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Public Act 100-0196 | ||||
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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 Mental Health and Developmental | ||||
Disabilities Code is amended by changing Section 3-501 as | ||||
follows:
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(405 ILCS 5/3-501) (from Ch. 91 1/2, par. 3-501)
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Sec. 3-501. Minors 12 years of age or older request to | ||||
receive
counseling services or psychotherapy on an outpatient | ||||
basis. | ||||
(a) Any minor 12 years of age or older may request and | ||||
receive
counseling services or psychotherapy on an outpatient | ||||
basis. The consent
of the minor's his parent, guardian , or | ||||
person in loco parentis shall not be necessary
to authorize | ||||
outpatient counseling services or psychotherapy. The minor's | ||||
parent,
guardian or person in loco parentis shall not be | ||||
informed of such counseling
or psychotherapy without the | ||||
consent of the minor unless the facility director
believes such | ||||
disclosure is necessary. If the facility director intends
to | ||||
disclose the fact of counseling or psychotherapy, the minor | ||||
shall be
so informed. However, until the consent of the minor's | ||||
parent, guardian ,
or person in loco parentis has been obtained, | ||||
outpatient counseling services or
psychotherapy provided to a |
minor under the age of 17
shall be initially limited to not | ||
more than 8 90-minute sessions 5 sessions, a session lasting | ||
not more
than 45 minutes . The service provider shall consider | ||
the factors contained in subsection (a-1) of this Section | ||
throughout the therapeutic process to determine, through | ||
consultation with the minor, whether attempting to obtain the | ||
consent of a parent, guardian, or person in loco parentis would | ||
be detrimental to the minor's well-being. No later than the | ||
eighth session, the service provider shall determine and share | ||
with the minor the service provider's decision as described | ||
below: | ||
(1) If the service provider finds that attempting to | ||
obtain consent would not be detrimental to the minor's | ||
well-being, the provider shall notify the minor that the | ||
consent of a parent, guardian, or person in loco parentis | ||
is required to continue counseling services or | ||
psychotherapy. | ||
(2) If the minor does not permit the service provider | ||
to notify the parent, guardian, or person in loco parentis | ||
for the purpose of consent after the eighth session the | ||
service provider shall discontinue counseling services or | ||
psychotherapy and shall not notify the parent, guardian, or | ||
person in loco parentis about the counseling services or | ||
psychotherapy. | ||
(3) If the minor permits the service provider to notify | ||
the parent, guardian, or person in loco parentis for the |
purpose of consent, without discontinuing counseling | ||
services or psychotherapy, the service provider shall make | ||
reasonable attempts to obtain consent. The service | ||
provider shall document each attempt to obtain consent in | ||
the minor's clinical record. The service provider may | ||
continue to provide counseling services or psychotherapy | ||
without the consent of the minor's parent, guardian, or | ||
person in loco parentis if: | ||
(A) the service provider has made at least 2 | ||
unsuccessful attempts to contact the minor's parent, | ||
guardian, or person in loco parentis to obtain consent; | ||
and | ||
(B) the service provider has obtained the minor's | ||
written consent. | ||
(4) If, after the eighth session, the service provider | ||
of counseling services or psychotherapy determines that
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obtaining consent would be detrimental to the minor's
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well-being, the service provider shall consult with his or | ||
her supervisor when possible to review and authorize the | ||
determination under subsection (a) of this Section. The | ||
service provider shall document the basis
for the | ||
determination in the minor's clinical record and
may then | ||
accept the minor's written consent to continue to
provide | ||
counseling services or psychotherapy without also
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obtaining the consent of a parent, guardian, or person in
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loco parentis. |
(5) If the minor continues to receive counseling | ||
services or psychotherapy without the consent of a parent, | ||
guardian, or person in loco parentis beyond 8 sessions, the
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service provider shall evaluate, in consultation with his
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or her supervisor when possible, his or her determination
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under this subsection (a), and review the determination
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every 60 days until counseling services or psychotherapy | ||
ends or the minor reaches age 17. If it is determined | ||
appropriate to notify the parent, guardian, or person in | ||
loco parentis and the minor consents, the service provider | ||
shall proceed under paragraph (3) of subsection (a) of this | ||
Section. | ||
(6) When counseling services or psychotherapy are | ||
related to allegations of neglect, sexual abuse, or mental | ||
or physical abuse by the minor's parent, guardian, or | ||
person in loco parentis, obtaining consent of that parent, | ||
guardian, or person in loco parentis shall be presumed to | ||
be detrimental to the minor's well-being. | ||
(a-1) Each of the following factors must be present in | ||
order for the service provider to find that obtaining the | ||
consent of a parent, guardian, or person in loco parentis would | ||
be detrimental to the minor's well-being: | ||
(1) requiring the consent or notification of a parent, | ||
guardian, or person in loco parentis would cause the minor | ||
to reject the counseling services or psychotherapy; | ||
(2) the failure to provide the counseling services or |
psychotherapy would be detrimental to the minor's | ||
well-being; | ||
(3) the minor has knowingly and voluntarily sought the | ||
counseling services or psychotherapy; and | ||
(4) in the opinion of the service provider, the minor | ||
is mature enough to participate in counseling services or | ||
psychotherapy productively. | ||
(a-2) The minor's parent, guardian, or person in loco | ||
parentis shall not be informed of the counseling services or | ||
psychotherapy without the written consent of the minor unless | ||
the service provider believes the disclosure is necessary under | ||
subsection (a) of this Section. If the facility director or | ||
service provider intends to disclose the fact of counseling | ||
services or psychotherapy, the minor shall be so informed and | ||
if the minor chooses to discontinue counseling services or | ||
psychotherapy after being informed of the decision of the | ||
facility director or service provider to disclose the fact of | ||
counseling services or psychotherapy to the parent, guardian, | ||
or person in loco parentis, then the parent, guardian, or | ||
person in loco parentis shall not be notified. Under the Mental | ||
Health and Developmental Disabilities Confidentiality Act, the | ||
facility director, his or her designee, or the service provider | ||
shall not allow the minor's parent, guardian, or person in loco | ||
parentis, upon request, to inspect or copy the minor's record | ||
or any part of the record if the service provider finds that | ||
there are compelling reasons for denying the access. Nothing in |
this Section shall be interpreted to limit a minor's privacy | ||
and confidentiality protections under State law.
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(b) The minor's parent, guardian , or person in loco | ||
parentis shall not
be liable for the costs of outpatient | ||
counseling services or psychotherapy which
is received by the | ||
minor without the consent of the minor's parent, guardian ,
or | ||
person in loco parentis.
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(c) Counseling services or psychotherapy provided under | ||
this Section shall be provided in compliance with the | ||
Professional Counselor and Clinical Professional Counselor | ||
Licensing and Practice Act or the Clinical Psychologist | ||
Licensing Act. | ||
(Source: P.A. 86-922.)
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