Full Text of HB3977 102nd General Assembly
HB3977ham003 102ND GENERAL ASSEMBLY | Rep. Lindsey LaPointe Filed: 3/1/2022
| | 10200HB3977ham003 | | LRB102 15075 LNS 37134 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3977
| 2 | | AMENDMENT NO. ______. Amend House Bill 3977, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the First | 6 | | Responders Behavioral Healthcare Bill of Rights Act. | 7 | | Section 5. Purposes. The General Assembly recognizes the | 8 | | difficult nature of the job of first responder, including | 9 | | trauma endured by first responders in the performance of their | 10 | | duties. It is the intent of the General Assembly to ensure that | 11 | | first responders, including police, firefighters, and | 12 | | emergency medical technicians across this State, have full | 13 | | access to supportive and responsive behavioral health services | 14 | | and treatment. The General Assembly recognizes that these | 15 | | services should be responsive to the individual's needs and | 16 | | must be kept confidential. The General Assembly recognizes |
| | | 10200HB3977ham003 | - 2 - | LRB102 15075 LNS 37134 a |
|
| 1 | | that the administration and provision of these services both | 2 | | recognize and reduce the historical barrier of stigma and a | 3 | | lack of confidentiality that first responders face when | 4 | | attempting to access behavioral health services and treatment. | 5 | | Section 10. Definitions. In this Act: | 6 | | "Behavioral health" means mental health, health relating | 7 | | to substance use, or both. | 8 | | "Behavioral healthcare" means services, treatment, | 9 | | medication, and other measures to overcome, mitigate, or | 10 | | prevent a behavioral health issue. Such services, treatment, | 11 | | medication, and other measures qualify as "behavioral | 12 | | healthcare" even if there is no formal diagnosis of a specific | 13 | | condition. | 14 | | "Employee" includes a first responder employed by a unit | 15 | | of local government, school district, public or private | 16 | | hospital, or ambulance service. "Employee" also includes a | 17 | | public safety telecommunicator. | 18 | | "Employer" means a unit of local government, a school | 19 | | district, or a public or private hospital or ambulance service | 20 | | that employs first responders. "Employer" includes a board | 21 | | that is responsible for hiring and promoting first responders | 22 | | and public safety telecommunicators. | 23 | | "First responder" means a law enforcement officer or | 24 | | fireman as defined in Section 2 of the Line of Duty | 25 | | Compensation Act or an emergency medical technician (EMT) as |
| | | 10200HB3977ham003 | - 3 - | LRB102 15075 LNS 37134 a |
|
| 1 | | defined in Section 3.50 of the Emergency Medical Services | 2 | | (EMS) Systems Act. | 3 | | "Patient" means: | 4 | | (1) a person who is admitted as an inpatient or | 5 | | resident of a public or private mental health facility for | 6 | | mental health treatment under Chapter III of the Mental | 7 | | Health and Developmental Disabilities Code as an informal | 8 | | admission, a voluntary admission, a minor admission, an | 9 | | emergency admission, or an involuntary admission, unless | 10 | | the treatment was solely for an alcohol abuse disorder; or | 11 | | (2) a person who voluntarily or involuntarily receives | 12 | | mental health treatment as an outpatient or is otherwise | 13 | | provided services by a public or private mental health | 14 | | facility, and who poses a clear and present danger to | 15 | | oneself or to others. | 16 | | "Record" means any record kept by a therapist or by an | 17 | | agency in the course of providing behavioral health services | 18 | | to a first responder concerning the first responder and the | 19 | | services provided. "Record" includes the personal notes of the | 20 | | therapist or agency. "Record" includes all records maintained | 21 | | by a court that have been created in connection with, in | 22 | | preparation for, or as a result of the filing of any petition | 23 | | or certificate under Chapter II, Chapter III, or Chapter IV of | 24 | | the Mental Health and Developmental Disabilities Code and | 25 | | includes the petitions, certificates, dispositional reports, | 26 | | treatment plans, and reports of diagnostic evaluations and of |
| | | 10200HB3977ham003 | - 4 - | LRB102 15075 LNS 37134 a |
|
