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


Sen. Laura Fine

Filed: 3/25/2021





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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 Code is amended by adding Section 2-113.5 as
7    (405 ILCS 5/2-113.5 new)
8    Sec. 2-113.5. Receipt of information concerning a
9recipient. A mental health facility is required to accept
10information, orally or in writing, from the recipient's family
11and friends concerning the recipient's treatment for mental
12illness, including hospitalization history, medications,
13diagnoses, and behaviors related to the recipient's mental
15    Section 10. The Mental Health and Developmental



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1Disabilities Confidentiality Act is amended by adding Section
25.5 as follows:
3    (740 ILCS 110/5.5 new)
4    Sec. 5.5. Limited access to basic mental health
6    (a) Each of the following individuals is entitled, upon
7request, to obtain the information listed in this Section
8pursuant to the procedures set forth in this Section if the
9individual resides with the recipient or is paying for the
10recipient's care:
11        (1) the parent of a recipient;
12        (2) the adult sibling of a recipient;
13        (3) the adult child of a recipient;
14        (4) the spouse of a recipient, if the spouse is
15    residing with the recipient; and
16        (5) the adult grandchild of the recipient.
17    (b) An individual listed under subsection (a) is entitled
18to information under this Section if:
19        (1) the individual provides to the inpatient mental
20    health facility:
21            (i) proof of identification; and
22            (ii) a statement, in writing, that the individual
23        resides with the recipient or is paying for the
24        recipient's care, and the statement includes the
25        individual's name, address, phone number, and



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1        relationship to the recipient, a declaration that
2        there is no current or pending order of protection
3        involving both the individual and the recipient, and,
4        if the individual is the spouse of the recipient, a
5        declaration that no action is pending between the
6        individual and the recipient under the Illinois
7        Marriage and Dissolution of Marriage Act; and
8        (2) the recipient's treating physician determines, in
9    writing, that the recipient is unable or unwilling, due to
10    mental or physical incapacity, to authorize the disclosure
11    under Section 5 and that the disclosure is in the
12    recipient's best interest.
13    (c) An individual listed under subsection (a) is entitled
14to access the following information:
15        (1) whether the recipient is located at the mental
16    health facility;
17        (2) plans for the discharge of the recipient,
18    including the anticipated date and time of the discharge,
19    if known, the address where the recipient will live, and
20    the plans, if any, for the provision of treatment in the
21    community following discharge, including, but not limited
22    to, medication and the identity of any person or agency
23    that will be providing treatment to the recipient; and
24        (3) if the mental health facility has filed a petition
25    for inpatient or outpatient commitment under Chapter III
26    of the Mental Health and Developmental Disabilities Code,



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1    a copy of the petition.
2    (d) An individual who has received information under this
3Section shall not use the information provided by the mental
4health facility regarding the recipient to the individual's
5advantage in any legal proceeding or other transaction. The
6information shall be excluded from evidence in a proceeding
7and may not be used in any other way, unless it is being used
8to assert or prove that a person is subject to an involuntary
9admission on an inpatient or outpatient basis or whether
10psychotropic medication or electroconvulsive therapy may be
11administered under the Mental Health and Developmental
12Disabilities Code or to prove that a person is a person with a
13disability in need of an adult guardianship proceeding under
14Article XIa of the Probate Act of 1975.
15    (e) If access or modification of the information is
16requested, the request, the grounds for its acceptance or
17denial, and any action taken thereon shall be noted in the
18recipient's record.".