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90_SB0240enr
20 ILCS 505/35.5
20 ILCS 505/35.6
20 ILCS 515/20
20 ILCS 520/1-15
210 ILCS 30/6 from Ch. 111 1/2, par. 4166
210 ILCS 30/6.2 from Ch. 111 1/2, par. 4166.2
210 ILCS 30/6.3 rep.
210 ILCS 30/6.4 rep.
305 ILCS 5/8A-12
305 ILCS 5/12-13.1
405 ILCS 5/5-100A from Ch. 91 1/2, par. 5-100A
405 ILCS 5/5-100A from Ch. 91 1/2, par. 5-100A
Creates the Inspector General Act. Creates the Office of
the Inspector General to replace the inspectors general who
currently function in the Department of Children and Family
Services, the Department of Mental Health and Developmental
Disabilities or its successor, the Department of Human
Services, and the Department of Public Aid. Provides for an
Inspector General and up to 3 Deputy Inspectors General
appointed by the Governor and confirmed by the Senate for
2-year terms who may be removed by the Governor without
cause. Provides for transfer of powers, property, and
personnel to the new Office of the Inspector General. Amends
the Children and Family Services Act, the Child Death Review
Team Act, the Foster Parent Law, the Abused and Neglected
Long Term Care Facility Residents Reporting Act, the Public
Aid Code, and the Mental Health and Developmental
Disabilities Code to make conforming changes. Effective July
1, 1997.
LRB9001118LDdvA
SB240 Enrolled LRB9001118LDdvA
1 AN ACT in relation to State services, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Children and Family Services Act is
6 amended by changing Section 35.5 as follows:
7 (20 ILCS 505/35.5)
8 Sec. 35.5. Inspector General.
9 (a) The Governor shall appoint, and the Senate shall
10 confirm, an Inspector General who shall have the authority to
11 conduct investigations into allegations of or incidents of
12 possible misconduct, misfeasance, malfeasance, or violations
13 of rules, procedures, or laws by any employee, foster parent,
14 service provider, or contractor of the Department of Children
15 and Family Services. The Inspector General shall make
16 recommendations to the Director of Children and Family
17 Services concerning sanctions or disciplinary actions against
18 Department employees or providers of service under contract
19 to the Department. Any investigation conducted by the
20 Inspector General shall be independent and separate from the
21 investigation mandated by the Abused and Neglected Child
22 Reporting Act. The Inspector General shall be appointed for
23 a term of 4 years. The Inspector General shall be
24 independent of the operations of the Department and shall
25 report to the Director of Children and Family Services and
26 the Governor and perform other duties the Director may
27 designate. The Inspector General shall adopt rules as
28 necessary to carry out the functions, purposes, and duties of
29 the office of Inspector General in the Department of Children
30 and Family Services, in accordance with the Illinois
31 Administrative Procedure Act and any other applicable law.
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1 (b) The Inspector General shall have access to all
2 information and personnel necessary to perform the duties of
3 the office. To minimize duplication of efforts, and to
4 assure consistency and conformance with the requirements and
5 procedures established in the B.H. v. Suter consent decree
6 and to share resources when appropriate, the Inspector
7 General shall coordinate his or her activities with the
8 Bureau of Quality Assurance within the Department.
9 (c) The Inspector General shall be the primary liaison
10 between the Department and the Department of State Police
11 with regard to investigations conducted under the Inspector
12 General's auspices. If the Inspector General determines that
13 a possible criminal act has been committed, or that special
14 expertise is required in the investigation, he or she shall
15 immediately notify the Department of State Police. All
16 investigations conducted by the Inspector General shall be
17 conducted in a manner designed to ensure the preservation of
18 evidence for possible use in a criminal prosecution.
19 (d) The Inspector General may recommend to the
20 Department of Children and Family Services, the Department of
21 Public Health, or any other appropriate agency, sanctions to
22 be imposed against service providers under the jurisdiction
23 of or under contract with the Department for the protection
24 of children in the custody or under the guardianship of the
25 Department who received services from those providers. The
26 Inspector General may seek the assistance of the Attorney
27 General or any of the several State's Attorneys in imposing
28 sanctions.
29 (e) The Inspector General shall at all times be granted
30 access to any foster home, facility, or program operated for
31 or licensed or funded by the Department.
