SB1970 EngrossedLRB102 17209 LNS 22667 b

1    AN ACT concerning mental 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 adding Section 2-113.5 as
7    (405 ILCS 5/2-113.5 new)
8    Sec. 2-113.5. Receipt of information concerning a
9recipient. A mental health facility is required to accept
10information, orally or in writing, from the recipient's family
11and friends concerning the recipient's treatment for mental
12illness, including hospitalization history, medications,
13diagnoses, and behaviors related to the recipient's mental
15    Section 10. The Mental Health and Developmental
16Disabilities Confidentiality Act is amended by adding Section
175.5 as follows:
18    (740 ILCS 110/5.5 new)
19    Sec. 5.5. Limited access to basic mental health
21    (a) Each of the following individuals is entitled, upon



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1request, to obtain the information listed in this Section
2pursuant to the procedures set forth in this Section if the
3individual resides with the recipient or is paying for the
4recipient's care:
5        (1) the parent of a recipient;
6        (2) the adult sibling of a recipient;
7        (3) the adult child of a recipient;
8        (4) the spouse of a recipient, if the spouse is
9    residing with the recipient; and
10        (5) the adult grandchild of the recipient.
11    (b) An individual listed under subsection (a) is entitled
12to information under this Section if:
13        (1) the individual provides to the inpatient mental
14    health facility:
15            (i) proof of identification; and
16            (ii) a statement, in writing, that the individual
17        resides with the recipient or is paying for the
18        recipient's care, and the statement includes the
19        individual's name, address, phone number, and
20        relationship to the recipient, a declaration that
21        there is no current or pending order of protection
22        involving both the individual and the recipient, and,
23        if the individual is the spouse of the recipient, a
24        declaration that no action is pending between the
25        individual and the recipient under the Illinois
26        Marriage and Dissolution of Marriage Act; and



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1        (2) the recipient's treating physician determines, in
2    writing, that the recipient is unable or unwilling, due to
3    mental or physical incapacity, to authorize the disclosure
4    under Section 5 and that the disclosure is in the
5    recipient's best interest.
6    (c) An individual listed under subsection (a) is entitled
7to access the following information:
8        (1) whether the recipient is located at the mental
9    health facility;
10        (2) plans for the discharge of the recipient,
11    including the anticipated date and time of the discharge,
12    if known, the address where the recipient will live, and
13    the plans, if any, for the provision of treatment in the
14    community following discharge, including, but not limited
15    to, medication and the identity of any person or agency
16    that will be providing treatment to the recipient; and
17        (3) if the mental health facility has filed a petition
18    for inpatient or outpatient commitment under Chapter III
19    of the Mental Health and Developmental Disabilities Code,
20    a copy of the petition.
21    (d) An individual who has received information under this
22Section shall not use the information provided by the mental
23health facility regarding the recipient to the individual's
24advantage in any legal proceeding or other transaction. The
25information shall be excluded from evidence in a proceeding
26and may not be used in any other way, unless it is being used



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1to assert or prove that a person is subject to an involuntary
2admission on an inpatient or outpatient basis or whether
3psychotropic medication or electroconvulsive therapy may be
4administered under the Mental Health and Developmental
5Disabilities Code or to prove that a person is a person with a
6disability in need of an adult guardianship proceeding under
7Article XIa of the Probate Act of 1975.
8    (e) If access or modification of the information is
9requested, the request, the grounds for its acceptance or
10denial, and any action taken thereon shall be noted in the
11recipient's record.