologist which certifies
that the respondent is | ||||||
14 | subject to involuntary admission and which contains
the other | ||||||
15 | information specified in Section 3-602.
| ||||||
16 | (b) Upon receipt of the petition either with or without a | ||||||
17 | certificate,
if the court finds the documents are in order, it | ||||||
18 | may make such orders pursuant
to Section 3-703 as are necessary | ||||||
19 | to provide for examination of the respondent.
If the petition | ||||||
20 | is not accompanied by 2 certificates executed pursuant to
| ||||||
21 | Section 3-703, the court may order the respondent to present | ||||||
22 | himself for
examination at a time and place designated by the | ||||||
23 | court.
If the petition is accompanied by 2 certificates | ||||||
24 | executed pursuant to Section
3-703 and the court finds the | ||||||
25 | documents are in order, it shall set the matter
for hearing.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-726, eff. 6-2-00.)
| ||||||
2 | (405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)
| ||||||
3 | Sec. 3-703.
If no certificate was filed, the respondent | ||||||
4 | shall be examined
separately by a physician, or clinical | ||||||
5 | psychologist, or qualified examiner
and by a psychiatrist. If a | ||||||
6 | certificate executed by a psychiatrist was
filed, the | ||||||
7 | respondent shall be examined by a physician, clinical | ||||||
8 | psychologist,
qualified examiner, or psychiatrist. If a | ||||||
9 | certificate executed by a qualified
examiner, clinical | ||||||
10 | psychologist, or a physician who is not a psychiatrist
was | ||||||
11 | filed, the respondent shall be examined by a psychiatrist. The
| ||||||
12 | examining physician, clinical psychologist, qualified examiner | ||||||
13 | or
psychiatrist may interview by telephone or in person any | ||||||
14 | witnesses or other
persons listed in the petition for | ||||||
15 | involuntary admission. If, as a
result of an examination, a | ||||||
16 | certificate is executed, the certificate shall
be promptly | ||||||
17 | filed with the court. If a certificate is executed, the
| ||||||
18 | examining physician, clinical psychologist, qualified examiner | ||||||
19 | or
psychiatrist may also submit for filing with the court a | ||||||
20 | report in which
his findings are described in detail, and may | ||||||
21 | rely upon such findings for
his opinion that the respondent is | ||||||
22 | subject to involuntary admission.
Copies of the certificates | ||||||
23 | shall be made available to the attorneys for the
parties upon | ||||||
24 | request prior to the hearing. A certificate prepared in | ||||||
25 | compliance with this Article shall state whether or not the |
| |||||||
| |||||||
1 | respondent is in need of immediate hospitalization. However, if | ||||||
2 | both the certificates state that the respondent is not in need | ||||||
3 | of immediate hospitalization absent imminent danger, the | ||||||
4 | respondent may remain in his or her place of residence pending | ||||||
5 | a hearing on the petition unless he or she voluntarily agrees | ||||||
6 | to inpatient treatment.
| ||||||
7 | (Source: P.A. 85-558.)
| ||||||
8 | Section 10. The Mental Health and Developmental | ||||||
9 | Disabilities Confidentiality Act is amended by changing | ||||||
10 | Sections 4, 9.2, and 10 as follows:
| ||||||
11 | (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
| ||||||
12 | Sec. 4.
(a) The following persons shall be entitled, upon | ||||||
13 | request,
to inspect and copy a recipient's record or any part | ||||||
14 | thereof:
| ||||||
15 | (1) the parent or guardian of a recipient who is under | ||||||
16 | 12 years of age;
| ||||||
17 | (2) the recipient if he is 12 years of age or older;
| ||||||
18 | (3) the parent or guardian of a recipient who is at | ||||||
19 | least 12 but under
18 years, if the recipient is informed | ||||||
20 | and does not object or if the therapist
does not find that | ||||||
21 | there are compelling reasons for denying the access.