32 (f) Nothing in this Section shall limit investigations
33 by the Department of Children and Family Services that may
34 otherwise be required by law or that may be necessary in that
SB240 Enrolled -3- LRB9001118LDdvA
1 Department's capacity as the central administrative authority
2 for child welfare.
3 (g) The Inspector General shall have the power to
4 subpoena witnesses and compel the production of books and
5 papers pertinent to an investigation authorized by this Act.
6 The power to subpoena or to compel the production of books
7 and papers, however, shall not extend to the person or
8 documents of a labor organization or its representatives
9 insofar as the person or documents of a labor organization
10 relate to the function of representing an employee subject to
11 investigation under this Act. Any person who fails to appear
12 in response to a subpoena or to answer any question or
13 produce any books or papers pertinent to an investigation
14 under this Act, except as otherwise provided in this Section,
15 or who knowingly gives false testimony in relation to an
16 investigation under this Act is guilty of a Class A
17 misdemeanor.
18 (h) The Inspector General shall provide to the General
19 Assembly and the Governor, no later than January 1 of each
20 year, a summary of reports and investigations made under this
21 Section for the prior fiscal year. The summaries shall detail
22 the imposition of sanctions and the final disposition of
23 those recommendations. The summaries shall not contain any
24 confidential or identifying information concerning the
25 subjects of the reports and investigations. The summaries
26 also shall include detailed recommended administrative
27 actions and matters for consideration by the General
28 Assembly.
29 (Source: P.A. 88-7.)
30 Section 7. The Department of Mental Health and
31 Developmental Disabilities Act (short title changed to Mental
32 Health and Developmental Disabilities Administrative Act
33 effective July 1, 1997) is amended by adding Section 69 as
SB240 Enrolled -4- LRB9001118LDdvA
1 follows:
2 (20 ILCS 1705/69 new)
3 Sec. 69. Joint planning by the Department of Human
4 Services and the Department of Children and Family Services.
5 The purpose of this Section is to mandate that joint planning
6 occur between the Department of Children and Family Services
7 and the Department of Human Services to ensure that the 2
8 agencies coordinate their activities and effectively work
9 together to provide wards with developmental disabilities for
10 whom the Department of Children and Family Services is
11 legally responsible a smooth transition to adult living upon
12 reaching the age of 21. The Department of Children and Family
13 Services and the Department of Human Services shall execute
14 an interagency agreement by January 1, 1998 that outlines the
15 terms of the coordination process. The Departments shall
16 consult with private providers of services to children in
17 formulating the interagency agreement.
18 Section 10. The Abused and Neglected Long Term Care
19 Facility Residents Reporting Act is amended by changing
20 Section 6.2 as follows:
21 (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
22 (Section scheduled to be repealed on January 1, 2000)
23 (Text of Section before amendment by P.A. 89-507)
24 Sec. 6.2. Inspector General.
25 (a) The Governor shall appoint, and the Senate shall
26 confirm, an Inspector General who shall function within the
27 Department of Mental Health and Developmental Disabilities
28 and report to the Director and the Governor. The Inspector
29 General shall investigate reports of suspected abuse or
30 neglect (as those terms are defined in Section 3 of this Act)
31 of patients or residents in any facility operated by the
SB240 Enrolled -5- LRB9001118LDdvA
1 Department of Mental Health and Developmental Disabilities
2 and shall have authority to investigate and take immediate
3 action on reports of abuse or neglect of recipients, whether
4 patients or residents, in any facility or program that is
5 licensed or certified by the Department of Mental Health and
6 Developmental Disabilities or that is funded by the
7 Department of Mental Health and Developmental Disabilities
8 and is not licensed or certified by any agency of the State.
9 At the specific, written request of an agency of the State
10 other than the Department of Mental Health and Developmental
11 Disabilities, the Inspector General may cooperate in
12 investigating reports of abuse and neglect of persons with
13 mental illness or persons with developmental disabilities.
14 The Inspector General shall have no supervision over or
15 involvement in routine, programmatic, licensure, or
16 certification operations of the Department of Mental Health
17 and Developmental Disabilities or any of its funded agencies.
