Full Text of HB5574 95th General Assembly
HB5574ham005 95TH GENERAL ASSEMBLY
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Rep. Kathleen A. Ryg
Filed: 4/22/2008
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09500HB5574ham005 |
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LRB095 16884 AJO 49773 a |
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| AMENDMENT TO HOUSE BILL 5574
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| AMENDMENT NO. ______. Amend House Bill 5574, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Mental Health and Developmental | 6 |
| Disabilities Code is amended by changing Sections 1-104.5 and | 7 |
| 3-703 as follows: | 8 |
| (405 ILCS 5/1-104.5) | 9 |
| (This Section may contain text from a Public Act with a | 10 |
| delayed effective date )
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| Sec. 1-104.5. "Dangerous conduct" means threatening | 12 |
| behavior or conduct that places the person or another | 13 |
| individual in reasonable expectation of being harmed, or a | 14 |
| person's inability to provide, without the assistance of family | 15 |
| or outside help, for his or her basic physical needs so as to | 16 |
| guard himself or herself from serious harm.
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| Notwithstanding any other rulemaking authority that may | 2 |
| exist, neither the Governor nor any agency or agency head under | 3 |
| the jurisdiction of the Governor has any authority to make or | 4 |
| promulgate rules to implement or enforce the provisions of this | 5 |
| amendatory Act of the 95th General Assembly. If, however, the | 6 |
| Governor believes that rules are necessary to implement or | 7 |
| enforce the provisions of this amendatory Act of the 95th | 8 |
| General Assembly, the Governor may suggest rules to the General | 9 |
| Assembly by filing them with the Clerk of the House and | 10 |
| Secretary of the Senate and by requesting that the General | 11 |
| Assembly authorize such rulemaking by law, enact those | 12 |
| suggested rules into law, or take any other appropriate action | 13 |
| in the General Assembly's discretion. Nothing contained in this | 14 |
| amendatory Act of the 95th General Assembly shall be | 15 |
| interpreted to grant rulemaking authority under any other | 16 |
| Illinois statute where such authority is not otherwise | 17 |
| explicitly given. For the purposes of this amendatory Act of | 18 |
| the 95th General Assembly, "rules" is given the meaning | 19 |
| contained in Section 1-70 of the Illinois Administrative | 20 |
| Procedure Act, and "agency" and "agency head" are given the | 21 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 22 |
| Administrative Procedure Act to the extent that such | 23 |
| definitions apply to agencies or agency heads under the | 24 |
| jurisdiction of the Governor. | 25 |
| (Source: P.A. 95-602, eff. 6-1-08.)
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| (405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)
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| Sec. 3-703. If no certificate was filed, the respondent | 3 |
| shall be examined
separately by a physician, or clinical | 4 |
| psychologist, or qualified examiner
and by a psychiatrist. If a | 5 |
| certificate executed by a psychiatrist was
filed, the | 6 |
| respondent shall be examined by a physician, clinical | 7 |
| psychologist,
qualified examiner, or psychiatrist. If a | 8 |
| certificate executed by a qualified
examiner, clinical | 9 |
| psychologist, or a physician who is not a psychiatrist
was | 10 |
| filed, the respondent shall be examined by a psychiatrist. The
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| examining physician, clinical psychologist, qualified examiner | 12 |
| or
psychiatrist may interview by telephone or in person any | 13 |
| witnesses or other
persons listed in the petition for | 14 |
| involuntary admission. If, as a
result of an examination, a | 15 |
| certificate is executed, the certificate shall
be promptly | 16 |
| filed with the court. If a certificate is executed, the
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| examining physician, clinical psychologist, qualified examiner | 18 |
| or
psychiatrist may also submit for filing with the court a | 19 |
| report in which
his findings are described in detail, and may | 20 |
| rely upon such findings for
his opinion that the respondent is | 21 |
| subject to involuntary admission.
Copies of the certificates | 22 |
| shall be made available to the attorneys for the
parties upon | 23 |
| request prior to the hearing. A certificate prepared in | 24 |
| compliance with this Article shall state whether or not the | 25 |
| respondent is in need of immediate hospitalization. However, if | 26 |
| both of the certificates state that the respondent is not in |
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| need of immediate hospitalization, the respondent may remain in | 2 |
| his or her place of residence absent imminent danger pending a | 3 |
| hearing on the petition unless he or she voluntarily agrees to | 4 |
| inpatient treatment.
