Illinois General Assembly - Full Text of SB1970
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Full Text of SB1970  102nd General Assembly

SB1970ham002 102ND GENERAL ASSEMBLY

Rep. Jennifer Gong-Gershowitz

Filed: 5/18/2021

 

 


 

 


 
10200SB1970ham002LRB102 17209 LNS 26638 a

1
AMENDMENT TO SENATE BILL 1970

2    AMENDMENT NO. ______. Amend Senate Bill 1970 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Mental Health and Developmental
5Disabilities Confidentiality Act is amended by adding Section
65.5 as follows:
 
7    (740 ILCS 110/5.5 new)
8    Sec. 5.5. Limited access to basic mental health
9information.
10    (a) Each of the following individuals is entitled, upon
11request, to obtain the information listed in this Section
12pursuant to the procedures set forth in this Section if the
13individual resides with the recipient or is paying for the
14recipient's care:
15        (1) the parent of a recipient;
16        (2) the adult sibling of a recipient;

 

 

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1        (3) the adult child of a recipient;
2        (4) the spouse of a recipient, if the spouse is
3    residing with the recipient; and
4        (5) the adult grandchild of the recipient.
5    (b) An individual listed under subsection (a) is entitled
6to information under this Section if:
7        (1) the individual provides to the inpatient mental
8    health facility:
9            (i) proof of identification; and
10            (ii) a statement, in writing, that the individual
11        resides with the recipient or is paying for the
12        recipient's care, and the statement includes the
13        individual's name, address, phone number, and
14        relationship to the recipient, a declaration that
15        there is no current or pending order of protection
16        involving both the individual and the recipient, and,
17        if the individual is the spouse of the recipient, a
18        declaration that no action is pending between the
19        individual and the recipient under the Illinois
20        Marriage and Dissolution of Marriage Act; and
21        (2) the recipient's treating physician determines, in
22    writing and in the exercise of the physician's
23    professional judgment, that, at the time any disclosure is
24    made, the recipient lacks the capacity to make a reasoned
25    decision about the disclosure under Section 5 and that the
26    disclosure is in the recipient's best interest. When

 

 

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1    making a decision regarding the recipient's best interest,
2    the physician shall give substantial consideration to any
3    prior instructions from a recipient identifying
4    individuals with whom the recipient's information may be
5    shared. No disclosure pursuant to this Section may be made
6    at any time when a recipient has the capacity to make a
7    decision about the disclosure. If the recipient regains
8    the capacity to make a reasoned decision about the
9    disclosure while he or she is receiving treatment in the
10    facility, the facility shall notify the recipient of the
11    information disclosed and the person or persons to whom it
12    was disclosed.
13    This Section allows for the exchange of information
14between individuals residing with the recipient or individuals
15paying for the recipient's care and medical personnel without
16informed consent when the recipient lacks the capacity for
17informed consent. Once the recipient regains the capacity for
18informed consent, this Section no longer applies and any
19allowance for the exchange of information between individuals
20authorized under this Section and the medical personnel is
21terminated.
22    (c) An individual listed under subsection (a) is entitled
23to access the following information:
24        (1) whether the recipient is located at the mental
25    health facility;
26        (2) plans for the discharge of the recipient,

 

 

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1    including the anticipated date and time of the discharge,
2    if known, the address where the recipient will live, and
3    the plans, if any, for the provision of treatment in the
4    community following discharge for the mental health
5    condition or conditions for which the recipient was
6    receiving treatment at the inpatient mental health
7    facility, including, but not limited to, medication
8    related to the recipient's mental health condition and the
9    identity of any person or agency that will be providing
10    treatment to the recipient; and
11        (3) if the mental health facility has filed a petition
12    for inpatient or outpatient commitment under Chapter III
13    of the Mental Health and Developmental Disabilities Code,
14    a copy of the petition.
15    (d) An individual who has received information under this
16Section shall not redisclose the information except as
17necessary to provide for the recipient's care or payment for
18the recipient's care. The information shall be excluded from
19evidence in a proceeding and may not be used in any other way,
20unless it is being used to assert or prove that a person is
21subject to an involuntary admission on an inpatient or
22outpatient basis or whether psychotropic medication or
23electroconvulsive therapy may be administered under the Mental
24Health and Developmental Disabilities Code or to prove that a
25person is a person with a disability in need of an adult
26guardianship proceeding under Article XIa of the Probate Act

 

 

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1of 1975.
2    (e) If access or modification of the information is
3requested, the request, the grounds for its acceptance or
4denial, and any action taken thereon shall be noted in the
5recipient's record.
6    (f) No information shall be disclosed under this Section
7if the recipient has either designated an agent under the
8Powers of Attorney for Health Care Law or an attorney-in-fact
9under the Mental Health Treatment Preference Declaration Act
10who is currently authorized to receive the information set
11forth in subsection (c).
12    (g) Any person who knowingly and willfully violates any
13provision of this Section is guilty of a Class A misdemeanor.
14    (h) Nothing in this Section shall be construed to violate
15federal or State laws concerning informed consent.".