18 The Inspector General shall promulgate rules establishing
19 minimum requirements for initiating, conducting, and
20 completing investigations. The promulgated rules shall
21 clearly set forth that in instances where 2 or more State
22 agencies could investigate an allegation of abuse or neglect,
23 the Inspector General shall not conduct an investigation that
24 is redundant to an investigation conducted by another State
25 agency. The rules shall establish criteria for determining,
26 based upon the nature of the allegation, the appropriate
27 method of investigation, which may include, but need not be
28 limited to, site visits, telephone contacts, or requests for
29 written responses from agencies. The rules shall also
30 clarify how the Office of the Inspector General shall
31 interact with the licensing unit of the Department of Mental
32 Health and Developmental Disabilities in investigations of
33 allegations of abuse or neglect. Any allegations or
34 investigations of reports made pursuant to this Act shall
SB240 Enrolled -6- LRB9001118LDdvA
1 remain confidential until a final report is completed. Final
2 reports regarding unsubstantiated or unfounded allegations
3 shall remain confidential, except that final reports may be
4 disclosed pursuant to Section 6 of this Act.
5 The Inspector General shall be appointed for a term of 4
6 years.
7 (b) The Inspector General shall within 24 hours after
8 receiving a report of suspected abuse or neglect determine
9 whether the evidence indicates that any possible criminal act
10 has been committed. If he determines that a possible criminal
11 act has been committed, or that special expertise is required
12 in the investigation, he shall immediately notify the
13 Department of State Police. The Department of State Police
14 shall investigate any report indicating a possible murder,
15 rape, or other felony. All investigations conducted by the
16 Inspector General shall be conducted in a manner designed to
17 ensure the preservation of evidence for possible use in a
18 criminal prosecution.
19 (c) The Inspector General shall, within 10 calendar days
20 after the transmittal date of a completed investigation where
21 abuse or neglect is substantiated or administrative action is
22 recommended, provide a complete report on the case to the
23 Director of Mental Health and Developmental Disabilities and
24 to the agency in which the abuse or neglect is alleged to
25 have happened. There shall be an appeals process for any
26 person or agency that is subject to any action based on a
27 recommendation or recommendations.
28 (d) The Inspector General may recommend to the
29 Departments of Public Health and Mental Health and
30 Developmental Disabilities sanctions to be imposed against
31 facilities under the jurisdiction of the Department of Mental
32 Health and Developmental Disabilities for the protection of
33 residents, including appointment of on-site monitors or
34 receivers, transfer or relocation of residents, and closure
SB240 Enrolled -7- LRB9001118LDdvA
1 of units. The Inspector General may seek the assistance of
2 the Attorney General or any of the several State's attorneys
3 in imposing such sanctions.
4 (e) The Inspector General shall establish and conduct
5 periodic training programs for Department employees
6 concerning the prevention and reporting of neglect and abuse.
7 (f) The Inspector General shall at all times be granted
8 access to any facility operated by the Department, shall
9 establish and conduct unannounced site visits to those
10 facilities at least once annually, and shall be granted
11 access, for the purpose of investigating a report of abuse or
12 neglect, to any facility or program funded by the Department
13 that is subject under the provisions of this Section to
14 investigation by the Inspector General for a report of abuse
15 or neglect.
16 (g) Nothing in this Section shall limit investigations
17 by the Department of Mental Health and Developmental
18 Disabilities that may otherwise be required by law or that
19 may be necessary in that Department's capacity as the central
20 administrative authority responsible for the operation of
21 State mental health and developmental disability facilities.
22 (h) This Section is repealed on January 1, 2000.
23 (Source: P.A. 89-427, eff. 12-7-95.)
24 (Text of Section after amendment by P.A. 89-507)
