Full Text of HB3709 100th General Assembly
HB3709ham001 100TH GENERAL ASSEMBLY | Rep. Litesa E. Wallace Filed: 3/23/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3709
| 2 | | AMENDMENT NO. ______. Amend House Bill 3709 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Section 3-501 as | 6 | | follows:
| 7 | | (405 ILCS 5/3-501) (from Ch. 91 1/2, par. 3-501)
| 8 | | Sec. 3-501. Minor 12 years of age or older request to | 9 | | receive
counseling services or psychotherapy on an outpatient | 10 | | basis. | 11 | | (a) Any minor 12 years of age or older may request and | 12 | | receive
counseling services or psychotherapy on an outpatient | 13 | | basis that are provided by, or under the supervision of, a | 14 | | licensed service provider . The consent
of the minor's his | 15 | | parent, guardian or person in loco parentis shall not be | 16 | | initially necessary
to authorize outpatient counseling or |
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| 1 | | psychotherapy. The minor's parent,
guardian or person in loco | 2 | | parentis shall not be informed of such counseling
or | 3 | | psychotherapy without the consent of the minor unless the | 4 | | facility director
believes such disclosure is necessary. If the | 5 | | facility director intends
to disclose the fact of counseling or | 6 | | psychotherapy, the minor shall be
so informed. However, until | 7 | | the consent of the minor's parent, guardian ,
or person in loco | 8 | | parentis has been obtained, outpatient counseling or
| 9 | | psychotherapy provided to a minor under the age of 17
shall be | 10 | | initially limited to not more than 8 90-minute sessions 5 | 11 | | sessions, a session lasting not more
than 45 minutes . The | 12 | | service provider shall consider the factors contained in | 13 | | subsection (a-1) of this Section throughout the therapeutic | 14 | | process to determine, through consultation with the minor, | 15 | | whether attempting to obtain the consent of a parent, guardian, | 16 | | or person in loco parentis would be detrimental to the minor's | 17 | | well-being. No later than the eighth session, the service | 18 | | provider shall determine and share with the minor the service | 19 | | provider's decision as described below: | 20 | | (1) If the service provider finds that attempting to | 21 | | obtain consent would not be detrimental to the minor's | 22 | | well-being, the provider shall notify the minor that the | 23 | | consent of a parent, guardian, or person in loco parentis | 24 | | is required. | 25 | | (2) If the minor does not permit the service provider | 26 | | to notify the parent, guardian, or person in loco parentis |
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| 1 | | for the purpose of consent after the eighth session the | 2 | | service provider shall discontinue counseling services and | 3 | | shall not notify the parent, guardian, or person in loco | 4 | | parentis about the treatment. | 5 | | (3) If the minor permits the service provider to notify | 6 | | the parent, guardian, or person in loco parentis for the | 7 | | purpose of consent, without discontinuing treatment, the | 8 | | service provider shall attempt to obtain consent. The | 9 | | service provider shall document each attempt to obtain | 10 | | consent in the minor's clinical record. The service | 11 | | provider may continue to provide counseling services or | 12 | | psychotherapy if: | 13 | | (A) the service provider has made at least 2 | 14 | | unsuccessful attempts to contact the minor's parent, | 15 | | guardian, or person in loco parentis to obtain consent; | 16 | | and | 17 | | (B) the service provider has obtained the minor's | 18 | | written consent. | 19 | | (4) If after the eighth session the service provider of | 20 | | counseling services or
psychotherapy determines that
| 21 | | obtaining consent would be detrimental to the minor's
| 22 | | well-being, the service provider shall consult with his or | 23 | | her supervisor when possible to review and authorize the | 24 | | determination under subsection (a) of this Section. The | 25 | | service provider shall document the basis
for the | 26 | | determination in the minor's clinical record and
may then |
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| 1 | | accept the minor's written consent to continue to
provide | 2 | | counseling services or psychotherapy without also
| 3 | | obtaining the consent of a parent, guardian, or person in
| 4 | | loco parentis. | 5 | | (5) If the minor continues to receive counseling or
| 6 | | psychotherapy services without the consent of a parent, | 7 | | guardian, or person in loco parentis beyond 8 sessions, the
| 8 | | service provider shall evaluate, in consultation with his
| 9 | | or her supervisor when possible, his or her determination
| 10 | | under this subsection (a), and review the determination
| 11 | | every 60 days until treatment ends or the minor reaches age | 12 | | 17. | 13 | | (6) When counseling services or psychotherapy are | 14 | | related to allegations of neglect, sexual abuse, or mental | 15 | | or physical abuse by the minor's parent, guardian, or | 16 | | person in loco parentis, obtaining consent of that parent, | 17 | | guardian, or person in loco parentis shall be presumed to | 18 | | be detrimental to the minor's well-being. | 19 | | (a-1) Each of the following factors must be present in | 20 | | order for the service provider to find that obtaining the | 21 | | consent of a parent, guardian, or person in loco parentis would | 22 | | be detrimental to the minor's well-being: | 23 | | (1) requiring the consent or notification of a parent | 24 | | or guardian would cause the minor to reject the treatment; | 25 | | (2) the failure to provide the treatment would be | 26 | | detrimental to the minor's well-being; |
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| 1 | | (3) the minor has knowingly and voluntarily sought the | 2 | | treatment; and | 3 | | (4) in the opinion of the service provider, the minor | 4 | | is mature enough to participate in treatment productively. | 5 | | (a-2) The minor's parent, guardian, or person in loco | 6 | | parentis shall not be informed of the counseling or | 7 | | psychotherapy without the written consent of the minor unless | 8 | | the service provider believes the disclosure is necessary. If | 9 | | the facility director or service provider intends to disclose | 10 | | the fact of counseling or psychotherapy, the minor shall be so | 11 | | informed. Under the Mental Health and Developmental | 12 | | Disabilities Confidentiality Act, the facility director, his | 13 | | or her designee, or the service provider shall not allow the | 14 | | minor's parent or guardian, upon request, to inspect or copy | 15 | | the minor's record or any part of the record if the service | 16 | | provider finds that there are compelling reasons for denying | 17 | | the access. Nothing in this Section shall be interpreted to | 18 | | limit a minor's privacy and confidentiality protections under | 19 | | State law.
| 20 | | (b) The minor's parent, guardian or person in loco parentis | 21 | | shall not
be liable for the out-of-pocket costs, including | 22 | | co-payments, deductibles, or co-insurance for costs of | 23 | | outpatient counseling or psychotherapy which
is received by the | 24 | | minor without the consent of the minor's parent, guardian ,
or | 25 | | person in loco parentis.
| 26 | | (c) Counseling services or psychotherapy provided under |
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| 1 | | this Section shall be provided in compliance with the | 2 | | Professional Counselor and Clinical Professional Counselor | 3 | | Licensing and Practice Act and the Clinical Psychologist | 4 | | Licensing Act. | 5 | | (Source: P.A. 86-922.)".
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