Full Text of HB4623 097th General Assembly
HB4623 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4623 Introduced 2/1/2012, by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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Amends the Mental Health and Developmental Disabilities Code. Provides that if the respondent is unable to obtain an examination, in a proceeding to determine whether he or she is subject to involuntary admission, the respondent may request that the court order an examination to be made by a physician, qualified examiner, clinical psychologist, or other expert. Provides that if the respondent is unable to obtain an examination, in a proceeding for the administration of psychotropic medication or electroconvulsive therapy, the respondent may request that the court order an examination to be made by an impartial psychiatrist. Provides that if the respondent is receiving treatment from the Department of Human Services, the examiner shall not be in the employ of the Department of Human Services. Provides that if the respondent is receiving treatment from a hospital that is not affiliated with the Department of Human Services, the examiner shall not be in the employ of such hospital. Provides that if the respondent is in a hospital, the examiner shall be given direct access to the respondent in order to perform the examination. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that the Department of Human Services may disclose records or communications of persons receiving care from the Department or under contract with the Department, without consent, to not-for-profit institutions of higher education engaged in research concerning the safety, effectiveness, or cost-effectiveness of mental health treatments. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 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 Code is amended by changing Sections 3-804 and | 6 | | 3-812 as follows:
| 7 | | (405 ILCS 5/3-804) (from Ch. 91 1/2, par. 3-804)
| 8 | | Sec. 3-804.
The respondent is entitled to secure an | 9 | | independent examination
by a physician, qualified examiner, | 10 | | clinical psychologist or other expert
of his choice. If the | 11 | | respondent is unable to obtain an examination, in a proceeding | 12 | | to determine whether he or she is subject to involuntary | 13 | | admission, the respondent may request that the court order an | 14 | | examination to be made by a physician, qualified examiner, | 15 | | clinical psychologist, or other expert. If the respondent is | 16 | | unable to obtain an examination, in a proceeding under Section | 17 | | 2-107.1 of this Code, the respondent may request that the court | 18 | | order an examination to be made by an impartial psychiatrist. | 19 | | If the respondent is receiving treatment from the Department of | 20 | | Human Services, the examiner shall not be in the employ of the | 21 | | Department of Human Services. If the respondent is receiving | 22 | | treatment from a hospital that is not affiliated with the | 23 | | Department of Human Services, the examiner shall not be in the |
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| 1 | | employ of such hospital. If the respondent is in a hospital, | 2 | | the examiner shall be given direct access to the respondent in | 3 | | order to perform the examination. he
may request that the court | 4 | | order an examination to be made by an impartial
medical expert | 5 | | pursuant to Supreme Court Rules or by a qualified examiner,
| 6 | | clinical psychologist or other expert . Any such physician or | 7 | | other
examiner, whether secured by the respondent or appointed | 8 | | by the court, may
interview by telephone or in person any | 9 | | witnesses or other persons listed
in the petition for | 10 | | involuntary admission. The physician or other examiner
shall | 11 | | may submit to the court a report in which his findings are | 12 | | described in
detail and the report shall be made available to | 13 | | the attorneys for the parties . Determination of the | 14 | | compensation of the physician, qualified
examiner , clinical | 15 | | psychologist or other expert shall be made by the Court. The | 16 | | fee of the examiner shall be paid by the respondent's county of | 17 | | residence unless the respondent is not a resident of the State | 18 | | of Illinois, in which case the fee shall be paid by the county | 19 | | in which the proceeding is pending and its payment shall be
| 20 | | governed by Supreme Court Rule .
| 21 | | (Source: P.A. 85-558.)
