Full Text of HB3709 100th General Assembly
HB3709ham002 100TH GENERAL ASSEMBLY | Rep. Litesa E. Wallace Filed: 3/31/2017
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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. Minors 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. The consent
of the minor's his parent, guardian , or | 14 | | person in loco parentis shall not be necessary
to authorize | 15 | | outpatient counseling services or psychotherapy. The minor's | 16 | | parent,
guardian or person in loco parentis shall not be |
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| 1 | | informed of such counseling
or psychotherapy without the | 2 | | consent of the minor unless the facility director
believes such | 3 | | disclosure is necessary. If the facility director intends
to | 4 | | disclose the fact of counseling or psychotherapy, the minor | 5 | | shall be
so informed. However, until the consent of the minor's | 6 | | parent, guardian ,
or person in loco parentis has been obtained, | 7 | | outpatient counseling services or
psychotherapy provided to a | 8 | | minor under the age of 17
shall be initially limited to not | 9 | | more than 8 90-minute sessions 5 sessions, a session lasting | 10 | | not more
than 45 minutes . The service provider shall consider | 11 | | the factors contained in subsection (a-1) of this Section | 12 | | throughout the therapeutic process to determine, through | 13 | | consultation with the minor, whether attempting to obtain the | 14 | | consent of a parent, guardian, or person in loco parentis would | 15 | | be detrimental to the minor's well-being. No later than the | 16 | | eighth session, the service provider shall determine and share | 17 | | with the minor the service provider's decision as described | 18 | | below: | 19 | | (1) If the service provider finds that attempting to | 20 | | obtain consent would not be detrimental to the minor's | 21 | | well-being, the provider shall notify the minor that the | 22 | | consent of a parent, guardian, or person in loco parentis | 23 | | is required to continue counseling services or | 24 | | psychotherapy. | 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 or | 3 | | psychotherapy and shall not notify the parent, guardian, or | 4 | | person in loco parentis about the counseling services or | 5 | | psychotherapy. | 6 | | (3) If the minor permits the service provider to notify | 7 | | the parent, guardian, or person in loco parentis for the | 8 | | purpose of consent, without discontinuing counseling | 9 | | services or psychotherapy, the service provider shall make | 10 | | reasonable attempts to obtain consent. The service | 11 | | provider shall document each attempt to obtain consent in | 12 | | the minor's clinical record. The service provider may | 13 | | continue to provide counseling services or psychotherapy | 14 | | without the consent of the minor's parent, guardian, or | 15 | | person in loco parentis if: | 16 | | (A) the service provider has made at least 2 | 17 | | unsuccessful attempts to contact the minor's parent, | 18 | | guardian, or person in loco parentis to obtain consent; | 19 | | and | 20 | | (B) the service provider has obtained the minor's | 21 | | written consent. | 22 | | (4) If, after the eighth session, the service provider | 23 | | of counseling services or psychotherapy determines that
| 24 | | obtaining consent would be detrimental to the minor's
| 25 | | well-being, the service provider shall consult with his or | 26 | | her supervisor when possible to review and authorize the |
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| 1 | | determination under subsection (a) of this Section. The | 2 | | service provider shall document the basis
for the | 3 | | determination in the minor's clinical record and
may then | 4 | | accept the minor's written consent to continue to
provide | 5 | | counseling services or psychotherapy without also
| 6 | | obtaining the consent of a parent, guardian, or person in
| 7 | | loco parentis. | 8 | | (5) If the minor continues to receive counseling | 9 | | services or psychotherapy without the consent of a parent, | 10 | | guardian, or person in loco parentis beyond 8 sessions, the
| 11 | | service provider shall evaluate, in consultation with his
| 12 | | or her supervisor when possible, his or her determination
| 13 | | under this subsection (a), and review the determination
| 14 | | every 60 days until counseling services or psychotherapy | 15 | | ends or the minor reaches age 17. If it is determined | 16 | | appropriate to notify the parent, guardian, or person in | 17 | | loco parentis and the minor consents, the service provider | 18 | | shall proceed under paragraph (3) of subsection (a) of this | 19 | | Section. | 20 | | (6) When counseling services or psychotherapy are | 21 | | related to allegations of neglect, sexual abuse, or mental | 22 | | or physical abuse by the minor's parent, guardian, or | 23 | | person in loco parentis, obtaining consent of that parent, | 24 | | guardian, or person in loco parentis shall be presumed to | 25 | | be detrimental to the minor's well-being. | 26 | | (a-1) Each of the following factors must be present in |
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| 1 | | order for the service provider to find that obtaining the | 2 | | consent of a parent, guardian, or person in loco parentis would | 3 | | be detrimental to the minor's well-being: | 4 | | (1) requiring the consent or notification of a parent, | 5 | | guardian, or person in loco parentis would cause the minor | 6 | | to reject the counseling services or psychotherapy; | 7 | | (2) the failure to provide the counseling services or | 8 | | psychotherapy would be detrimental to the minor's | 9 | | well-being; | 10 | | (3) the minor has knowingly and voluntarily sought the | 11 | | counseling services or psychotherapy; and | 12 | | (4) in the opinion of the service provider, the minor | 13 | | is mature enough to participate in counseling services or | 14 | | psychotherapy productively. | 15 | | (a-2) The minor's parent, guardian, or person in loco | 16 | | parentis shall not be informed of the counseling services or | 17 | | psychotherapy without the written consent of the minor unless | 18 | | the service provider believes the disclosure is necessary under | 19 | | subsection (a) of this Section. If the facility director or | 20 | | service provider intends to disclose the fact of counseling | 21 | | services or psychotherapy, the minor shall be so informed and | 22 | | if the minor chooses to discontinue counseling services or | 23 | | psychotherapy after being informed of the decision of the | 24 | | facility director or service provider to disclose the fact of | 25 | | counseling services or psychotherapy to the parent, guardian, | 26 | | or person in loco parentis, then the parent, guardian, or |
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| 1 | | person in loco parentis shall not be notified. Under the Mental | 2 | | Health and Developmental Disabilities Confidentiality Act, the | 3 | | facility director, his or her designee, or the service provider | 4 | | shall not allow the minor's parent, guardian, or person in loco | 5 | | parentis, upon request, to inspect or copy the minor's record | 6 | | or any part of the record if the service provider finds that | 7 | | there are compelling reasons for denying the access. Nothing in | 8 | | this Section shall be interpreted to limit a minor's privacy | 9 | | and confidentiality protections under State law.
| 10 | | (b) The minor's parent, guardian , or person in loco | 11 | | parentis shall not
be liable for the costs of outpatient | 12 | | counseling services or psychotherapy which
is received by the | 13 | | minor without the consent of the minor's parent, guardian ,
or | 14 | | person in loco parentis.
| 15 | | (c) Counseling services or psychotherapy provided under | 16 | | this Section shall be provided in compliance with the | 17 | | Professional Counselor and Clinical Professional Counselor | 18 | | Licensing and Practice Act or the Clinical Psychologist | 19 | | Licensing Act. | 20 | | (Source: P.A. 86-922.)".
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