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| Notwithstanding any other rulemaking authority that may | 6 |
| exist, neither the Governor nor any agency or agency head under | 7 |
| the jurisdiction of the Governor has any authority to make or | 8 |
| promulgate rules to implement or enforce the provisions of this | 9 |
| amendatory Act of the 95th General Assembly. If, however, the | 10 |
| Governor believes that rules are necessary to implement or | 11 |
| enforce the provisions of this amendatory Act of the 95th | 12 |
| General Assembly, the Governor may suggest rules to the General | 13 |
| Assembly by filing them with the Clerk of the House and | 14 |
| Secretary of the Senate and by requesting that the General | 15 |
| Assembly authorize such rulemaking by law, enact those | 16 |
| suggested rules into law, or take any other appropriate action | 17 |
| in the General Assembly's discretion. Nothing contained in this | 18 |
| amendatory Act of the 95th General Assembly shall be | 19 |
| interpreted to grant rulemaking authority under any other | 20 |
| Illinois statute where such authority is not otherwise | 21 |
| explicitly given. For the purposes of this amendatory Act of | 22 |
| the 95th General Assembly, "rules" is given the meaning | 23 |
| contained in Section 1-70 of the Illinois Administrative | 24 |
| Procedure Act, and "agency" and "agency head" are given the | 25 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 26 |
| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the | 2 |
| jurisdiction of the Governor. | 3 |
| (Source: P.A. 85-558.)
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| Section 10. The Mental Health and Developmental | 5 |
| Disabilities Confidentiality Act is amended by changing | 6 |
| Sections 4, 9.2, and 11 as follows:
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| (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
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| Sec. 4. (a) The following persons shall be entitled, upon | 9 |
| request,
to inspect and copy a recipient's record or any part | 10 |
| thereof:
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| (1) the parent or guardian of a recipient who is under | 12 |
| 12 years of age;
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| (2) the recipient if he is 12 years of age or older;
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| (3) the parent or guardian of a recipient who is at | 15 |
| least 12 but under
18 years, if the recipient is informed | 16 |
| and does not object or if the therapist
does not find that | 17 |
| there are compelling reasons for denying the access.
The | 18 |
| parent or guardian who is denied access by either the | 19 |
| recipient or the
therapist may petition a court for access | 20 |
| to the record. Nothing in this
paragraph is intended to | 21 |
| prohibit the parent or guardian of a recipient who is
at | 22 |
| least 12 but under 18 years from requesting and receiving | 23 |
| the following
information: current physical and mental | 24 |
| condition, diagnosis, treatment needs,
services provided, |
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| and services needed, including medication, if any;
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| (4) the guardian of a recipient who is 18 years or | 3 |
| older;
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| (5) an attorney or guardian ad litem who represents a | 5 |
| minor 12
years of age or older in any judicial or | 6 |
| administrative proceeding,
provided that the court or | 7 |
| administrative hearing officer has entered an
order | 8 |
| granting the attorney this right; or
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| (6) an agent appointed under a recipient's power of | 10 |
| attorney for health
care or for property, when the power of | 11 |
| attorney authorizes the access ; or .
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| (7) an attorney-in-fact appointed under the Mental | 13 |
| Health Treatment Preference Declaration Act. | 14 |
| (b) Assistance in interpreting the record may be provided | 15 |
| without charge
and shall be provided if the person inspecting | 16 |
| the record is under 18 years
of age. However, access may in no | 17 |
| way be denied or limited if the person
inspecting the record | 18 |
| refuses the assistance. A reasonable fee may be
charged for | 19 |
| duplication of a record. However, when requested to do so in
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| writing by any indigent recipient, the custodian of the records | 21 |
| shall
provide at no charge to the recipient, or to the | 22 |
| Guardianship and Advocacy
Commission, the agency designated by | 23 |
| the Governor under Section 1 of the
Protection and Advocacy for | 24 |
| Developmentally Disabled Persons Act or to any
other | 25 |
| not-for-profit agency whose primary purpose is to provide free | 26 |
| legal
services or advocacy for the indigent and who has |
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| received written
authorization from the recipient under | 2 |
| Section 5 of this Act to receive his
records, one copy of any | 3 |
| records in its possession whose disclosure is
authorized under | 4 |
| this Act.