| 22 | | (405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812) | 23 | | Sec. 3-812. Court ordered admission on an outpatient basis; | 24 | | modification;
revocation. | 25 | | (a) If a respondent is found subject to involuntary |
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| 1 | | admission on an outpatient basis, the court may issue an order: | 2 | | (i) placing the respondent in the care and custody of a | 3 | | relative or other
person willing and able to properly care for | 4 | | him or her; or (ii) committing the respondent to alternative
| 5 | | treatment at a community mental health provider. | 6 | | (b) An order placing the respondent in the care and custody | 7 | | of a relative or other person shall
specify the powers and | 8 | | duties of the custodian. An order of care and custody entered | 9 | | pursuant to
this Section may grant the custodian the authority | 10 | | to admit a respondent to a hospital if the
respondent fails to | 11 | | comply with the conditions of the order. If necessary in order | 12 | | to obtain the
hospitalization of the respondent, the custodian | 13 | | may apply to the court for an order authorizing an
officer of | 14 | | the peace to take the respondent into custody and transport the | 15 | | respondent to a mental health facility the
hospital specified | 16 | | in the agreed order . The provisions of Section 3-605 shall | 17 | | govern
the transportation of the respondent to a mental health | 18 | | facility, except to the extent that those
provisions are | 19 | | inconsistent with this Section. No person admitted to a | 20 | | hospital pursuant to this
subsection shall be detained for | 21 | | longer than 24 hours, excluding Saturdays, Sundays, and | 22 | | holidays,
unless, within that period, a petition for | 23 | | involuntary admission on an inpatient basis and a
certificate | 24 | | supporting such petition have been filed as provided in Section | 25 | | 3-611. | 26 | | (c) Alternative treatment shall not be ordered unless the |
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| 1 | | program being
considered is capable of providing adequate and | 2 | | humane treatment in the least
restrictive setting which is | 3 | | appropriate to the respondent's condition. The court shall have | 4 | | continuing authority to modify an order for
alternative | 5 | | treatment if the recipient fails to comply with the order or is
| 6 | | otherwise found unsuitable for alternative treatment. Prior to | 7 | | modifying
such an order, the court shall receive a report from | 8 | | the facility director
of the program specifying why the | 9 | | alternative treatment is unsuitable. The
recipient shall be | 10 | | notified and given an opportunity to respond when
modification | 11 | | of the order for alternative treatment is considered. If the | 12 | | court determines that the
respondent has violated the order for | 13 | | alternative treatment in the community or that alternative
| 14 | | treatment in the community will no longer provide adequate | 15 | | assurances for the safety of the
respondent or others, the | 16 | | court may revoke the order for alternative treatment in the | 17 | | community
and
may order a peace officer to take the recipient | 18 | | into custody and transport him to an inpatient
mental health | 19 | | facility. The provisions of
Section 3-605 shall govern the | 20 | | transportation of the respondent to a mental health
facility, | 21 | | except to the extent that those provisions are inconsistent | 22 | | with this Section. No person
admitted to a hospital pursuant to | 23 | | this subsection shall be detained for longer than 24 hours,
| 24 | | excluding Saturdays, Sundays, and holidays, unless, within | 25 | | that period, a petition for involuntary
admission on an | 26 | | inpatient basis and a certificate supporting such petition have |
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| 1 | | been filed as
provided in Section 3-611. | 2 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) | 3 | | Section 10. The Mental Health and Developmental | 4 | | Disabilities Confidentiality Act is amended by changing | 5 | | Sections 9.1 and 10 as follows:
| 6 | | (740 ILCS 110/9.1) (from Ch. 91 1/2, par. 809.1)
| 7 | | Sec. 9.1.
(a) The Department of Human Services, and other | 8 | | agencies and
institutions which provide
services, may disclose | 9 | | a recipient's record or communications, without consent,
to the | 10 | | Institute for Juvenile Research and the Institute for the Study | 11 | | of
Developmental Disabilities for purposes of research, | 12 | | education and
treatment. The Institutes shall not redisclose | 13 | | any personally identifiable
information, unless necessary for | 14 | | treatment of the identified recipient. | 15 | | (b) The Department of Human Services may disclose records | 16 | | or communications of persons receiving care from the Department | 17 | | or under contract with the Department, without consent, to | 18 | | not-for-profit institutions of higher education engaged in | 19 | | research concerning the safety, effectiveness, or | 20 | | cost-effectiveness of mental health treatments, provided that | 21 | | the Department has entered into a written agreement with the | 22 | | persons or institutions to whom the records and communications | 23 | | are disclosed, which agreement shall provide that records and | 24 | | communications are used solely for the purpose of the research |
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| 1 | | and that the records and communications are protected from | 2 | | further disclosure. The Department may refuse to disclose | 3 | | records or communications under this Section if, in its sole | 4 | | discretion, it determines that the identity of recipients or | 5 | | any of the records and communications will not be adequately | 6 | | protected. The Department shall promulgate rules concerning | 7 | | the use of any records or communications disclosed under this | 8 | | Section, including but not limited to rules prohibiting further | 9 | | disclosure and compliance with all federal and State laws and | 10 | | regulations concerning the conduct of research.
