SB1507 96TH GENERAL ASSEMBLY

LRB096 07603 ASK 17699 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1507

Introduced 2/18/2009, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

225 ILCS 20/16

from Ch. 111, par. 6366

Amends the Clinical Social Work and Social Work Practice Act. In a provision that allows a social worker to voluntarily disclose privileged information acquired from persons consulting the social worker in a professional capacity if it is in the course of formally reporting, conferring, or consulting with administrative superiors, colleagues, or consultants who share professional responsibility, provides that professional responsibility includes "a professional responsibility to maintain confidentiality". Effective immediately.

A BILL FOR

AN ACT concerning professional regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Clinical Social Work and Social Work Practice Act is amended by changing Section 16 as follows:

(225 ILCS 20/16) (from Ch. 111, par. 6366)

(Section scheduled to be repealed on January 1, 2018)

Sec. 16. Privileged Communications and Exceptions.

1. No licensed clinical social worker or licensed social worker shall disclose any information acquired from persons consulting the social worker in a professional capacity, except that which may be voluntarily disclosed under the following circumstances:

(a) In the course of formally reporting, conferring or consulting with administrative superiors, colleagues or consultants who share professional responsibility, including a professional responsibility to maintain confidentiality, in which instance all recipients of such information are similarly bound to regard the communication as privileged;

(b) With the written consent of the person who provided the information;

(c) In case of death or disability, with the written consent of a personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health or physical condition;

(d) When a communication reveals the intended commission of a crime or harmful act and such disclosure is judged necessary by the licensed clinical social worker or licensed social worker to protect any person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety;

(e) When the person waives the privilege by bringing any public charges against the licensee; or

(f) When the information is acquired during the course of investigating a report or working on a case of elder abuse, neglect, or financial exploitation by a designated Elder Abuse Provider Agency and disclosure of the information is in accordance with the provisions of Section 8 of the Elder Abuse and Neglect Act.

2. When the person is a minor under the laws of the State of Illinois and the information acquired by the licensed clinical social worker or licensed social worker indicates the minor was the victim or subject of a crime, the licensed clinical social worker or licensed social worker may be required to testify in any judicial proceedings in which the commission of that crime is the subject of inquiry and when, after in camera review of the information that the licensed clinical social worker or licensed social worker acquired, the court determines that the interests of the minor in having the information held privileged are outweighed by the requirements of justice, the need to protect the public safety or the need to protect the minor, except as provided under the Abused and Neglected Child Reporting Act.

3. Any person having access to records or any one who participates in providing social work services or who, in providing any human services, is supervised by a licensed clinical social worker or licensed social worker, is similarly bound to regard all information and communications as privileged in accord with this Section.

4. Nothing shall be construed to prohibit a licensed clinical social worker or licensed social worker from voluntarily testifying in court hearings concerning matters of adoption, child abuse, child neglect or other matters pertaining to children, except as provided under the Abused and Neglected Child Reporting Act.

5. The Mental Health and Developmental Disabilities Confidentiality Act, as now or hereafter amended, is incorporated herein as if all of its provisions were included in this Act.

(Source: P.A. 89-387, eff. 8-20-95.)

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