Full Text of HB2511 101st General Assembly
HB2511ham002 101ST GENERAL ASSEMBLY | Rep. Deanne M. Mazzochi Filed: 3/26/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2511
| 2 | | AMENDMENT NO. ______. Amend House Bill 2511 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Suicide Prevention Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Attempted suicide" means any act done with the intent
to
| 8 | | commit suicide and that constitutes a substantial step toward | 9 | | commission of
suicide. | 10 | | "Mental health services" means planned individualized | 11 | | interventions intended to reduce or ameliorate mental illness | 12 | | or the effects of mental illness through care, treatment, | 13 | | counseling, rehabilitation, medical or psychiatric care, or | 14 | | other supports provided to individuals with mental illness for | 15 | | the purpose of enabling these individuals to increase their | 16 | | self-determination and independence, obtain remunerative |
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| 1 | | employment, participate fully in all aspects of community life, | 2 | | advocate for themselves, and achieve their fullest potential to | 3 | | the greatest extent possible. | 4 | | "Mental illness" means a mental or emotional disorder that | 5 | | substantially impairs a person's thought, perception of | 6 | | reality, emotional process, judgment, behavior, or ability to | 7 | | cope with the ordinary demands of life, but does not include a | 8 | | developmental disability, dementia or Alzheimer's disease | 9 | | absent psychosis, a substance use disorder, or an abnormality | 10 | | manifested only by repeated criminal or otherwise antisocial | 11 | | conduct. | 12 | | "Physician", "psychiatrist", "clinical psychologist", | 13 | | "clinical professional counselor", and "clinical social | 14 | | worker" have the meanings ascribed to them in the Mental Health | 15 | | and Developmental Disabilities Code. | 16 | | "Psychiatric nurse" means a registered nurse with a | 17 | | master's degree in
psychiatric nursing who has 3 years of | 18 | | clinical training and experience in the evaluation and | 19 | | treatment of mental illness that has been acquired subsequent | 20 | | to any training and experience that constituted a part of the | 21 | | degree program. | 22 | | "Recipient" means a person who is receiving or has received | 23 | | mental health services. | 24 | | "Therapist" means a psychiatrist, physician, clinical | 25 | | psychologist, clinical social worker, psychiatric nurse, | 26 | | clinical professional counselor, any other person providing |
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| 1 | | mental health services, or any other person not prohibited by | 2 | | law from providing those services or from holding himself or | 3 | | herself out as a therapist if the recipient reasonably believes | 4 | | that the person is permitted to do so. Therapist includes any | 5 | | successor of the therapist.
| 6 | | Section 10. Suicide prevention. For a person 12 years of | 7 | | age or older who is receiving or has received mental health | 8 | | services for an attempted suicide, the person's therapist may
| 9 | | share mental health information with family members, friends,
| 10 | | or others involved in the recipient's care, if the recipient | 11 | | agrees
or does not object, and the information is relevant to | 12 | | the family
member, friend, or caregiver's involvement with the | 13 | | recipient's
healthcare or the payment for that care. The | 14 | | therapist must: (1) ask
the recipient's permission to share | 15 | | relevant information with
family members, friends, or other | 16 | | caregivers; (2) tell the recipient
he or she plans to discuss | 17 | | the information; (3) give the recipient
an opportunity to agree | 18 | | or object; or may infer from the circumstances,
using | 19 | | professional judgment, that the recipient does not object; and | 20 | | (4) determine that the
sharing of relevant information is in | 21 | | the recipient's best interest.
The family, friends, or | 22 | | caregivers may consult with
the therapist every 30 days | 23 | | following a suicide attempt for the
period of one year. The | 24 | | period may be extended by the therapist
based on need. The | 25 | | therapist shall be responsible for
consulting with the |
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| 1 | | designated person about the progress of the
person who is | 2 | | receiving mental health services toward
restoration of mental | 3 | | health.
| 4 | | Section 15. Immunity of therapist from criminal or civil | 5 | | liability. Except as otherwise prohibited by the federal Health | 6 | | Insurance Portability and Accountability Act of 1996, a | 7 | | therapist is not criminally or civilly liable for disclosing | 8 | | the recipient's therapy or for discussing the progress of the | 9 | | recipient toward mental health to a person designated under | 10 | | Section 10. | 11 | | Section 105. The Mental Health and Developmental | 12 | | Disabilities Confidentiality Act is amended by changing | 13 | | Section 4 as follows:
| 14 | | (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
| 15 | | Sec. 4.