| 11 | | (Source: P.A. 89-507, eff. 7-1-97.)
| 12 | | (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
| 13 | | Sec. 10. (a) Except as provided herein, in any civil, | 14 | | criminal,
administrative, or legislative proceeding, or in any | 15 | | proceeding preliminary
thereto, a recipient, and a therapist on | 16 | | behalf and in the interest of a
recipient, has the privilege to | 17 | | refuse to disclose and to prevent the
disclosure of the | 18 | | recipient's record or communications.
| 19 | | (1) Records and communications may be disclosed in a | 20 | | civil, criminal
or administrative proceeding in which the | 21 | | recipient introduces his mental
condition or any aspect of | 22 | | his services received for such condition as an
element of | 23 | | his claim or defense, if and only to the extent the court | 24 | | in
which the proceedings have been brought, or, in the case | 25 | | of an administrative
proceeding, the court to which an |
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| 1 | | appeal or other action for review of an
administrative | 2 | | determination may be taken, finds, after in camera
| 3 | | examination of testimony or other evidence, that it is | 4 | | relevant, probative,
not unduly prejudicial or | 5 | | inflammatory, and otherwise clearly
admissible; that other | 6 | | satisfactory evidence is demonstrably unsatisfactory
as | 7 | | evidence of the facts sought to be established by such | 8 | | evidence; and
that disclosure is more important to the | 9 | | interests of substantial justice
than protection from | 10 | | injury to the therapist-recipient relationship or to
the | 11 | | recipient or other whom disclosure is likely to harm. | 12 | | Except in a criminal
proceeding in which the recipient, who | 13 | | is accused in that proceeding, raises
the defense of | 14 | | insanity, no record or communication between a therapist
| 15 | | and a recipient shall be deemed relevant for purposes of | 16 | | this subsection,
except the fact of treatment, the cost of | 17 | | services and the ultimate
diagnosis unless the party | 18 | | seeking disclosure of the communication clearly
| 19 | | establishes in the trial court a compelling need for its | 20 | | production.
However, for purposes of this Act, in any | 21 | | action brought or defended under
the Illinois Marriage and | 22 | | Dissolution of Marriage Act, or in any action in
which pain | 23 | | and suffering is an element of the claim, mental condition | 24 | | shall
not be deemed to be introduced merely by making such | 25 | | claim and shall be
deemed to be introduced only if the | 26 | | recipient or a witness on his behalf
first testifies |
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| 1 | | concerning the record or communication.
| 2 | | (2) Records or communications may be disclosed in a | 3 | | civil proceeding after
the recipient's death when the | 4 | | recipient's physical or mental condition
has been | 5 | | introduced as an element of a claim or defense by any party | 6 | | claiming
or defending through or as a beneficiary of the | 7 | | recipient, provided the
court finds, after in camera | 8 | | examination of the evidence, that it is relevant,
| 9 | | probative, and otherwise clearly admissible; that other | 10 | | satisfactory evidence
is not available regarding the facts | 11 | | sought to be established by such evidence;
and that | 12 | | disclosure is more important to the interests of | 13 | | substantial justice
than protection from any injury which | 14 | | disclosure is likely to cause.
| 15 | | (3) In the event of a claim made or an action filed by | 16 | | a recipient, or,
following the recipient's death, by any | 17 | | party claiming as a beneficiary
of the recipient for injury | 18 | | caused in the course of providing services to such | 19 | | recipient, the therapist and other persons whose actions
| 20 | | are alleged
to have been the cause of injury may disclose | 21 | | pertinent records and
communications to an attorney or | 22 | | attorneys engaged to render advice about
and to provide | 23 | | representation in connection with such matter and to | 24 | | persons
working under the supervision of such attorney or | 25 | | attorneys, and may
testify as to such records or
| 26 | | communication in any administrative, judicial
or discovery |
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| 1 | | proceeding for the purpose of preparing and presenting a
| 2 | | defense against such claim or action.