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| (c) Any person entitled to access to a record under this | 6 |
| Section may submit
a written statement concerning any disputed | 7 |
| or new information, which statement
shall be entered into the | 8 |
| record. Whenever any disputed part of a record
is disclosed, | 9 |
| any submitted statement relating thereto shall accompany the
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| disclosed part. Additionally, any person entitled to access may | 11 |
| request
modification of any part of the record which he | 12 |
| believes is incorrect or
misleading. If the request is refused, | 13 |
| the person may seek a court order
to compel modification.
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| (d) Whenever access or modification is requested, the | 15 |
| request and any
action taken thereon shall be noted in the | 16 |
| recipient's record.
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| (e) Notwithstanding any other rulemaking authority that | 18 |
| may exist, neither the Governor nor any agency or agency head | 19 |
| under the jurisdiction of the Governor has any authority to | 20 |
| make or promulgate rules to implement or enforce the provisions | 21 |
| of this amendatory Act of the 95th General Assembly. If, | 22 |
| however, the Governor believes that rules are necessary to | 23 |
| implement or enforce the provisions of this amendatory Act of | 24 |
| the 95th General Assembly, the Governor may suggest rules to | 25 |
| the General Assembly by filing them with the Clerk of the House | 26 |
| and Secretary of the Senate and by requesting that the General |
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09500HB5574ham005 |
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LRB095 16884 AJO 49773 a |
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| Assembly authorize such rulemaking by law, enact those | 2 |
| suggested rules into law, or take any other appropriate action | 3 |
| in the General Assembly's discretion. Nothing contained in this | 4 |
| amendatory Act of the 95th General Assembly shall be | 5 |
| interpreted to grant rulemaking authority under any other | 6 |
| Illinois statute where such authority is not otherwise | 7 |
| explicitly given. For the purposes of this amendatory Act of | 8 |
| the 95th General Assembly, "rules" is given the meaning | 9 |
| contained in Section 1-70 of the Illinois Administrative | 10 |
| Procedure Act, and "agency" and "agency head" are given the | 11 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 12 |
| Administrative Procedure Act to the extent that such | 13 |
| definitions apply to agencies or agency heads under the | 14 |
| jurisdiction of the Governor. | 15 |
| (Source: P.A. 88-484; 89-439, eff. 6-1-96 .)
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| (740 ILCS 110/9.2)
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| Sec. 9.2. Interagency disclosure of recipient information. | 18 |
| For the
purposes of continuity of care, the Department of Human | 19 |
| Services (as
successor to the Department of Mental Health and | 20 |
| Developmental
Disabilities), community agencies funded by the
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| Department of Human Services in that capacity, licensed private | 22 |
| hospitals receiving payments from the Department of Human | 23 |
| Services or the Department of Healthcare and Family Services, | 24 |
| State correctional facilities prisons operated by the | 25 |
| Department of Corrections , mental health facilities operated |
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| by a county, and jails operated by any
county of this State may | 2 |
| disclose a
recipient's record or communications, without | 3 |
| consent, to each other, but only
for the purpose of admission, | 4 |
| treatment, planning, or discharge. Entities
shall not | 5 |
| redisclose any personally identifiable information, unless | 6 |
| necessary
for admission, treatment, planning, or discharge of | 7 |
| the identified recipient to
another setting.
No records or | 8 |
| communications may be disclosed to a county jail or State | 9 |
| correctional facility prison pursuant to
this Section unless | 10 |
| the Department has entered into a written agreement with
the | 11 |
| county jail or State correctional facility prison requiring | 12 |
| that the county jail or State correctional facility prison | 13 |
| adopt written policies and
procedures designed to ensure that | 14 |
| the records and communications are disclosed
only to those | 15 |
| persons employed by or under contract to the county jail or | 16 |
| State correctional facility prison who are
involved in the | 17 |
| provision of mental health services to inmates and that the
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| records and communications are protected from further | 19 |
| disclosure. For the purposes of this Section, the term | 20 |
| "licensed private hospital" shall have the meaning ascribed to | 21 |
| it in the Mental Health and Developmental Disabilities Code.
