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Full Text of SB3657  102nd General Assembly

SB3657 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3657

 

Introduced 1/21/2022, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 110/9  from Ch. 91 1/2, par. 809
740 ILCS 110/13  from Ch. 91 1/2, par. 813

    Amends the Mental Health and Developmental Disabilities Confidentiality Act. Removes language permitting disclosure of a record or communication without consent to an advocate consulted by a therapist or agency which provides services concerning the therapist's or agency's legal rights or duties in relation to the recipient and the services being provided. Provides that a notation of the information disclosed and the purpose of such disclosure or use is not required to be noted in the recipient's record in the case of a disclosure to an attorney consulted by a therapist or agency which provides services concerning the therapist's or agency's legal rights or duties in relation to the recipient and the services being provided.


LRB102 23679 LNS 32862 b

 

 

A BILL FOR

 

SB3657LRB102 23679 LNS 32862 b

1    AN ACT concerning civil law.
 
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 Confidentiality Act is amended by changing
6Sections 9 and 13 as follows:
 
7    (740 ILCS 110/9)  (from Ch. 91 1/2, par. 809)
8    Sec. 9. In the course of providing services and after the
9conclusion of the provision of services, including for the
10purposes of treatment and care coordination, a therapist,
11integrated health system, or member of an interdisciplinary
12team may use, disclose, or re-disclose a record or
13communications without consent to:
14        (1) the therapist's supervisor, a consulting
15    therapist, members of a staff team participating in the
16    provision of services, a record custodian, a business
17    associate, an integrated health system, a member of an
18    interdisciplinary team, or a person acting under the
19    supervision and control of the therapist;
20        (2) persons conducting a peer review of the services
21    being provided;
22        (3) the Institute for Juvenile Research and the
23    Institute for the Study of Developmental Disabilities;

 

 

SB3657- 2 -LRB102 23679 LNS 32862 b

1        (4) an attorney or advocate consulted by a therapist
2    or agency which provides services concerning the
3    therapist's or agency's legal rights or duties in relation
4    to the recipient and the services being provided; and
5        (5) the Inspector General of the Department of
6    Children and Family Services when such records or
7    communications are relevant to a pending investigation
8    authorized by Section 35.5 of the Children and Family
9    Services Act where:
10            (A) the recipient was either (i) a parent, foster
11        parent, or caretaker who is an alleged perpetrator of
12        abuse or neglect or the subject of a dependency
13        investigation or (ii) a victim of alleged abuse or
14        neglect who was not a youth in care as defined in
15        Section 4d of the Children and Family Services Act,
16        and
17            (B) available information demonstrates that the
18        mental health of the recipient was or should have been
19        an issue to the safety of the child.
20    In the course of providing services, a therapist,
21integrated health system, or member of an interdisciplinary
22team may disclose a record or communications without consent
23to any department, agency, institution or facility which has
24custody of the recipient pursuant to State statute or any
25court order of commitment.
26    Information may be disclosed under this Section only to

 

 

SB3657- 3 -LRB102 23679 LNS 32862 b

1the extent that knowledge of the record or communications is
2essential to the purpose for which disclosure is made and only
3after the recipient is informed that such disclosure may be
4made. A person to whom disclosure is made under this Section
5shall not redisclose any information except as provided in
6this Act.
7(Source: P.A. 100-159, eff. 8-18-17.)
 
8    (740 ILCS 110/13)  (from Ch. 91 1/2, par. 813)
9    Sec. 13. Whenever disclosure of a record or communication
10is made without consent pursuant to this Act, other than uses,
11disclosures, or redisclosures permitted under paragraph (4) of
12Section 9 and Sections 9.5, 9.8, 9.9, 9.10, and 9.11 of this
13Act, or other than uses, disclosures, or redisclosures
14permitted under Sections 9, 9.2, and 9.4 of this Act effected
15by electronic transmission, or whenever a record is used
16pursuant to Sections 7 and 8 of this Act, a notation of the
17information disclosed and the purpose of such disclosure or
18use shall be noted in the recipient's record together with the
19date and the name of the person to whom disclosure was made or
20by whom the record was used.
21(Source: P.A. 98-378, eff. 8-16-13.)