Full Text of SB2781 94th General Assembly
SB2781 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2781
Introduced 1/20/2006, by Sen. Debbie DeFrancesco Halvorson SYNOPSIS AS INTRODUCED: |
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20 ILCS 2435/55 |
from Ch. 23, par. 3395-55 |
740 ILCS 110/11 |
from Ch. 91 1/2, par. 811 |
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Amends the Abuse of Adults with Disabilities Intervention Act; provides that a person making a report of alleged abuse, neglect, or exploitation of an adult with disabilities, functioning in the person's capacity as a licensed professional, may be entitled to the result of the report and of the investigative assessment as authorized by the Inspector General. Amends the Mental Health and Developmental Disabilities Confidentiality Act; provides for the disclosure of mental health or developmental disabilities service records and communications in accordance with the Abused and Neglected Long Term Care Facility Residents Reporting Act and the Abuse of Adults with Disabilities Intervention Act. Effective immediately.
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A BILL FOR
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SB2781 |
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LRB094 15531 DRJ 50730 b |
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| AN ACT concerning health.
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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 Abuse of Adults with Disabilities | 5 |
| Intervention Act is amended by changing Section 55 as follows:
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| (20 ILCS 2435/55) (from Ch. 23, par. 3395-55)
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| Sec. 55. Access to records. All records concerning reports | 8 |
| of abuse,
neglect, or exploitation of an adult with
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| disabilities and all
records generated as a result of the | 10 |
| reports shall be confidential and
shall not be disclosed except | 11 |
| as specifically authorized by this Act or
other applicable law. | 12 |
| A person making a report of alleged abuse, neglect, or | 13 |
| exploitation functioning in his or her capacity as a licensed | 14 |
| professional may be entitled to the result of the report and of | 15 |
| the investigative assessment as authorized by the Inspector | 16 |
| General. Access to the records, but not access to the
identity | 17 |
| of the person or persons making a report of alleged
abuse, | 18 |
| neglect, or exploitation as contained in the records, shall be
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| allowed to the following persons and for the following | 20 |
| purposes:
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| (a) Adults with Disabilities Abuse Project staff in the
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| furtherance of their
responsibilities under this Act;
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| (b) A law enforcement agency investigating alleged or | 24 |
| suspected
abuse, neglect, or exploitation of an adult with | 25 |
| disabilities;
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| (c) An adult with disabilities reported to be
abused, | 27 |
| neglected, or
exploited, or the guardian of an adult with
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| disabilities unless the guardian is
the alleged perpetrator of | 29 |
| the abuse, neglect, or exploitation;
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| (d) A court, upon its finding that access to the records | 31 |
| may be
necessary for the determination of an issue before the | 32 |
| court. However,
the access shall be limited to an in camera |
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SB2781 |
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LRB094 15531 DRJ 50730 b |
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| inspection of the records,
unless the court determines that | 2 |
| disclosure of the information contained
therein is necessary | 3 |
| for the resolution of an issue then pending before it;
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| (e) A grand jury, upon its determination that access to the | 5 |
| records is
necessary to the conduct of its official business;
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| (f) Any person authorized by the Secretary, in writing, for
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| audit or bona
fide research purposes;
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| (g) A coroner or medical examiner who has reason to believe | 9 |
| that abuse or
neglect contributed to or resulted in the death | 10 |
| of an adult with disabilities;
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| (h) The agency designated pursuant to the Protection and | 12 |
| Advocacy for
Developmentally Disabled Persons Act and the
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| Protection and Advocacy for Mentally Ill Persons Act.
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| (Source: P.A. 91-671, eff. 7-1-00.)
