100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4441

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 5/3-501  from Ch. 91 1/2, par. 3-501

    Amends the Mental Health and Developmental Disabilities Code. Provides that counseling services or psychotherapy on an outpatient basis provided to a civilly committed minor 12 years of age or older shall be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Clinical Social Work and Social Work Practice Act, or the Clinical Psychologist Licensing Act (currently, the counseling services or psychotherapy must be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act or the Clinical Psychologist Licensing Act). Effective immediately.


LRB100 17143 RLC 32297 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4441LRB100 17143 RLC 32297 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 3-501 as
6follows:
 
7    (405 ILCS 5/3-501)  (from Ch. 91 1/2, par. 3-501)
8    Sec. 3-501. Minors 12 years of age or older request to
9receive counseling services or psychotherapy on an outpatient
10basis.
11    (a) Any minor 12 years of age or older may request and
12receive counseling services or psychotherapy on an outpatient
13basis. The consent of the minor's parent, guardian, or person
14in loco parentis shall not be necessary to authorize outpatient
15counseling services or psychotherapy. However, until the
16consent of the minor's parent, guardian, or person in loco
17parentis has been obtained, outpatient counseling services or
18psychotherapy provided to a minor under the age of 17 shall be
19initially limited to not more than 8 90-minute sessions. The
20service provider shall consider the factors contained in
21subsection (a-1) of this Section throughout the therapeutic
22process to determine, through consultation with the minor,
23whether attempting to obtain the consent of a parent, guardian,

 

 

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1or person in loco parentis would be detrimental to the minor's
2well-being. No later than the eighth session, the service
3provider shall determine and share with the minor the service
4provider's decision as described below:
5        (1) If the service provider finds that attempting to
6    obtain consent would not be detrimental to the minor's
7    well-being, the provider shall notify the minor that the
8    consent of a parent, guardian, or person in loco parentis
9    is required to continue counseling services or
10    psychotherapy.
11        (2) If the minor does not permit the service provider
12    to notify the parent, guardian, or person in loco parentis
13    for the purpose of consent after the eighth session the
14    service provider shall discontinue counseling services or
15    psychotherapy and shall not notify the parent, guardian, or
16    person in loco parentis about the counseling services or
17    psychotherapy.
18        (3) If the minor permits the service provider to notify
19    the parent, guardian, or person in loco parentis for the
20    purpose of consent, without discontinuing counseling
21    services or psychotherapy, the service provider shall make
22    reasonable attempts to obtain consent. The service
23    provider shall document each attempt to obtain consent in
24    the minor's clinical record. The service provider may
25    continue to provide counseling services or psychotherapy
26    without the consent of the minor's parent, guardian, or

 

 

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1    person in loco parentis if:
2            (A) the service provider has made at least 2
3        unsuccessful attempts to contact the minor's parent,
4        guardian, or person in loco parentis to obtain consent;
5        and
6            (B) the service provider has obtained the minor's
7        written consent.
8        (4) If, after the eighth session, the service provider
9    of counseling services or psychotherapy determines that
10    obtaining consent would be detrimental to the minor's
11    well-being, the service provider shall consult with his or
12    her supervisor when possible to review and authorize the
13    determination under subsection (a) of this Section. The
14    service provider shall document the basis for the
15    determination in the minor's clinical record and may then
16    accept the minor's written consent to continue to provide
17    counseling services or psychotherapy without also
18    obtaining the consent of a parent, guardian, or person in
19    loco parentis.
20        (5) If the minor continues to receive counseling
21    services or psychotherapy without the consent of a parent,
22    guardian, or person in loco parentis beyond 8 sessions, the
23    service provider shall evaluate, in consultation with his
24    or her supervisor when possible, his or her determination
25    under this subsection (a), and review the determination
26    every 60 days until counseling services or psychotherapy

 

 

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1    ends or the minor reaches age 17. If it is determined
2    appropriate to notify the parent, guardian, or person in
3    loco parentis and the minor consents, the service provider
4    shall proceed under paragraph (3) of subsection (a) of this
5    Section.
6        (6) When counseling services or psychotherapy are
7    related to allegations of neglect, sexual abuse, or mental
8    or physical abuse by the minor's parent, guardian, or
9    person in loco parentis, obtaining consent of that parent,
10    guardian, or person in loco parentis shall be presumed to
11    be detrimental to the minor's well-being.
12    (a-1) Each of the following factors must be present in
13order for the service provider to find that obtaining the
14consent of a parent, guardian, or person in loco parentis would
15be detrimental to the minor's well-being:
16        (1) requiring the consent or notification of a parent,
17    guardian, or person in loco parentis would cause the minor
18    to reject the counseling services or psychotherapy;
19        (2) the failure to provide the counseling services or
20    psychotherapy would be detrimental to the minor's
21    well-being;
22        (3) the minor has knowingly and voluntarily sought the
23    counseling services or psychotherapy; and
24        (4) in the opinion of the service provider, the minor
25    is mature enough to participate in counseling services or
26    psychotherapy productively.

 

 

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1    (a-2) The minor's parent, guardian, or person in loco
2parentis shall not be informed of the counseling services or
3psychotherapy without the written consent of the minor unless
4the service provider believes the disclosure is necessary under
5subsection (a) of this Section. If the facility director or
6service provider intends to disclose the fact of counseling
7services or psychotherapy, the minor shall be so informed and
8if the minor chooses to discontinue counseling services or
9psychotherapy after being informed of the decision of the
10facility director or service provider to disclose the fact of
11counseling services or psychotherapy to the parent, guardian,
12or person in loco parentis, then the parent, guardian, or
13person in loco parentis shall not be notified. Under the Mental
14Health and Developmental Disabilities Confidentiality Act, the
15facility director, his or her designee, or the service provider
16shall not allow the minor's parent, guardian, or person in loco
17parentis, upon request, to inspect or copy the minor's record
18or any part of the record if the service provider finds that
19there are compelling reasons for denying the access. Nothing in
20this Section shall be interpreted to limit a minor's privacy
21and confidentiality protections under State law.
22    (b) The minor's parent, guardian, or person in loco
23parentis shall not be liable for the costs of outpatient
24counseling services or psychotherapy which is received by the
25minor without the consent of the minor's parent, guardian, or
26person in loco parentis.

 

 

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1    (c) Counseling services or psychotherapy provided under
2this Section shall be provided in compliance with the
3Professional Counselor and Clinical Professional Counselor
4Licensing and Practice Act, the Clinical Social Work and Social
5Work Practice Act, or the Clinical Psychologist Licensing Act.
6(Source: P.A. 100-196, eff. 1-1-18.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.