25 Sec. 6.2. Inspector General.
26 (a) The Governor shall appoint, and the Senate shall
27 confirm, an Inspector General who shall function within the
28 Department of Human Services and report to the Secretary of
29 Human Services and the Governor. The Inspector General shall
30 investigate reports of suspected abuse or neglect (as those
31 terms are defined in Section 3 of this Act) of patients or
32 residents in any mental health or developmental disabilities
33 facility operated by the Department of Human Services and
34 shall have authority to investigate and take immediate action
SB240 Enrolled -8- LRB9001118LDdvA
1 on reports of abuse or neglect of recipients, whether
2 patients or residents, in any mental health or developmental
3 disabilities facility or program that is licensed or
4 certified by the Department of Human Services (as successor
5 to the Department of Mental Health and Developmental
6 Disabilities) or that is funded by the Department of Human
7 Services (as successor to the Department of Mental Health and
8 Developmental Disabilities) and is not licensed or certified
9 by any agency of the State. At the specific, written request
10 of an agency of the State other than the Department of Human
11 Services (as successor to the Department of Mental Health and
12 Developmental Disabilities), the Inspector General may
13 cooperate in investigating reports of abuse and neglect of
14 persons with mental illness or persons with developmental
15 disabilities. The Inspector General shall have no
16 supervision over or involvement in routine, programmatic,
17 licensure, or certification operations of the Department of
18 Human Services or any of its funded agencies.
19 The Inspector General shall promulgate rules establishing
20 minimum requirements for initiating, conducting, and
21 completing investigations. The promulgated rules shall
22 clearly set forth that in instances where 2 or more State
23 agencies could investigate an allegation of abuse or neglect,
24 the Inspector General shall not conduct an investigation that
25 is redundant to an investigation conducted by another State
26 agency. The rules shall establish criteria for determining,
27 based upon the nature of the allegation, the appropriate
28 method of investigation, which may include, but need not be
29 limited to, site visits, telephone contacts, or requests for
30 written responses from agencies. The rules shall also
31 clarify how the Office of the Inspector General shall
32 interact with the licensing unit of the Department of Human
33 Services in investigations of allegations of abuse or
34 neglect. Any allegations or investigations of reports made
SB240 Enrolled -9- LRB9001118LDdvA
1 pursuant to this Act shall remain confidential until a final
2 report is completed. Final reports regarding unsubstantiated
3 or unfounded allegations shall remain confidential, except
4 that final reports may be disclosed pursuant to Section 6 of
5 this Act.
6 The Inspector General shall be appointed for a term of 4
7 years.
8 (b) The Inspector General shall within 24 hours after
9 receiving a report of suspected abuse or neglect determine
10 whether the evidence indicates that any possible criminal act
11 has been committed. If he determines that a possible criminal
12 act has been committed, or that special expertise is required
13 in the investigation, he shall immediately notify the
14 Department of State Police. The Department of State Police
15 shall investigate any report indicating a possible murder,
16 rape, or other felony. All investigations conducted by the
17 Inspector General shall be conducted in a manner designed to
18 ensure the preservation of evidence for possible use in a
19 criminal prosecution.
20 (c) The Inspector General shall, within 10 calendar days
21 after the transmittal date of a completed investigation where
22 abuse or neglect is substantiated or administrative action is
23 recommended, provide a complete report on the case to the
24 Secretary of Human Services and to the agency in which the
25 abuse or neglect is alleged to have happened. There shall be
26 an appeals process for any person or agency that is subject
27 to any action based on a recommendation or recommendations.
28 (d) The Inspector General may recommend to the
29 Departments of Public Health and Human Services sanctions to
30 be imposed against mental health and developmental
31 disabilities facilities under the jurisdiction of the
32 Department of Human Services for the protection of residents,
33 including appointment of on-site monitors or receivers,
34 transfer or relocation of residents, and closure of units.
SB240 Enrolled -10- LRB9001118LDdvA
1 The Inspector General may seek the assistance of the Attorney
2 General or any of the several State's attorneys in imposing
3 such sanctions.
4 (e) The Inspector General shall establish and conduct
5 periodic training programs for Department employees
6 concerning the prevention and reporting of neglect and abuse.
7 (f) The Inspector General shall at all times be granted
8 access to any mental health or developmental disabilities
9 facility operated by the Department, shall establish and
10 conduct unannounced site visits to those facilities at least
11 once annually, and shall be granted access, for the purpose
12 of investigating a report of abuse or neglect, to any
13 facility or program funded by the Department that is subject
14 under the provisions of this Section to investigation by the
15 Inspector General for a report of abuse or neglect.
16 (g) Nothing in this Section shall limit investigations
17 by the Department of Human Services that may otherwise be
18 required by law or that may be necessary in that Department's
19 capacity as the central administrative authority responsible
20 for the operation of State mental health and developmental
21 disability facilities.
22 (h) This Section is repealed on January 1, 2000.