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| Section 10. The Mental Health and Developmental | 16 |
| Disabilities Confidentiality Act is amended by changing | 17 |
| Section 11 as follows:
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| (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
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| Sec. 11. Disclosure of records and communications. Records | 20 |
| and
communications may be disclosed:
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| (i) in accordance with the provisions of the
Abused and | 22 |
| Neglected Child Reporting Act;
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| (ii) when, and to the extent, a
therapist, in his or | 24 |
| her sole discretion, determines that disclosure is
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| necessary to initiate or continue civil commitment | 26 |
| proceedings under the laws
of this State or to otherwise | 27 |
| protect the recipient or other person against a
clear, | 28 |
| imminent risk of serious physical or mental injury or | 29 |
| disease or death
being inflicted upon the recipient or by | 30 |
| the recipient on himself or another;
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| (iii) when, and to the extent disclosure is, in the | 32 |
| sole discretion of the
therapist, necessary to the | 33 |
| provision of emergency medical care to a recipient
who is | 34 |
| unable to assert or waive his or her rights hereunder;
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SB2781 |
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LRB094 15531 DRJ 50730 b |
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| (iv) when
disclosure is necessary to collect sums or | 2 |
| receive third
party payment representing charges for | 3 |
| mental health or developmental
disabilities services | 4 |
| provided by a therapist or agency to a recipient
under | 5 |
| Chapter V of the Mental Health and Developmental | 6 |
| Disabilities Code or to
transfer debts under the | 7 |
| Uncollected State Claims Act; however, disclosure
shall be | 8 |
| limited to information needed to pursue collection, and the
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| information so disclosed shall not be used for any other | 10 |
| purposes nor shall it
be redisclosed except in connection | 11 |
| with collection activities;
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| (v) when
requested by a family member, the Department | 13 |
| of Human Services may assist in
the location of the | 14 |
| interment site of a deceased recipient who is interred in a
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| cemetery established under Section 100-26 of the Mental | 16 |
| Health and
Developmental Disabilities Administrative Act;
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| (vi) in judicial proceedings
under Article VIII of | 18 |
| Chapter III and Article V of Chapter IV of the Mental
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| Health and Developmental Disabilities Code and proceedings | 20 |
| and investigations
preliminary thereto, to the State's | 21 |
| Attorney for the county or residence of a
person who is the | 22 |
| subject of such proceedings, or in which the person is | 23 |
| found,
or in which the facility is located, to the attorney | 24 |
| representing the recipient
in the judicial proceedings, to | 25 |
| any person or agency providing mental health
services that | 26 |
| are the subject of the proceedings and to that person's or
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| agency's attorney, to any court personnel, including but | 28 |
| not limited to judges
and circuit court clerks, and to a | 29 |
| guardian ad litem if one has been appointed
by the court, | 30 |
| provided that the information so disclosed shall not be | 31 |
| utilized
for any other purpose nor be redisclosed except in | 32 |
| connection with the
proceedings or investigations;
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| (vii) when, and to the extent disclosure is
necessary | 34 |
| to comply with the requirements of the Census Bureau in | 35 |
| taking the
federal Decennial Census;
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| (viii) when, and to the extent, in the
therapist's sole |
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LRB094 15531 DRJ 50730 b |
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| discretion, disclosure is necessary to warn or protect a
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| specific individual against whom a recipient has made a | 3 |
| specific threat of
violence where there exists a | 4 |
| therapist-recipient relationship or a special
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| recipient-individual relationship;
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| (ix) in accordance with the Sex Offender
Registration | 7 |
| Act; and
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| (x) in accordance with the Rights of Crime Victims and
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| Witnesses Act ; . | 10 |
| (xi) in accordance with Section 6 of the Abused and | 11 |
| Neglected Long Term Care Facility Residents Reporting Act; | 12 |
| and | 13 |
| (xii) in accordance with Section 55 of the Abuse of | 14 |
| Adults with Disabilities Intervention Act.
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| Any person, institution, or agency, under
this Act, | 16 |
| participating in good faith in the making of a report under the
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| Abused and Neglected Child Reporting Act or in the disclosure | 18 |
| of records and
communications under this Section, shall have | 19 |
| immunity from any liability,
civil, criminal or otherwise, that | 20 |
| might result by reason of such action. For
the purpose of any | 21 |
| proceeding, civil or criminal, arising out of a report or
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| disclosure under this Section, the good faith of any person, | 23 |
| institution, or
agency so reporting or disclosing shall be | 24 |
| presumed.
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| (Source: P.A. 90-423, eff. 8-15-97; 90-538, eff. 12-1-97; | 26 |
| 90-655, eff.
7-30-98; 91-357, eff. 7-29-99.)
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| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law.
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