| 3 | | (4) Records and communications made to or by a | 4 | | therapist in the course
of examination ordered by a court | 5 | | for good cause shown may, if otherwise
relevant and | 6 | | admissible, be disclosed in a civil, criminal,
or | 7 | | administrative proceeding in which the recipient is a party | 8 | | or in
appropriate pretrial proceedings, provided such | 9 | | court has found that the
recipient has been as adequately | 10 | | and as effectively as possible informed
before submitting | 11 | | to such examination that such records and communications
| 12 | | would not be considered confidential or privileged. Such | 13 | | records and
communications shall be admissible only as to | 14 | | issues involving the
recipient's physical or mental | 15 | | condition and only to the extent that these
are germane to | 16 | | such proceedings. Nothing in this subsection shall be | 17 | | interpreted to permit the disclosure of records or | 18 | | communications made pursuant to Section 3-803 or 3-804 of | 19 | | the Mental Health and Developmental Disabilities Code, | 20 | | except as provided in clause (vi) of Section 11 of this | 21 | | Act.
| 22 | | (5) Records and communications may be disclosed in a | 23 | | proceeding under
the Probate Act of 1975, to determine a | 24 | | recipient's competency or need for
guardianship, provided | 25 | | that the disclosure is made only with respect to that | 26 | | issue.
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| 1 | | (6) Records and communications may be disclosed to a | 2 | | court-appointed therapist, psychologist, or psychiatrist | 3 | | for use in determining a person's fitness to stand trial if | 4 | | the records were made within the 180-day period immediately | 5 | | preceding the date of the therapist's, psychologist's or | 6 | | psychiatrist's court appointment. These records and | 7 | | communications shall be admissible only as to the issue of | 8 | | the person's fitness to stand trial. Records and | 9 | | communications may be disclosed when such are made during
| 10 | | treatment which the recipient is ordered to undergo to | 11 | | render him fit to
stand trial on a criminal charge, | 12 | | provided that the disclosure is made only
with respect to | 13 | | the issue of fitness to stand trial.
| 14 | | (7) Records and communications of the recipient may be | 15 | | disclosed in any
civil or administrative proceeding | 16 | | involving the validity of or benefits
under a life, | 17 | | accident, health or disability insurance policy or | 18 | | certificate,
or Health Care Service Plan Contract, | 19 | | insuring the recipient, but only if
and to the extent that | 20 | | the recipient's mental condition, or treatment or
services | 21 | | in connection therewith, is a material element of any claim | 22 | | or
defense of any party, provided that information sought | 23 | | or disclosed shall
not be redisclosed except in connection | 24 | | with the proceeding in which
disclosure is made.
| 25 | | (8) Records or communications may be disclosed when | 26 | | such are relevant
to a matter in issue in any action |
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| 1 | | brought under this Act and proceedings
preliminary | 2 | | thereto, provided that any information so disclosed shall | 3 | | not
be utilized for any other purpose nor be redisclosed | 4 | | except in connection
with such action or preliminary | 5 | | proceedings.
| 6 | | (9) Records and communications of the recipient may be | 7 | | disclosed in
investigations of and trials for homicide when | 8 | | the disclosure relates directly
to the fact or immediate | 9 | | circumstances of the homicide.
| 10 | | (10) Records and communications of a deceased | 11 | | recipient may be
disclosed to a coroner conducting a | 12 | | preliminary investigation into the
recipient's death under | 13 | | Section 3-3013 of the Counties Code. However,
records and | 14 | | communications of the deceased recipient disclosed in an
| 15 | | investigation shall be limited solely to the deceased | 16 | | recipient's records
and communications relating to the | 17 | | factual circumstances of the incident
being investigated | 18 | | in a mental health facility.