The | ||||||
22 | parent or guardian who is denied access by either the | ||||||
23 | recipient or the
therapist may petition a court for access | ||||||
24 | to the record. Nothing in this
paragraph is intended to |
| |||||||
| |||||||
1 | prohibit the parent or guardian of a recipient who is
at | ||||||
2 | least 12 but under 18 years from requesting and receiving | ||||||
3 | the following
information: current physical and mental | ||||||
4 | condition, diagnosis, treatment needs,
services provided, | ||||||
5 | and services needed, including medication, if any;
| ||||||
6 | (4) the guardian of a recipient who is 18 years or | ||||||
7 | older;
| ||||||
8 | (5) an attorney or guardian ad litem who represents a | ||||||
9 | minor 12
years of age or older in any judicial or | ||||||
10 | administrative proceeding,
provided that the court or | ||||||
11 | administrative hearing officer has entered an
order | ||||||
12 | granting the attorney this right; or
| ||||||
13 | (6) an agent appointed under a recipient's power of | ||||||
14 | attorney for health
care or for property, when the power of | ||||||
15 | attorney authorizes the access.
| ||||||
16 | (b) Assistance in interpreting the record may be provided | ||||||
17 | without charge
and shall be provided if the person inspecting | ||||||
18 | the record is under 18 years
of age. However, access may in no | ||||||
19 | way be denied or limited if the person
inspecting the record | ||||||
20 | refuses the assistance. A reasonable fee may be
charged for | ||||||
21 | duplication of a record. However, when requested to do so in
| ||||||
22 | writing by any indigent recipient, the custodian of the records | ||||||
23 | shall
provide at no charge to the recipient, or to the | ||||||
24 | Guardianship and Advocacy
Commission, the agency designated by | ||||||
25 | the Governor under Section 1 of the
Protection and Advocacy for | ||||||
26 | Developmentally Disabled Persons Act or to any
other |
| |||||||
| |||||||
1 | not-for-profit agency whose primary purpose is to provide free | ||||||
2 | legal
services or advocacy for the indigent and who has | ||||||
3 | received written
authorization from the recipient under | ||||||
4 | Section 5 of this Act to receive his
records, one copy of any | ||||||
5 | records in its possession whose disclosure is
authorized under | ||||||
6 | this Act.
| ||||||
7 | (c) Any person entitled to access to a record under this | ||||||
8 | Section may submit
a written statement concerning any disputed | ||||||
9 | or new information, which statement
shall be entered into the | ||||||
10 | record. Whenever any disputed part of a record
is disclosed, | ||||||
11 | any submitted statement relating thereto shall accompany the
| ||||||
12 | disclosed part. Additionally, any person entitled to access may | ||||||
13 | request
modification of any part of the record which he | ||||||
14 | believes is incorrect or
misleading. If the request is refused, | ||||||
15 | the person may seek a court order
to compel modification.
| ||||||
16 | (d) Whenever access or modification is requested, the | ||||||
17 | request and any
action taken thereon shall be noted in the | ||||||
18 | recipient's record.
| ||||||
19 | (Source: P.A. 88-484; 89-439, eff. 6-1-96 .)
| ||||||
20 | (740 ILCS 110/9.2)
| ||||||
21 | Sec. 9.2. Interagency disclosure of recipient information. | ||||||
22 | For the
purposes of continuity of care, the Department of Human | ||||||
23 | Services (as
successor to the Department of Mental Health and | ||||||
24 | Developmental
Disabilities), community agencies funded by the
| ||||||
25 | Department of Human Services in that capacity, licensed private |
| |||||||
| |||||||
1 | hospitals receiving payments from the Department of Human | ||||||
2 | Services or the Department of Healthcare and Family Services, | ||||||
3 | State correctional facilities prisons operated by the | ||||||
4 | Department of Corrections , mental health facilities operated | ||||||
5 | by a county, and jails operated by any
county of this State may | ||||||
6 | disclose a
recipient's record or communications, without | ||||||
7 | consent, to each other, but only
for the purpose of admission, | ||||||
8 | treatment, planning, or discharge. Entities
shall not | ||||||
9 | redisclose any personally identifiable information, unless | ||||||
10 | necessary
for admission, treatment, planning, or discharge of | ||||||
11 | the identified recipient to
another setting.