| 1 | | hearings under Article VIII of Chapter III or under Article V | 2 | | of Chapter IV of that Code. "Record" does not include | 3 | | information that has been deidentified in accordance with | 4 | | HIPAA, as specified in 45 CFR 164.514. "Record" does not | 5 | | include a reference to the receipt of behavioral health | 6 | | services noted during a patient history and physical or other | 7 | | summary of care. | 8 | | "Substance use" means the ingestion of one or more of the | 9 | | following: alcohol; caffeine; cannabis; hallucinogens; | 10 | | inhalants; opioids; sedatives, hypnotics, and anxiolytics; | 11 | | stimulants; tobacco; and other unknown intoxicating substances | 12 | | that the employee reasonably believes is interfering, or could | 13 | | interfere, either directly or indirectly, with the performance | 14 | | the employee's job duties. | 15 | | Section 15. Rights to behavioral healthcare. | 16 | | (a) First responders and public safety telecommunicators | 17 | | have the following rights: | 18 | | (1) The right of full access to behavioral health | 19 | | services and treatment that are responsive to the needs of | 20 | | the individual and the professions of police, emergency | 21 | | medical technician (EMT), firefighter, and public safety | 22 | | telecommunicator. | 23 | | (2) The right to seek, or access if required or | 24 | | requested, services and treatment for behavioral health | 25 | | needs without fear of repercussions by the employer or |
| | | 10200HB3977ham003 | - 5 - | LRB102 15075 LNS 37134 a |
|
| 1 | | supervisor and without fear of reprisal. | 2 | | (3) The right, in the course of seeking services and | 3 | | treatment for behavioral health, that all records, notes, | 4 | | and conclusions by the treatment provider shall not be | 5 | | shared with an employer unless otherwise mandated by law. | 6 | | (4) The right of an employee not to be compelled by the | 7 | | employer under the threat of discipline to release any | 8 | | records related to behavioral health.
| 9 | | (5) The right to have behavioral health records not be | 10 | | used in any disciplinary or other proceeding against the | 11 | | employee. If the employee waives the rights under this | 12 | | paragraph, the employee retains the right to set the scope | 13 | | of records that can be used in any disciplinary or other | 14 | | proceeding against the employee, including, but not | 15 | | limited to, treatment dates, facilities, actual or | 16 | | suspected diagnoses, and program completion status. | 17 | | The employee's records from a fitness for duty exam | 18 | | related to the employee's behavioral health shall only be | 19 | | used in a determination or proceeding against the employee | 20 | | if the fitness for duty exam was ordered in connection | 21 | | with that determination or proceeding. | 22 | | (6)
The right of an employee to seek treatment in any | 23 | | geographic area without restrictions or limitations | 24 | | imposed by the employer. | 25 | | (7) The right to have behavioral health services and | 26 | | treatment in a manner that reduces barriers to those |
| | | 10200HB3977ham003 | - 6 - | LRB102 15075 LNS 37134 a |
|
| 1 | | services and treatment. | 2 | | (8) The right to have the employer destroy and | 3 | | disregard any behavioral health records that the employer | 4 | | obtained pursuant to the
employee's unsuccessful pursuit | 5 | | of benefits under workers' compensation, pensions, and | 6 | | other programs. | 7 | | If a first responder waives any rights under this | 8 | | subsection, the right shall only be deemed waived to the | 9 | | extent specified by the first responder. | 10 | | (b) The rights guaranteed to first responders in | 11 | | subsection (a) are judicially enforceable. An aggrieved | 12 | | employee may, under the Civil Practice Law, bring an action | 13 | | for damages, attorney's fees, or injunctive relief against an | 14 | | employer for violating subsection (a). | 15 | | (c) An employee who seeks behavioral health services or | 16 | | treatment because of the use of an illicit substance is not | 17 | | subject to discipline by his or her employer for the use of the | 18 | | illicit substance unless a criminal act was carried out as a | 19 | | consequence of using that illicit substance. | 20 | | (d) An employer is responsible for the costs of any | 21 | | behavioral health services and treatment obtained by an | 22 | | employee under this Act.".
|
|