Full Text of SB0656 100th General Assembly
SB0656sam001 100TH GENERAL ASSEMBLY | Sen. Jil Tracy Filed: 3/1/2017
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| 1 | | AMENDMENT TO SENATE BILL 656
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 656 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mental Health and Developmental | 5 | | Disabilities Confidentiality Act is amended by changing | 6 | | Section 11 as follows:
| 7 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| 8 | | Sec. 11. Disclosure of records and communications. Records | 9 | | and
communications may be disclosed:
| 10 | | (i) in accordance with the provisions of the
Abused and | 11 | | Neglected Child Reporting Act, subsection (u) of Section 5 | 12 | | of the Children and Family Services Act, or Section 7.4 of | 13 | | the Child Care Act of 1969;
| 14 | | (ii) when, and to the extent, a
therapist, in his or | 15 | | her sole discretion, determines that disclosure is
| 16 | | necessary to initiate or continue civil commitment or |
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| 1 | | involuntary treatment proceedings under the laws
of this | 2 | | State or to otherwise protect the recipient or other person | 3 | | against a
clear, imminent risk of serious physical or | 4 | | mental injury or disease or death
being inflicted upon the | 5 | | recipient or by the recipient on himself or another;
| 6 | | (iii) when, and to the extent disclosure is, in the | 7 | | sole discretion of the
therapist, necessary to the | 8 | | provision of emergency medical care to a recipient
who is | 9 | | unable to assert or waive his or her rights hereunder;
| 10 | | (iv) when
disclosure is necessary to collect sums or | 11 | | receive third
party payment representing charges for | 12 | | mental health or developmental
disabilities services | 13 | | provided by a therapist or agency to a recipient
under | 14 | | Chapter V of the Mental Health and Developmental | 15 | | Disabilities Code or to
transfer debts under the | 16 | | Uncollected State Claims Act; however, disclosure
shall be | 17 | | limited to information needed to pursue collection, and the
| 18 | | information so disclosed shall not be used for any other | 19 | | purposes nor shall it
be redisclosed except in connection | 20 | | with collection activities;
| 21 | | (v) when
requested by a family member, the Department | 22 | | of Human Services may assist in
the location of the | 23 | | interment site of a deceased recipient who is interred in a
| 24 | | cemetery established under Section 26 of the Mental Health | 25 | | and
Developmental Disabilities Administrative Act;
| 26 | | (vi) in judicial proceedings
under Article VIII of |
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| 1 | | Chapter III and Article V of Chapter IV of the Mental
| 2 | | Health and Developmental Disabilities Code and proceedings | 3 | | and investigations
preliminary thereto, to the State's | 4 | | Attorney for the county or residence of a
person who is the | 5 | | subject of such proceedings, or in which the person is | 6 | | found,
or in which the facility is located, to the attorney | 7 | | representing the petitioner in the judicial proceedings, | 8 | | to the attorney representing the recipient
in the judicial | 9 | | proceedings, to any person or agency providing mental | 10 | | health
services that are the subject of the proceedings and | 11 | | to that person's or
agency's attorney, to any court | 12 | | personnel, including but not limited to judges
and circuit | 13 | | court clerks, and to a guardian ad litem if one has been | 14 | | appointed
by the court. Information disclosed under this | 15 | | subsection shall not be utilized
for any other purpose nor | 16 | | be redisclosed except in connection with the
proceedings or | 17 | | investigations. Copies of any records provided to counsel | 18 | | for a petitioner shall be deleted or destroyed at the end | 19 | | of the proceedings and counsel for petitioner shall certify | 20 | | to the court in writing that he or she has done so. At the | 21 | | request of a recipient or his or her counsel, the court | 22 | | shall issue a protective order ensuring insuring the | 23 | | confidentiality of any records or communications provided | 24 | | to counsel for a petitioner;
| 25 | | (vii) when, and to the extent disclosure is
necessary | 26 | | to comply with the requirements of the Census Bureau in |
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| 1 | | taking the
federal Decennial Census;
| 2 | | (viii) when, and to the extent, in the
therapist's sole | 3 | | discretion, disclosure is necessary to warn or protect a
| 4 | | specific individual against whom a recipient has made a | 5 | | specific threat of
violence where there exists a | 6 | | therapist-recipient relationship or a special
| 7 | | recipient-individual relationship;
| 8 | | (ix) in accordance with the Sex Offender
Registration | 9 | | Act;
| 10 | | (x) in accordance with the Rights of Crime Victims and
| 11 | | Witnesses Act; | 12 | | (xi) in accordance with Section 6 of the Abused and | 13 | | Neglected Long Term Care Facility Residents Reporting Act; | 14 | | (xii) in accordance with Section 55 of the Abuse of | 15 | | Adults with Disabilities Intervention Act;
| 16 | | (xiii) to an HIE as specifically allowed under this Act | 17 | | for HIE purposes and in accordance with any applicable | 18 | | requirements of the HIE; and | 19 | | (xiv) to a law enforcement agency in connection with | 20 | | the investigation or recovery of a person who has left a | 21 | | mental health or developmental disability facility as | 22 | | defined in Section 1-107 or 1-114 of the Mental Health and | 23 | | Developmental Disabilities Code or the custody of the | 24 | | Department of Human Services without being duly discharged | 25 | | or being free to do so; however, disclosure shall be | 26 | | limited to
identifying information as defined in Section |
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| 1 | | 12.2 of this Act ; and . | 2 | | (xv) in a hearing conducted under Article 110 of Title | 3 | | III of the Code of Criminal Procedure of 1963, to a public | 4 | | defender or other attorney appointed by the court or | 5 | | retained by a criminal defendant for the purpose of | 6 | | preparing for and conducting a hearing to determine whether | 7 | | to release the defendant on her or his own recognizance or | 8 | | to determine the amount of bail or the conditions of the | 9 | | bail bond. Information disclosed under this subsection | 10 | | shall not be used for any other purpose nor be redisclosed | 11 | | except in connection with the proceedings. Copies of any | 12 | | records provided to counsel for a defendant shall be | 13 | | deleted or destroyed at the end of the proceedings and | 14 | | counsel for defendant shall certify to the court in writing | 15 | | that he or she has done so. At the request of a recipient | 16 | | or his or her counsel, the court shall issue a protective | 17 | | order ensuring the confidentiality of any records or | 18 | | communications provided to counsel for a defendant. | 19 | | 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
| 26 | | disclosure under this Section, the good faith of any person, |
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| 1 | | institution, or
agency so reporting or disclosing shall be | 2 | | presumed.
| 3 | | (Source: P.A. 98-378, eff. 8-16-13; 99-216, eff. 7-31-15.)".
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