No records or | ||||||
12 | communications may be disclosed to a county jail or State | ||||||
13 | correctional facility prison pursuant to
this Section unless | ||||||
14 | the Department has entered into a written agreement with
the | ||||||
15 | county jail or State correctional facility prison requiring | ||||||
16 | that the county jail or State correctional facilities prison | ||||||
17 | adopt written policies and
procedures designed to ensure that | ||||||
18 | the records and communications are disclosed
only to those | ||||||
19 | persons employed by or under contract to the county jail or | ||||||
20 | State correctional facilities prison who are
involved in the | ||||||
21 | provision of mental health services to inmates and that the
| ||||||
22 | records and communications are protected from further | ||||||
23 | disclosure.
| ||||||
24 | (Source: P.A. 94-182, eff. 7-12-05.)
| ||||||
25 | (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
|
| |||||||
| |||||||
1 | Sec. 10. (a) Except as provided herein, in any civil, | ||||||
2 | criminal,
administrative, or legislative proceeding, or in any | ||||||
3 | proceeding preliminary
thereto, a recipient, and a therapist on | ||||||
4 | behalf and in the interest of a
recipient, has the privilege to | ||||||
5 | refuse to disclose and to prevent the
disclosure of the | ||||||
6 | recipient's record or communications.
| ||||||
7 | (1) Records and communications may be disclosed in a | ||||||
8 | civil, criminal
or administrative proceeding in which the | ||||||
9 | recipient introduces his mental
condition or any aspect of | ||||||
10 | his services received for such condition as an
element of | ||||||
11 | his claim or defense, if and only to the extent the court | ||||||
12 | in
which the proceedings have been brought, or, in the case | ||||||
13 | of an administrative
proceeding, the court to which an | ||||||
14 | appeal or other action for review of an
administrative | ||||||
15 | determination may be taken, finds, after in camera
| ||||||
16 | examination of testimony or other evidence, that it is | ||||||
17 | relevant, probative,
not unduly prejudicial or | ||||||
18 | inflammatory, and otherwise clearly
admissible; that other | ||||||
19 | satisfactory evidence is demonstrably unsatisfactory
as | ||||||
20 | evidence of the facts sought to be established by such | ||||||
21 | evidence; and
that disclosure is more important to the | ||||||
22 | interests of substantial justice
than protection from | ||||||
23 | injury to the therapist-recipient relationship or to
the | ||||||
24 | recipient or other whom disclosure is likely to harm. | ||||||
25 | Except in a criminal
proceeding in which the recipient, who | ||||||
26 | is accused in that proceeding, raises
the defense of |
| |||||||
| |||||||
1 | insanity, no record or communication between a therapist
| ||||||
2 | and a recipient shall be deemed relevant for purposes of | ||||||
3 | this subsection,
except the fact of treatment, the cost of | ||||||
4 | services and the ultimate
diagnosis unless the party | ||||||
5 | seeking disclosure of the communication clearly
| ||||||
6 | establishes in the trial court a compelling need for its | ||||||
7 | production.
However, for purposes of this Act, in any | ||||||
8 | action brought or defended under
the Illinois Marriage and | ||||||
9 | Dissolution of Marriage Act, or in any action in
which pain | ||||||
10 | and suffering is an element of the claim, mental condition | ||||||
11 | shall
not be deemed to be introduced merely by making such | ||||||
12 | claim and shall be
deemed to be introduced only if the | ||||||
13 | recipient or a witness on his behalf
first testifies | ||||||
14 | concerning the record or communication.
| ||||||
15 | (2) Records or communications may be disclosed in a | ||||||
16 | civil proceeding after
the recipient's death when the | ||||||
17 | recipient's physical or mental condition
has been | ||||||
18 | introduced as an element of a claim or defense by any party | ||||||
19 | claiming
or defending through or as a beneficiary of the | ||||||
20 | recipient, provided the
court finds, after in camera | ||||||
21 | examination of the evidence, that it is relevant,
| ||||||
22 | probative, and otherwise clearly admissible; that other | ||||||
23 | satisfactory evidence
is not available regarding the facts | ||||||
24 | sought to be established by such evidence;
and that | ||||||
25 | disclosure is more important to the interests of | ||||||
26 | substantial justice
than protection from any injury which |
| |||||||
| |||||||
1 | disclosure is likely to cause.
