Full Text of SB1970 102nd General Assembly
SB1970ham001 102ND GENERAL ASSEMBLY | Rep. Jennifer Gong-Gershowitz Filed: 5/7/2021
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| 1 | | AMENDMENT TO SENATE BILL 1970
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1970 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 adding Section 2-113.5 as | 6 | | follows: | 7 | | (405 ILCS 5/2-113.5 new) | 8 | | Sec. 2-113.5. Receipt of information concerning a | 9 | | recipient. An inpatient mental health facility is required to | 10 | | accept information, orally or in writing, from the recipient's | 11 | | family and friends concerning the recipient's treatment for | 12 | | mental illness, including hospitalization history, | 13 | | medications, diagnoses, and behaviors related to the | 14 | | recipient's mental illness. The recipient shall be notified | 15 | | that the facility has received information under this Section | 16 | | and that he or she has the right
to respond pursuant to |
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| 1 | | subsection (c) of Section 4 of the Mental Health and | 2 | | Developmental Disabilities Confidentiality Act. A medical | 3 | | professional shall use his or her professional judgment to | 4 | | determine whether to rely on any information
provided under | 5 | | this Section. | 6 | | Section 10. The Mental Health and Developmental | 7 | | Disabilities Confidentiality Act is amended by adding Section | 8 | | 5.5 as follows: | 9 | | (740 ILCS 110/5.5 new) | 10 | | Sec. 5.5. Limited access to basic mental health | 11 | | information. | 12 | | (a) Each of the following individuals is entitled, upon | 13 | | request, to obtain the information listed in this Section | 14 | | pursuant to the procedures set forth in this Section if the | 15 | | individual resides with the recipient or is paying for the | 16 | | recipient's care: | 17 | | (1) the parent of a recipient; | 18 | | (2) the adult sibling of a recipient; | 19 | | (3) the adult child of a recipient; | 20 | | (4) the spouse of a recipient, if the spouse is | 21 | | residing with the recipient; and | 22 | | (5) the adult grandchild of the recipient. | 23 | | (b) An individual listed under subsection (a) is entitled | 24 | | to information under this Section if: |
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| 1 | | (1) the individual provides to the inpatient mental | 2 | | health facility: | 3 | | (i) proof of identification; and | 4 | | (ii) a statement, in writing, that the individual | 5 | | resides with the recipient or is paying for the | 6 | | recipient's care, and the statement includes the | 7 | | individual's name, address, phone number, and | 8 | | relationship to the recipient, a declaration that | 9 | | there is no current or pending order of protection | 10 | | involving both the individual and the recipient, and, | 11 | | if the individual is the spouse of the recipient, a | 12 | | declaration that no action is pending between the | 13 | | individual and the recipient under the Illinois | 14 | | Marriage and Dissolution of Marriage Act; and | 15 | | (2) the recipient's treating physician determines, in | 16 | | writing and in the exercise of the physician's | 17 | | professional judgment, that, at the time any disclosure is | 18 | | made, the recipient lacks the capacity to make a reasoned | 19 | | decision about the disclosure under Section 5 and that the | 20 | | disclosure is in the recipient's best interest. When | 21 | | making a decision regarding the recipient's best interest, | 22 | | the physician shall give substantial consideration to any | 23 | | prior instructions
from a recipient identifying | 24 | | individuals with whom the recipient's information may be | 25 | | shared. No disclosure pursuant to this Section may be made | 26 | | at any time when a recipient has the capacity to make a |
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| 1 | | decision about the disclosure. If the recipient regains | 2 | | the capacity to make a reasoned decision about the | 3 | | disclosure while he or she is receiving treatment in the | 4 | | facility, the facility shall notify the recipient of the | 5 | | information disclosed and the person or persons to whom it | 6 | | was disclosed. | 7 | | (c) An individual listed under subsection (a) is entitled | 8 | | to access the following information: | 9 | | (1) whether the recipient is located at the mental | 10 | | health facility; | 11 | | (2) plans for the discharge of the recipient, | 12 | | including the anticipated date and time of the discharge, | 13 | | if known, the address where the recipient will live, and | 14 | | the plans, if any, for the provision of treatment in the | 15 | | community following discharge for the mental health | 16 | | condition or conditions for which the recipient was | 17 | | receiving treatment at the inpatient mental health | 18 | | facility, including, but not limited to, medication and | 19 | | the identity of any person or agency that will be | 20 | | providing treatment to the recipient; and | 21 | | (3) if the mental health facility has filed a petition | 22 | | for inpatient or outpatient commitment under Chapter III | 23 | | of the Mental Health and Developmental Disabilities Code, | 24 | | a copy of the petition. | 25 | | (d) An individual who has received information under this | 26 | | Section shall not redisclose the information except as |
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| 1 | | necessary to provide for the recipient's care or payment for | 2 | | the recipient's care. The information shall be excluded from | 3 | | evidence in a proceeding and may not be used in any other way, | 4 | | unless it is being used to assert or prove that a person is | 5 | | subject to an involuntary admission on an inpatient or | 6 | | outpatient basis or whether psychotropic medication or | 7 | | electroconvulsive therapy may be administered under the Mental | 8 | | Health and Developmental Disabilities Code or to prove that a | 9 | | person is a person with a disability in need of an adult | 10 | | guardianship proceeding under Article XIa of the Probate Act | 11 | | of 1975. | 12 | | (e) If access or modification of the information is | 13 | | requested, the request, the grounds for its acceptance or | 14 | | denial, and any action taken thereon shall be noted in the | 15 | | recipient's record. | 16 | | (f) No information shall be disclosed under this Section | 17 | | if the recipient has either designated an agent under the | 18 | | Powers of Attorney for Health Care Law or an
attorney-in-fact | 19 | | under the Mental Health Treatment Preference Declaration Act | 20 | | who is currently authorized to receive the information set | 21 | | forth in subsection (c). | 22 | | (g) Any person who knowingly and willfully violates any | 23 | | provision of this Section is guilty of a Class A misdemeanor. | 24 | | (h) Nothing in this Act shall be construed to violate 45 | 25 | | CFR 106.203(b). ".
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