(a) The following persons shall be entitled, upon | 16 | | request,
to inspect and copy a recipient's record or any part | 17 | | thereof:
| 18 | | (1) the parent or guardian of a recipient who is under | 19 | | 12 years of age;
| 20 | | (2) the recipient if he is 12 years of age or older;
| 21 | | (3) the parent or guardian of a recipient who is at | 22 | | least 12 but under
18 years, if the recipient is informed | 23 | | and does not object or if the therapist
does not find that |
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| 1 | | there are compelling reasons for denying the access.
The | 2 | | parent or guardian who is denied access by either the | 3 | | recipient or the
therapist may petition a court for access | 4 | | to the record. Nothing in this
paragraph is intended to | 5 | | prohibit the parent or guardian of a recipient who is
at | 6 | | least 12 but under 18 years from requesting and receiving | 7 | | the following
information: current physical and mental | 8 | | condition, diagnosis, treatment needs,
services provided, | 9 | | and services needed, including medication, if any;
| 10 | | (4) the guardian of a recipient who is 18 years or | 11 | | older;
| 12 | | (5) an attorney or guardian ad litem who represents a | 13 | | minor 12
years of age or older in any judicial or | 14 | | administrative proceeding,
provided that the court or | 15 | | administrative hearing officer has entered an
order | 16 | | granting the attorney this right;
| 17 | | (6) an agent appointed under a recipient's power of | 18 | | attorney for health
care or for property, when the power of | 19 | | attorney authorizes the access;
| 20 | | (7) an attorney-in-fact appointed under the Mental | 21 | | Health Treatment Preference Declaration Act; or | 22 | | (8) any person in whose care and custody the recipient | 23 | | has been placed pursuant to Section 3-811 of the Mental | 24 | | Health and Developmental Disabilities Code ; or | 25 | | (9) any person designated by a therapist under Section | 26 | | 10 of the Suicide Prevention Act to be consulted on the |
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| 1 | | progress of a recipient of mental health services who has | 2 | | attempted suicide, but only to the extent the information
| 3 | | is necessary for the family member, friend, or caregiver's
| 4 | | involvement with the recipient's health care or the payment
| 5 | | for that care and consistent with the therapist's | 6 | | professional
judgment that the consultation is in the | 7 | | recipient's best interest . | 8 | | (b) Assistance in interpreting the record may be provided | 9 | | without charge
and shall be provided if the person inspecting | 10 | | the record is under 18 years
of age. However, access may in no | 11 | | way be denied or limited if the person
inspecting the record | 12 | | refuses the assistance. A reasonable fee may be
charged for | 13 | | duplication of a record. However, when requested to do so in
| 14 | | writing by any indigent recipient, the custodian of the records | 15 | | shall
provide at no charge to the recipient, or to the | 16 | | Guardianship and Advocacy
Commission, the agency designated by | 17 | | the Governor under Section 1 of the
Protection and Advocacy for | 18 | | Persons with Developmental Disabilities Act or to any
other | 19 | | not-for-profit agency whose primary purpose is to provide free | 20 | | legal
services or advocacy for the indigent and who has | 21 | | received written
authorization from the recipient under | 22 | | Section 5 of this Act to receive his
records, one copy of any | 23 | | records in its possession whose disclosure is
authorized under | 24 | | this Act.
| 25 | | (c) Any person entitled to access to a record under this | 26 | | Section may submit
a written statement concerning any disputed |
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| 1 | | or new information, which statement
shall be entered into the | 2 | | record. Whenever any disputed part of a record
is disclosed, | 3 | | any submitted statement relating thereto shall accompany the
| 4 | | disclosed part. Additionally, any person entitled to access may | 5 | | request
modification of any part of the record which he | 6 | | believes is incorrect or
misleading. If the request is refused, | 7 | | the person may seek a court order
to compel modification.
| 8 | | (d) Whenever access or modification is requested, the | 9 | | request and any
action taken thereon shall be noted in the | 10 | | recipient's record.
| 11 | | (Source: P.A. 99-143, eff. 7-27-15.)".
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