| ||||||
2 | (3) In the event of a claim made or an action filed by | ||||||
3 | a recipient, or,
following the recipient's death, by any | ||||||
4 | party claiming as a beneficiary
of the recipient for injury | ||||||
5 | caused in the course of providing services to such | ||||||
6 | recipient, the therapist and other persons whose actions
| ||||||
7 | are alleged
to have been the cause of injury may disclose | ||||||
8 | pertinent records and
communications to an attorney or | ||||||
9 | attorneys engaged to render advice about
and to provide | ||||||
10 | representation in connection with such matter and to | ||||||
11 | persons
working under the supervision of such attorney or | ||||||
12 | attorneys, and may
testify as to such records or
| ||||||
13 | communication in any administrative, judicial
or discovery | ||||||
14 | proceeding for the purpose of preparing and presenting a
| ||||||
15 | defense against such claim or action.
| ||||||
16 | (4) Records and communications made to or by a | ||||||
17 | therapist in the course
of examination ordered by a court | ||||||
18 | for good cause shown may, if otherwise
relevant and | ||||||
19 | admissible, be disclosed in a civil, criminal,
or | ||||||
20 | administrative proceeding in which the recipient is a party | ||||||
21 | or in
appropriate pretrial proceedings, provided such | ||||||
22 | court has found that the
recipient has been as adequately | ||||||
23 | and as effectively as possible informed
before submitting | ||||||
24 | to such examination that such records and communications
| ||||||
25 | would not be considered confidential or privileged. Such | ||||||
26 | records and
communications shall be admissible only as to |
| |||||||
| |||||||
1 | issues involving the
recipient's physical or mental | ||||||
2 | condition and only to the extent that these
are germane to | ||||||
3 | such proceedings.
| ||||||
4 | (5) Records and communications may be disclosed in a | ||||||
5 | proceeding under
the Probate Act of 1975, to determine a | ||||||
6 | recipient's competency or need for
guardianship, provided | ||||||
7 | that the disclosure is made only with respect to that | ||||||
8 | issue.
| ||||||
9 | (6) Records and communications may be disclosed when | ||||||
10 | such are made during
treatment which the recipient is | ||||||
11 | ordered to undergo to render him fit to
stand trial on a | ||||||
12 | criminal charge, provided that the disclosure is made only
| ||||||
13 | with respect to the issue of fitness to stand trial.
| ||||||
14 | (7) Records and communications of the recipient may be | ||||||
15 | disclosed in any
civil or administrative proceeding | ||||||
16 | involving the validity of or benefits
under a life, | ||||||
17 | accident, health or disability insurance policy or | ||||||
18 | certificate,
or Health Care Service Plan Contract, | ||||||
19 | insuring the recipient, but only if
and to the extent that | ||||||
20 | the recipient's mental condition, or treatment or
services | ||||||
21 | in connection therewith, is a material element of any claim | ||||||
22 | or
defense of any party, provided that information sought | ||||||
23 | or disclosed shall
not be redisclosed except in connection | ||||||
24 | with the proceeding in which
disclosure is made.
| ||||||
25 | (8) Records or communications may be disclosed when | ||||||
26 | such are relevant
to a matter in issue in any action |
| |||||||
| |||||||
1 | brought under this Act and proceedings
preliminary | ||||||
2 | thereto, provided that any information so disclosed shall | ||||||
3 | not
be utilized for any other purpose nor be redisclosed | ||||||
4 | except in connection
with such action or preliminary | ||||||
5 | proceedings.
| ||||||
6 | (9) Records and communications of the recipient may be | ||||||
7 | disclosed in
investigations of and trials for homicide when | ||||||
8 | the disclosure relates directly
to the fact or immediate | ||||||
9 | circumstances of the homicide.
| ||||||
10 | (10) Records and communications of a deceased | ||||||
11 | recipient may be
disclosed to a coroner conducting a | ||||||
12 | preliminary investigation into the
recipient's death under | ||||||
13 | Section 3-3013 of the Counties Code. However,
records and | ||||||
14 | communications of the deceased recipient disclosed in an
| ||||||
15 | investigation shall be limited solely to the deceased | ||||||
16 | recipient's records
and communications relating to the | ||||||
17 | factual circumstances of the incident
being investigated | ||||||
18 | in a mental health facility.
