Full Text of SB3812 101st General Assembly
SB3812 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3812 Introduced 2/14/2020, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: |
| 740 ILCS 110/9 | from Ch. 91 1/2, par. 809 | 740 ILCS 110/13 | from Ch. 91 1/2, par. 813 |
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Amends the Mental Health and Developmental Disabilities Confidentiality Act. Removes language permitting disclosure of a record or communication without consent to an advocate consulted by a therapist or agency which provides services concerning the therapist's or agency's legal rights or duties in relation to the recipient and the services being provided. Provides that a notation of the information disclosed and the purpose of such disclosure or use is not required to be noted in the recipient's record in the case of a disclosure to an attorney consulted by a therapist or agency which provides services concerning the therapist's or agency's legal rights or duties in relation to the recipient and the services being provided.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Confidentiality Act is amended by changing | 6 | | Sections 9 and 13 as follows:
| 7 | | (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
| 8 | | Sec. 9.
In the course of providing services and after the | 9 | | conclusion of the
provision of services, including for the | 10 | | purposes of treatment and care coordination, a therapist, | 11 | | integrated health system, or member of an interdisciplinary | 12 | | team may use, disclose, or re-disclose a record or | 13 | | communications
without consent to:
| 14 | | (1) the therapist's supervisor, a consulting | 15 | | therapist, members of a
staff team participating in the | 16 | | provision of services, a record custodian, a business | 17 | | associate, an integrated health system, a member of an | 18 | | interdisciplinary team,
or a person acting under the | 19 | | supervision and control of the therapist;
| 20 | | (2) persons conducting a peer review of the services | 21 | | being provided;
| 22 | | (3) the Institute for Juvenile Research and the | 23 | | Institute for the
Study of Developmental Disabilities;
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| 1 | | (4) an attorney or advocate consulted by a therapist or | 2 | | agency which
provides services concerning the therapist's | 3 | | or agency's legal rights or
duties in relation to the | 4 | | recipient and the services being provided; and
| 5 | | (5) the Inspector General of the Department of Children | 6 | | and Family
Services when such records or communications are | 7 | | relevant to a pending
investigation authorized by Section | 8 | | 35.5 of the Children and Family Services
Act where:
| 9 | | (A) the recipient was either (i) a parent, foster | 10 | | parent, or caretaker
who is an alleged perpetrator of | 11 | | abuse or neglect or the subject of a
dependency | 12 | | investigation or (ii) a victim of alleged abuse or | 13 | | neglect who was not a youth in care as defined in | 14 | | Section 4d of the Children and Family Services Act, and
| 15 | | (B) available information demonstrates that the | 16 | | mental health of the
recipient was or should have been | 17 | | an issue to the safety of the child.
| 18 | | In the course of providing services, a therapist, | 19 | | integrated health system, or member of an interdisciplinary | 20 | | team may disclose a record or
communications without consent to | 21 | | any department, agency, institution or
facility which has | 22 | | custody of the recipient pursuant to State statute or any
court | 23 | | order of commitment.
| 24 | | Information may be disclosed under this Section only to the | 25 | | extent that
knowledge of the record or communications is | 26 | | essential to the purpose for
which disclosure is made and only |
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| 1 | | after the recipient is informed that such
disclosure may be | 2 | | made. A person to whom disclosure is made under this
Section | 3 | | shall not redisclose any information except as provided in this | 4 | | Act.
| 5 | | (Source: P.A. 100-159, eff. 8-18-17.)
| 6 | | (740 ILCS 110/13) (from Ch. 91 1/2, par. 813)
| 7 | | Sec. 13.
Whenever disclosure of a record or communication | 8 | | is made without
consent pursuant to this Act, other than uses, | 9 | | disclosures, or redisclosures permitted under paragraph (4) of | 10 | | Section 9 and Sections 9.5, 9.8, 9.9, 9.10, and 9.11 of this | 11 | | Act, or other than uses, disclosures, or redisclosures | 12 | | permitted under Sections 9, 9.2, and 9.4 of this Act effected | 13 | | by electronic transmission, or whenever a record is used | 14 | | pursuant to Sections
7 and 8 of this Act, a notation of the | 15 | | information disclosed and the purpose
of such disclosure or use | 16 | | shall be noted in the recipient's record together
with the date | 17 | | and the name of the person to whom disclosure was made or
by | 18 | | whom the record was used.
| 19 | | (Source: P.A. 98-378, eff. 8-16-13.)
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