Full Text of SB1507 096th General Assembly
SB1507enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Clinical Social Work and Social Work | 5 |
| Practice Act is amended by changing Section 16 as follows:
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| (225 ILCS 20/16) (from Ch. 111, par. 6366)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 16. Privileged Communications and Exceptions.
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| 1. No licensed clinical social worker or licensed social | 10 |
| worker shall
disclose any information acquired from persons | 11 |
| consulting the social worker
in a professional capacity, except | 12 |
| that which may be voluntarily disclosed
under the following | 13 |
| circumstances:
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| (a) In the course of formally reporting, conferring or | 15 |
| consulting with
administrative superiors, colleagues or | 16 |
| consultants who share professional
responsibility, | 17 |
| including a professional responsibility to maintain | 18 |
| confidentiality, in which instance all recipients of such | 19 |
| information are
similarly bound to regard the | 20 |
| communication as privileged;
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| (b) With the written consent of the person who provided | 22 |
| the information;
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| (c) In case of death or disability, with the written |
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| consent of a
personal representative, other person | 2 |
| authorized to sue, or the beneficiary
of an insurance | 3 |
| policy on the person's life, health or physical condition;
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| (d) When a communication reveals the intended | 5 |
| commission of a crime or
harmful act and such disclosure is | 6 |
| judged necessary by the licensed
clinical social worker or | 7 |
| licensed social worker to protect any person from
a clear, | 8 |
| imminent risk of serious mental or physical harm or injury, | 9 |
| or to
forestall a serious threat to the public safety;
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| (e) When the person waives the privilege by bringing | 11 |
| any public charges
against the licensee; or
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| (f) When the information is acquired during the course | 13 |
| of investigating a
report or working on a case of elder | 14 |
| abuse, neglect, or financial exploitation
by a designated | 15 |
| Elder Abuse Provider Agency and disclosure of the | 16 |
| information
is
in accordance with the provisions of Section | 17 |
| 8 of the Elder Abuse and Neglect
Act.
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| 2. When the person is a minor under the laws of the State | 19 |
| of Illinois
and the information acquired by the licensed | 20 |
| clinical social worker or
licensed social worker indicates the | 21 |
| minor was
the victim or subject of a crime, the licensed | 22 |
| clinical social worker or
licensed social worker may be | 23 |
| required to testify
in any judicial proceedings in which the | 24 |
| commission of that crime is the
subject of inquiry and when, | 25 |
| after in camera review of the information that
the licensed | 26 |
| clinical social worker or licensed social worker acquired,
the |
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| court determines that the interests of the
minor in having the | 2 |
| information held privileged are outweighed by the
requirements | 3 |
| of justice, the need to protect the public safety or the need
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| to protect the minor, except as provided under the Abused and | 5 |
| Neglected
Child Reporting Act.
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| 3. Any person having access to records or any one who | 7 |
| participates in
providing social work services or who, in | 8 |
| providing any human services,
is supervised by a licensed | 9 |
| clinical social worker or licensed social
worker, is similarly | 10 |
| bound to regard all information
and communications as | 11 |
| privileged in accord with this Section.
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| 4. Nothing shall be construed to prohibit a licensed
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| clinical social worker or licensed social worker from
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| voluntarily testifying in court hearings concerning matters of | 15 |
| adoption, child
abuse, child neglect or other matters | 16 |
| pertaining to children,
except as provided under the Abused and | 17 |
| Neglected Child Reporting Act.
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| 5. The Mental Health and Developmental Disabilities | 19 |
| Confidentiality
Act, as now or hereafter amended, is | 20 |
| incorporated herein as if all of its
provisions were included | 21 |
| in this Act.
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| (Source: P.A. 89-387, eff. 8-20-95 .)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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