23 (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)
24 Section 13. The Juvenile Court Act of 1987 is amended by
25 changing Section 2-27 as follows:
26 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
27 Sec. 2-27. Placement; legal custody or guardianship.
28 (1) If the court determines and puts in writing the
29 factual basis supporting the determination of whether the
30 parents, guardian, or legal custodian of a minor adjudged a
31 ward of the court are unfit or are unable, for some reason
32 other than financial circumstances alone, to care for,
SB240 Enrolled -11- LRB9001118LDdvA
1 protect, train or discipline the minor or are unwilling to do
2 so, and that it is in the best interest of the minor to take
3 the minor him from the custody of his or her parents,
4 guardian or custodian, the court may at this hearing and at
5 any later point:
6 (a) place the minor him in the custody of a
7 suitable relative or other person as legal custodian or
8 guardian;
9 (a-5) with the approval of the Department of
10 Children and Family Services, place the minor in the
11 subsidized guardianship of a suitable relative or other
12 person as legal guardian; "subsidized guardianship" means
13 a private guardianship arrangement for children for whom
14 the permanency goals of return home and adoption have
15 been ruled out and who meet the qualifications for
16 subsidized guardianship as defined by the Department of
17 Children and Family Services in administrative rules;
18 (b) place the minor him under the guardianship of a
19 probation officer;
20 (c) commit the minor him to an agency for care or
21 placement, except an institution under the authority of
22 the Department of Corrections or of the Department of
23 Children and Family Services;
24 (d) commit the minor him to the Department of
25 Children and Family Services for care and service;
26 however, a minor charged with a criminal offense under
27 the Criminal Code of 1961 or adjudicated delinquent shall
28 not be placed in the custody of or committed to the
29 Department of Children and Family Services by any court,
30 except a minor less than 13 years of age and committed to
31 the Department of Children and Family Services under
32 Section 5-23 of this Act. The Department shall be given
33 due notice of the pendency of the action and the
34 Guardianship Administrator of the Department of Children
SB240 Enrolled -12- LRB9001118LDdvA
1 and Family Services shall be appointed guardian of the
2 person of the minor. Whenever the Department seeks to
3 discharge a minor from its care and service, the
4 Guardianship Administrator shall petition the court for
5 an order terminating guardianship. The Guardianship
6 Administrator may designate one or more other officers of
7 the Department, appointed as Department officers by
8 administrative order of the Department Director,
9 authorized to affix the signature of the Guardianship
10 Administrator to documents affecting the guardian-ward
11 relationship of children for whom he or she has been
12 appointed guardian at such times as he or she is unable
13 to perform the duties of his or her office. The signature
14 authorization shall include but not be limited to matters
15 of consent of marriage, enlistment in the armed forces,
16 legal proceedings, adoption, major medical and surgical
17 treatment and application for driver's license. Signature
18 authorizations made pursuant to the provisions of this
19 paragraph shall be filed with the Secretary of State and
20 the Secretary of State shall provide upon payment of the
21 customary fee, certified copies of the authorization to
22 any court or individual who requests a copy.
23 In making a determination under this Section, the court
24 shall also consider whether, based on the best interests of
25 the minor, appropriate services aimed at family preservation
26 and family reunification have been unsuccessful in rectifying
27 the conditions that have led to a finding of unfitness or
28 inability to care for, protect, train, or discipline the
29 minor, or whether, based on the best interests of the minor,
30 no family preservation or family reunification services would
31 be appropriate.
32 When making a placement, the court, wherever possible,
33 shall require the Department of Children and Family Services
34 to select a person holding the same religious belief as that
SB240 Enrolled -13- LRB9001118LDdvA
1 of the minor or a private agency controlled by persons of
2 like religious faith of the minor and shall require the
3 Department to otherwise comply with Section 7 of the Children
4 and Family Services Act in placing the child. In addition,
5 whenever alternative plans for placement are available, the
6 court shall ascertain and consider, to the extent appropriate
7 in the particular case, the views and preferences of the
8 minor.
9 (2) When a minor is placed with a suitable relative or
10 other person pursuant to item (a) of subsection (1), the
11 court shall appoint him or her the legal custodian or
12 guardian of the person of the minor. When a minor is
13 committed to any agency, the court shall appoint the proper
14 officer or representative thereof as legal custodian or
15 guardian of the person of the minor. Legal custodians and
16 guardians of the person of the minor have the respective
17 rights and duties set forth in subsection (9) of Section 1-3
18 except as otherwise provided by order of court; but no
19 guardian of the person may consent to adoption of the minor
20 unless that authority is conferred upon him or her in
21 accordance with Section 2-29. An agency whose representative
22 is appointed guardian of the person or legal custodian of the
23 minor may place the minor him in any child care facility, but
24 the facility must be licensed under the Child Care Act of
25 1969 or have been approved by the Department of Children and
26 Family Services as meeting the standards established for such
27 licensing. No agency may place a minor adjudicated under
28 Sections 2-3 or 2-4 in a child care facility unless the
29 placement is in compliance with the rules and regulations for
30 placement under this Section promulgated by the Department of
31 Children and Family Services under Section 5 of the Children
32 and Family Services Act. Like authority and restrictions
33 shall be conferred by the court upon any probation officer
34 who has been appointed guardian of the person of a minor.