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| Notwithstanding any other rulemaking authority that may | 23 |
| exist, neither the Governor nor any agency or agency head under | 24 |
| the jurisdiction of the Governor has any authority to make or | 25 |
| promulgate rules to implement or enforce the provisions of this | 26 |
| amendatory Act of the 95th General Assembly. If, however, the |
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LRB095 16884 AJO 49773 a |
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| Governor believes that rules are necessary to implement or | 2 |
| enforce the provisions of this amendatory Act of the 95th | 3 |
| General Assembly, the Governor may suggest rules to the General | 4 |
| Assembly by filing them with the Clerk of the House and | 5 |
| Secretary of the Senate and by requesting that the General | 6 |
| Assembly authorize such rulemaking by law, enact those | 7 |
| suggested rules into law, or take any other appropriate action | 8 |
| in the General Assembly's discretion. Nothing contained in this | 9 |
| amendatory Act of the 95th General Assembly shall be | 10 |
| interpreted to grant rulemaking authority under any other | 11 |
| Illinois statute where such authority is not otherwise | 12 |
| explicitly given. For the purposes of this amendatory Act of | 13 |
| the 95th General Assembly, "rules" is given the meaning | 14 |
| contained in Section 1-70 of the Illinois Administrative | 15 |
| Procedure Act, and "agency" and "agency head" are given the | 16 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 17 |
| Administrative Procedure Act to the extent that such | 18 |
| definitions apply to agencies or agency heads under the | 19 |
| jurisdiction of the Governor. | 20 |
| (Source: P.A. 94-182, eff. 7-12-05.)
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| (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
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| Sec. 11. Disclosure of records and communications. Records | 23 |
| and
communications may be disclosed:
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| (i) in accordance with the provisions of the
Abused and | 25 |
| Neglected Child Reporting Act, subsection (u) of Section 5 |
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| of the Children and Family Services Act, or Section 7.4 of | 2 |
| the Child Care Act of 1969;
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| (ii) when, and to the extent, a
therapist, in his or | 4 |
| her sole discretion, determines that disclosure is
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| necessary to initiate or continue civil commitment | 6 |
| proceedings under the laws
of this State or to otherwise | 7 |
| protect the recipient or other person against a
clear, | 8 |
| imminent risk of serious physical or mental injury or | 9 |
| disease or death
being inflicted upon the recipient or by | 10 |
| the recipient on himself or another;
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| (iii) when, and to the extent disclosure is, in the | 12 |
| sole discretion of the
therapist, necessary to the | 13 |
| provision of emergency medical care to a recipient
who is | 14 |
| unable to assert or waive his or her rights hereunder;
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| (iii-a) to any medical practitioner from whom the | 16 |
| recipient is seeking medical care, including any primary | 17 |
| care physician; however, disclosure shall be limited to | 18 |
| pharmaceutical records and communications regarding | 19 |
| pharmaceuticals, including records and communications | 20 |
| regarding payment for pharmaceuticals;
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| (iv) when
disclosure is necessary to collect sums or | 22 |
| receive third
party payment representing charges for | 23 |
| mental health or developmental
disabilities services | 24 |
| provided by a therapist or agency to a recipient
under | 25 |
| Chapter V of the Mental Health and Developmental | 26 |
| Disabilities Code or to
transfer debts under the |
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| Uncollected State Claims Act; however, disclosure
shall be | 2 |
| limited to information needed to pursue collection, and the
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| information so disclosed shall not be used for any other | 4 |
| purposes nor shall it
be redisclosed except in connection | 5 |
| with collection activities;
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| (v) when
requested by a family member, the Department | 7 |
| of Human Services may assist in
the location of the | 8 |
| interment site of a deceased recipient who is interred in a
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| cemetery established under Section 100-26 of the Mental | 10 |
| Health and
Developmental Disabilities Administrative Act;
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| (vi) in judicial proceedings
under Article VIII of | 12 |