| 19 | | (11) Records and communications of a recipient shall be | 20 | | disclosed in a
proceeding
where a petition or motion is | 21 | | filed under the Juvenile Court Act of 1987 and
the | 22 | | recipient is
named as a parent, guardian, or legal | 23 | | custodian of a minor who is the subject
of a petition for | 24 | | wardship as
described in Section
2-3 of that Act or a minor | 25 | | who is the subject of a petition for wardship as
described | 26 | | in Section 2-4 of that
Act alleging the
minor is abused, |
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| 1 | | neglected, or dependent or the recipient is named as a | 2 | | parent
of a child
who is the subject of
a petition, | 3 | | supplemental petition, or motion to appoint a guardian with | 4 | | the
power to consent to
adoption under Section 2-29 of the | 5 | | Juvenile Court Act
of 1987.
| 6 | | (12) Records and communications of a recipient may be
| 7 | | disclosed when disclosure is necessary to collect sums or | 8 | | receive
third party payment representing charges for | 9 | | mental health or
developmental disabilities services | 10 | | provided by a therapist or
agency to a recipient; however, | 11 | | disclosure shall be limited to
information needed to pursue | 12 | | collection, and the information so
disclosed may not be | 13 | | used for any other purposes nor may it be
redisclosed | 14 | | except in connection with collection activities.
Whenever | 15 | | records are disclosed pursuant to this subdivision (12), | 16 | | the
recipient of the records shall be advised in writing | 17 | | that any person who
discloses mental health records and | 18 | | communications in violation of this Act may
be subject to | 19 | | civil liability pursuant to Section 15 of this Act or to | 20 | | criminal
penalties pursuant to Section 16 of this Act or | 21 | | both.
| 22 | | (b) Before a disclosure is made under subsection (a), any | 23 | | party to the
proceeding or any other interested person may | 24 | | request an in camera review
of the record or communications to | 25 | | be disclosed. The court or agency
conducting the proceeding may | 26 | | hold an in camera review on its own motion.
When, contrary to |
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| 1 | | the express wish of the recipient, the therapist asserts
a | 2 | | privilege on behalf and in the interest of a recipient, the | 3 | | court may
require that the therapist, in an in camera hearing, | 4 | | establish that
disclosure is not in the best interest of the | 5 | | recipient. The court or
agency may prevent disclosure or limit | 6 | | disclosure to the extent that other
admissible evidence is | 7 | | sufficient to establish the facts in issue. The
court or agency | 8 | | may enter such orders as may be necessary in order to
protect | 9 | | the confidentiality, privacy, and safety of the recipient or of
| 10 | | other persons. Any order to disclose or to not disclose shall | 11 | | be
considered a final order for purposes of appeal and shall be | 12 | | subject to
interlocutory appeal.
| 13 | | (c) A recipient's records and communications may be | 14 | | disclosed to a
duly authorized committee, commission or | 15 | | subcommittee of the General
Assembly which possesses subpoena | 16 | | and hearing powers, upon a written
request approved by a | 17 | | majority vote of the committee, commission or
subcommittee | 18 | | members. The committee, commission or subcommittee may
request | 19 | | records only for the purposes of investigating or studying
| 20 | | possible violations of recipient rights. The request shall | 21 | | state the
purpose for which disclosure is sought.
| 22 | | The facility shall notify the recipient, or his guardian, | 23 | | and therapist in
writing of any disclosure request under this | 24 | | subsection within 5 business
days after such request. Such | 25 | | notification shall also inform the
recipient, or guardian, and | 26 | | therapist of their right to object to the
disclosure within 10 |
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| 1 | | business days after receipt of the notification and
shall | 2 | | include the name, address and telephone number of the
| 3 | | committee, commission or subcommittee member or staff person | 4 | | with whom an
objection shall be filed. If no objection has been | 5 | | filed within 15
business days after the request for disclosure, | 6 | | the facility shall disclose
the records and communications to | 7 | | the committee, commission or
subcommittee. If an objection has | 8 | | been filed within 15 business days after
the request for | 9 | | disclosure, the facility shall disclose the records and
| 10 | | communications only after the committee, commission or | 11 | | subcommittee has
permitted the recipient, guardian or | 12 | | therapist to present his objection in
person before it and has | 13 | | renewed its request for disclosure by a majority
vote of its | 14 | | members.