| ||||||
19 | (11) Records and communications of a recipient shall be | ||||||
20 | disclosed in a
proceeding
where a petition or motion is | ||||||
21 | filed under the Juvenile Court Act of 1987 and
the | ||||||
22 | recipient is
named as a parent, guardian, or legal | ||||||
23 | custodian of a minor who is the subject
of a petition for | ||||||
24 | wardship as
described in Section
2-3 of that Act or a minor | ||||||
25 | who is the subject of a petition for wardship as
described | ||||||
26 | in Section 2-4 of that
Act alleging the
minor is abused, |
| |||||||
| |||||||
1 | neglected, or dependent or the recipient is named as a | ||||||
2 | parent
of a child
who is the subject of
a petition, | ||||||
3 | supplemental petition, or motion to appoint a guardian with | ||||||
4 | the
power to consent to
adoption under Section 2-29 of the | ||||||
5 | Juvenile Court Act
of 1987.
| ||||||
6 | (12) Records and communications of a recipient may be
| ||||||
7 | disclosed when disclosure is necessary to collect sums or | ||||||
8 | receive
third party payment representing charges for | ||||||
9 | mental health or
developmental disabilities services | ||||||
10 | provided by a therapist or
agency to a recipient; however, | ||||||
11 | disclosure shall be limited to
information needed to pursue | ||||||
12 | collection, and the information so
disclosed may not be | ||||||
13 | used for any other purposes nor may it be
redisclosed | ||||||
14 | except in connection with collection activities.
Whenever | ||||||
15 | records are disclosed pursuant to this subdivision (12), | ||||||
16 | the
recipient of the records shall be advised in writing | ||||||
17 | that any person who
discloses mental health records and | ||||||
18 | communications in violation of this Act may
be subject to | ||||||
19 | civil liability pursuant to Section 15 of this Act or to | ||||||
20 | criminal
penalties pursuant to Section 16 of this Act or | ||||||
21 | both.
| ||||||
22 | (b) Before a disclosure is made under subsection (a), any | ||||||
23 | party to the
proceeding or any other interested person may | ||||||
24 | request an in camera review
of the record or communications to | ||||||
25 | be disclosed. The court or agency
conducting the proceeding may | ||||||
26 | hold an in camera review on its own motion.
When, contrary to |
| |||||||
| |||||||
1 | the express wish of the recipient, the therapist asserts
a | ||||||
2 | privilege on behalf and in the interest of a recipient, the | ||||||
3 | court may
require that the therapist, in an in camera hearing, | ||||||
4 | establish that
disclosure is not in the best interest of the | ||||||
5 | recipient. The court or
agency may prevent disclosure or limit | ||||||
6 | disclosure to the extent that other
admissible evidence is | ||||||
7 | sufficient to establish the facts in issue. The
court or agency | ||||||
8 | may enter such orders as may be necessary in order to
protect | ||||||
9 | the confidentiality, privacy, and safety of the recipient or of
| ||||||
10 | other persons. Any order to disclose or to not disclose shall | ||||||
11 | be
considered a final order for purposes of appeal and shall be | ||||||
12 | subject to
interlocutory appeal.
| ||||||
13 | (c) A recipient's records and communications may be | ||||||
14 | disclosed to a
duly authorized committee, commission or | ||||||
15 | subcommittee of the General
Assembly which possesses subpoena | ||||||
16 | and hearing powers, upon a written
request approved by a | ||||||
17 | majority vote of the committee, commission or
subcommittee | ||||||
18 | members. The committee, commission or subcommittee may
request | ||||||
19 | records only for the purposes of investigating or studying
| ||||||
20 | possible violations of recipient rights. The request shall | ||||||
21 | state the
purpose for which disclosure is sought.