| Chapter III and Article V of Chapter IV of the Mental
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| Health and Developmental Disabilities Code and proceedings | 14 |
| and investigations
preliminary thereto, to the State's | 15 |
| Attorney for the county or residence of a
person who is the | 16 |
| subject of such proceedings, or in which the person is | 17 |
| found,
or in which the facility is located, to the attorney | 18 |
| representing the recipient
in the judicial proceedings, to | 19 |
| any person or agency providing mental health
services that | 20 |
| are the subject of the proceedings and to that person's or
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| agency's attorney, to any court personnel, including but | 22 |
| not limited to judges
and circuit court clerks, and to a | 23 |
| guardian ad litem if one has been appointed
by the court, | 24 |
| provided that the information so disclosed shall not be | 25 |
| utilized
for any other purpose nor be redisclosed except in | 26 |
| connection with the
proceedings or investigations;
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| (vii) when, and to the extent disclosure is
necessary | 2 |
| to comply with the requirements of the Census Bureau in | 3 |
| taking the
federal Decennial Census;
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| (viii) when, and to the extent, in the
therapist's sole | 5 |
| discretion, disclosure is necessary to warn or protect a
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| specific individual against whom a recipient has made a | 7 |
| specific threat of
violence where there exists a | 8 |
| therapist-recipient relationship or a special
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| recipient-individual relationship;
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| (ix) in accordance with the Sex Offender
Registration | 11 |
| Act;
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| (x) in accordance with the Rights of Crime Victims and
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| Witnesses Act; | 14 |
| (xi) in accordance with Section 6 of the Abused and | 15 |
| Neglected Long Term Care Facility Residents Reporting Act; | 16 |
| and | 17 |
| (xii) in accordance with Section 55 of the Abuse of | 18 |
| Adults with Disabilities Intervention Act.
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| Any person, institution, or agency, under
this Act, | 20 |
| participating in good faith in the making of a report under the
| 21 |
| Abused and Neglected Child Reporting Act or in the disclosure | 22 |
| of records and
communications under this Section, shall have | 23 |
| immunity from any liability,
civil, criminal or otherwise, that | 24 |
| might result by reason of such action. For
the purpose of any | 25 |
| proceeding, civil or criminal, arising out of a report or
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| disclosure under this Section, the good faith of any person, |
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| institution, or
agency so reporting or disclosing shall be | 2 |
| presumed.
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| Notwithstanding any other rulemaking authority that may | 4 |
| exist, neither the Governor nor any agency or agency head under | 5 |
| the jurisdiction of the Governor has any authority to make or | 6 |
| promulgate rules to implement or enforce the provisions of this | 7 |
| amendatory Act of the 95th General Assembly. If, however, the | 8 |
| Governor believes that rules are necessary to implement or | 9 |
| enforce the provisions of this amendatory Act of the 95th | 10 |
| General Assembly, the Governor may suggest rules to the General | 11 |
| Assembly by filing them with the Clerk of the House and | 12 |
| Secretary of the Senate and by requesting that the General | 13 |
| Assembly authorize such rulemaking by law, enact those | 14 |
| suggested rules into law, or take any other appropriate action | 15 |
| in the General Assembly's discretion. Nothing contained in this | 16 |
| amendatory Act of the 95th General Assembly shall be | 17 |
| interpreted to grant rulemaking authority under any other | 18 |
| Illinois statute where such authority is not otherwise | 19 |
| explicitly given. For the purposes of this amendatory Act of | 20 |
| the 95th General Assembly, "rules" is given the meaning | 21 |
| contained in Section 1-70 of the Illinois Administrative | 22 |
| Procedure Act, and "agency" and "agency head" are given the | 23 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 24 |
| Administrative Procedure Act to the extent that such | 25 |
| definitions apply to agencies or agency heads under the | 26 |
| jurisdiction of the Governor. |
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| (Source: P.A. 94-852, eff. 6-13-06; 94-1010, eff. 10-1-06; | 2 |
| 95-331, eff. 8-21-07.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
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