SB240 Enrolled -14- LRB9001118LDdvA
1 (3) No placement by any probation officer or agency
2 whose representative is appointed guardian of the person or
3 legal custodian of a minor may be made in any out of State
4 child care facility unless it complies with the Interstate
5 Compact on the Placement of Children. Placement with a
6 parent, however, is not subject to that Interstate Compact.
7 (4) The clerk of the court shall issue to the legal
8 custodian or guardian of the person a certified copy of the
9 order of court, as proof of his authority. No other process
10 is necessary as authority for the keeping of the minor.
11 (5) Custody or guardianship granted under this Section
12 continues until the court otherwise directs, but not after
13 the minor reaches the age of 19 years except as set forth in
14 Section 2-31.
15 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
16 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)
17 Section 15. The Mental Health and Developmental
18 Disabilities Confidentiality Act is amended by changing
19 Section 9 as follows:
20 (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
21 Sec. 9. Therapist's disclosure without consent. In the
22 course of providing services and after the conclusion of the
23 provision of services, a therapist may disclose a record or
24 communications without consent to:
25 (1) the therapist's supervisor, a consulting
26 therapist, members of a staff team participating in the
27 provision of services, a record custodian, or a person
28 acting under the supervision and control of the
29 therapist;
30 (2) persons conducting a peer review of the
31 services being provided;
32 (3) the Institute for Juvenile Research and the
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1 Institute for the Study of Developmental Disabilities;
2 and
3 (4) an attorney or advocate consulted by a
4 therapist or agency which provides services concerning
5 the therapist's or agency's legal rights or duties in
6 relation to the recipient and the services being
7 provided; and
8 (5) the Inspector General of the Department of
9 Children and Family Services when such records or
10 communications are relevant to a pending investigation
11 authorized by Section 35.5 of the Children and Family
12 Services Act where:
13 (A) the recipient was either (i) a parent,
14 foster parent, or caretaker who is an alleged
15 perpetrator of abuse or neglect or the subject of a
16 dependency investigation or (ii) a non-ward victim
17 of alleged abuse or neglect, and
18 (B) available information demonstrates that
19 the mental health of the recipient was or should
20 have been an issue to the safety of the child.
21 In the course of providing services, a therapist may
22 disclose a record or communications without consent to any
23 department, agency, institution or facility which has custody
24 of the recipient pursuant to State statute or any court order
25 of commitment.
26 Information may be disclosed under this Section only to
27 the extent that knowledge of the record or communications is
28 essential to the purpose for which disclosure is made and
29 only after the recipient is informed that such disclosure may
30 be made. A person to whom disclosure is made under this
31 Section shall not redisclose any information except as
32 provided in this Act.
33 Notwithstanding any other provision of this Section, a
34 therapist has the right to communicate at any time and in any
SB240 Enrolled -16- LRB9001118LDdvA
1 fashion with his or her counsel or professional liability
2 insurance carrier, or both, concerning any care or treatment
3 he or she provided, or assisted in providing, to any
4 recipient. A therapist has the right to communicate at any
5 time and in any fashion with his or her present or former
6 employer, principal, partner, professional corporation, or
7 professional liability insurance carrier, or counsel for any
8 of those entities, concerning any care or treatment he or she
9 provided, or assisted in providing, to the recipient within
10 the scope of his or her employment, affiliation, or other
11 agency with the employer, principal, partner, or professional
12 corporation.
13 This amendatory Act of 1995 applies to causes of action
14 filed on or after its effective date.
15 (Source: P.A. 89-7, eff. 3-9-95.)
16 Section 95. No acceleration or delay. Where this Act
17 makes changes in a statute that is represented in this Act by
18 text that is not yet or no longer in effect (for example, a
19 Section represented by multiple versions), the use of that
20 text does not accelerate or delay the taking effect of (i)
21 the changes made by this Act or (ii) provisions derived from
22 any other Public Act.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.