Sen. David Koehler
Filed: 4/15/2010
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1 | AMENDMENT TO HOUSE BILL 5126
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2 | AMENDMENT NO. ______. Amend House Bill 5126 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by adding Section | ||||||
5 | 22-60 as follows: | ||||||
6 | (105 ILCS 5/22-60 new) | ||||||
7 | Sec. 22-60. Student services personnel; confidentiality. | ||||||
8 | (a) In this Section, "confidential communication" means | ||||||
9 | any communication made by a student who is a recipient of | ||||||
10 | school counseling, school psychological, or school social work | ||||||
11 | services, including services provided by a school counselor | ||||||
12 | intern working under the supervision of a school counselor, a | ||||||
13 | school psychologist intern working under the supervision of a | ||||||
14 | school psychologist, or a school social worker intern working | ||||||
15 | under the supervision of a school social worker. "Confidential | ||||||
16 | communication" includes the fact that a student is a recipient |
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1 | of school counseling, school psychological, or school social | ||||||
2 | work services. "Confidential communication" does not include | ||||||
3 | academic or career counseling information that is available to | ||||||
4 | the general public. | ||||||
5 | (b) With the exception of information described in | ||||||
6 | subsection (c) of this Section, any confidential communication | ||||||
7 | disclosed by a student to a school counselor, school | ||||||
8 | psychologist, or school social worker or to a school counselor | ||||||
9 | intern working under the direct supervision of a school | ||||||
10 | counselor, a school psychologist intern working under the | ||||||
11 | direct supervision of a school psychologist, or a school social | ||||||
12 | worker intern working under the direct supervision of a school | ||||||
13 | social worker may be disclosed only upon the execution of a | ||||||
14 | written consent to the release of information that conforms | ||||||
15 | with the requirements of the Mental Health and Developmental | ||||||
16 | Disabilities Confidentiality Act and any other statute | ||||||
17 | governing the release of confidential information applicable | ||||||
18 | to the specific type of information for which disclosure is | ||||||
19 | sought. | ||||||
20 | (c) Disclosure of confidential communications is | ||||||
21 | permissible as follows: | ||||||
22 | (1) When, in the sole discretion of the school | ||||||
23 | counselor, school psychologist, or school social worker, | ||||||
24 | disclosure is necessary to prevent serious, foreseeable, | ||||||
25 | and imminent harm to the student who is the recipient of | ||||||
26 | school counseling, school psychological, or school social |
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1 | work services or other identifiable person or persons; | ||||||
2 | however, in such circumstances disclosure must be made only | ||||||
3 | to the extent necessary to achieve the desired purpose of | ||||||
4 | preventing harm to the recipient or other person or | ||||||
5 | persons. | ||||||
6 | (2) When disclosure is required by law. | ||||||
7 | (3) When disclosure is required by currently adopted | ||||||
8 | standards of professional conduct and codes of ethics | ||||||
9 | applicable respectively to school counselors, school | ||||||
10 | psychologists, and school social workers.
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
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