| 15 | | Disclosure under this subsection shall not occur until all | 16 | | personally
identifiable data of the recipient and provider are | 17 | | removed from the
records and communications. Disclosure under | 18 | | this subsection shall not
occur in any public proceeding.
| 19 | | (d) No party to any proceeding described under paragraphs | 20 | | (1), (2),
(3), (4), (7), or (8) of subsection (a) of this | 21 | | Section, nor his or
her attorney, shall serve a subpoena | 22 | | seeking to obtain access to records or
communications under | 23 | | this Act unless the subpoena is accompanied by a
written order | 24 | | issued by a judge, authorizing the disclosure of the records
or | 25 | | the issuance of the subpoena. No such written order shall be | 26 | | issued without written notice of the motion to the recipient |
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| 1 | | and the treatment provider. Prior to issuance of the order, | 2 | | each party or other person entitled to notice shall be | 3 | | permitted an opportunity to be heard pursuant to subsection (b) | 4 | | of this Section. No person shall comply with a subpoena for
| 5 | | records or communications under this Act, unless the subpoena | 6 | | is
accompanied by a written order authorizing the issuance of | 7 | | the subpoena or
the disclosure of the records. Each subpoena | 8 | | duces tecum issued by a court or administrative agency or | 9 | | served on any person pursuant to this subsection (d) shall | 10 | | include the following language: "No person shall comply with a | 11 | | subpoena for mental health records or communications pursuant | 12 | | to Section 10 of the Mental Health and Developmental | 13 | | Disabilities Confidentiality Act, 740 ILCS 110/10, unless the | 14 | | subpoena is accompanied by a written order that authorizes the | 15 | | issuance of the subpoena and the disclosure of records or | 16 | | communications."
| 17 | | (e) When a person has been transported by a peace officer | 18 | | to a mental
health facility, then upon the request of a peace | 19 | | officer, if the person is
allowed to leave the mental health | 20 | | facility within 48 hours of arrival,
excluding Saturdays, | 21 | | Sundays, and holidays, the facility director shall notify
the | 22 | | local law enforcement authority prior to the release of the | 23 | | person. The
local law enforcement authority may re-disclose the | 24 | | information as necessary to
alert the appropriate enforcement | 25 | | or prosecuting authority.
| 26 | | (f) A recipient's records and communications shall be |
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| 1 | | disclosed to the
Inspector General of the Department of Human | 2 | | Services within 10 business days
of a request by the Inspector | 3 | | General
(i) in the course of an investigation authorized by the | 4 | | Department of Human Services Act and applicable rule or (ii) | 5 | | during the course of an assessment authorized by the Abuse of | 6 | | Adults with Disabilities Intervention Act and applicable rule. | 7 | | The request
shall be
in writing and signed by the Inspector | 8 | | General or his or her designee. The
request shall state the | 9 | | purpose for which disclosure is sought. Any person who
| 10 | | knowingly and willfully refuses to comply with such a request | 11 | | is guilty of a
Class A misdemeanor. A recipient's records and | 12 | | communications shall also be disclosed pursuant to subsection | 13 | | (g-5) of Section 1-17 of the Department of Human Services Act | 14 | | in testimony at health care worker registry hearings or | 15 | | preliminary proceedings when such are relevant to the matter in | 16 | | issue, provided that any information so disclosed shall not be | 17 | | utilized for any other purpose nor be redisclosed except in | 18 | | connection with such action or preliminary proceedings.
| 19 | | (Source: P.A. 96-406, eff. 8-13-09; 96-1399, eff. 7-29-10; | 20 | | 96-1453, eff. 8-20-10; 97-566, eff. 1-1-12.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
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| 3 | | 405 ILCS 5/3-804 | from Ch. 91 1/2, par. 3-804 |
| 4 | | 405 ILCS 5/3-812 | from Ch. 91 1/2, par. 3-812 |
| 5 | | 740 ILCS 110/9.1 | from Ch. 91 1/2, par. 809.1 |
| 6 | | 740 ILCS 110/10 | from Ch. 91 1/2, par. 810 |
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