| ||||||
22 | The facility shall notify the recipient, or his guardian, | ||||||
23 | and therapist in
writing of any disclosure request under this | ||||||
24 | subsection within 5 business
days after such request. Such | ||||||
25 | notification shall also inform the
recipient, or guardian, and | ||||||
26 | therapist of their right to object to the
disclosure within 10 |
| |||||||
| |||||||
1 | business days after receipt of the notification and
shall | ||||||
2 | include the name, address and telephone number of the
| ||||||
3 | committee, commission or subcommittee member or staff person | ||||||
4 | with whom an
objection shall be filed. If no objection has been | ||||||
5 | filed within 15
business days after the request for disclosure, | ||||||
6 | the facility shall disclose
the records and communications to | ||||||
7 | the committee, commission or
subcommittee. If an objection has | ||||||
8 | been filed within 15 business days after
the request for | ||||||
9 | disclosure, the facility shall disclose the records and
| ||||||
10 | communications only after the committee, commission or | ||||||
11 | subcommittee has
permitted the recipient, guardian or | ||||||
12 | therapist to present his objection in
person before it and has | ||||||
13 | renewed its request for disclosure by a majority
vote of its | ||||||
14 | members.
| ||||||
15 | Disclosure under this subsection shall not occur until all | ||||||
16 | personally
identifiable data of the recipient and provider are | ||||||
17 | removed from the
records and communications. Disclosure under | ||||||
18 | this subsection shall not
occur in any public proceeding.
| ||||||
19 | (d) No party to any proceeding described under paragraphs | ||||||
20 | (1), (2),
(3), (4), (7), or (8) of subsection (a) of this | ||||||
21 | Section, nor his or
her attorney, shall serve a subpoena | ||||||
22 | seeking to obtain access to records or
communications under | ||||||
23 | this Act unless the subpoena is accompanied by a
written order | ||||||
24 | issued by a judge, authorizing the disclosure of the records
or | ||||||
25 | the issuance of the subpoena. No such written order shall be | ||||||
26 | issued without written notice of the motion to the recipient |
| |||||||
| |||||||
1 | and the treatment provider. Prior to issuance of the order, | ||||||
2 | each party or other person entitled to notice shall be | ||||||
3 | permitted an opportunity to be heard pursuant to subsection (b) | ||||||
4 | of this Section. No person shall comply with a subpoena for
| ||||||
5 | records or communications under this Act, unless the subpoena | ||||||
6 | is
accompanied by a written order authorizing the issuance of | ||||||
7 | the subpoena or
the disclosure of the records. Each subpoena | ||||||
8 | duces tecum issued by a court or administrative agency or | ||||||
9 | served on any person pursuant to this subsection (d) shall | ||||||
10 | include the following language: "No person shall comply with a | ||||||
11 | subpoena for mental health records or communications pursuant | ||||||
12 | to Section 10 of the Mental Health and Developmental | ||||||
13 | Disabilities Confidentiality Act, 740 ILCS 110/10, unless the | ||||||
14 | subpoena is accompanied by a written order that authorizes the | ||||||
15 | issuance of the subpoena and the disclosure of records or | ||||||
16 | communications."
| ||||||
17 | (e) When a person has been transported by a peace officer | ||||||
18 | to a mental
health facility, then upon the request of a peace | ||||||
19 | officer, if the person is
allowed to leave the mental health | ||||||
20 | facility within 48 hours of arrival,
excluding Saturdays, | ||||||
21 | Sundays, and holidays, the facility director shall notify
the | ||||||
22 | local law enforcement authority prior to the release of the | ||||||
23 | person. The
local law enforcement authority may re-disclose the | ||||||
24 | information as necessary to
alert the appropriate enforcement | ||||||
25 | or prosecuting authority.
| ||||||
26 | (f) A recipient's records and communications shall be |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | disclosed to the
Inspector General of the Department of Human | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Services within 10 business days
of a request by the Inspector | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | General
(i) in the course of an investigation authorized by the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Abused and Neglected Long
Term Care Facility Residents | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Reporting Act and applicable rule or (ii) during the course of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | an assessment authorized by the Abuse of Adults with | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Disabilities Intervention Act and applicable rule. The request
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | shall be
in writing and signed by the Inspector General or his | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | or her designee. The
request shall state the purpose for which | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | disclosure is sought. Any person who
knowingly and willfully | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | refuses to comply with such a request is guilty of a
Class A | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | misdemeanor.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (Source: P.A. 92-358, eff. 8-15-01; 92-708, eff. 7-19-02; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | 93-751, eff. 7-15-04.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||