Rep. Kathleen Willis

Filed: 4/16/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1443

2    AMENDMENT NO. ______. Amend House Bill 1443 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Right
5of Minors to Consent to Counseling Services or Psychotherapy on
6an Outpatient Basis Act.
 
7    Section 5. Minors 12 years of age or older request to
8receive counseling services or psychotherapy on an outpatient
9basis.
10    (a) Any minor 12 years of age or older may request and
11receive counseling services or psychotherapy on an outpatient
12basis. The consent of the minor's parent, guardian, or person
13in loco parentis shall not be necessary to authorize outpatient
14counseling services or psychotherapy. However, until the
15consent of the minor's parent, guardian, or person in loco
16parentis has been obtained, outpatient counseling services or

 

 

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1psychotherapy provided to a minor under the age of 17 shall be
2initially limited to not more than 8 90-minute sessions. The
3service provider shall consider the factors contained in
4subsection (a-1) of this Section throughout the therapeutic
5process to determine, through consultation with the minor,
6whether attempting to obtain the consent of a parent, guardian,
7or person in loco parentis would be detrimental to the minor's
8well-being. No later than the eighth session, the service
9provider shall determine and share with the minor the service
10provider's decision as described below:
11        (1) If the service provider finds that attempting to
12    obtain consent would not be detrimental to the minor's
13    well-being, the provider shall notify the minor that the
14    consent of a parent, guardian, or person in loco parentis
15    is required to continue counseling services or
16    psychotherapy.
17        (2) If the minor does not permit the service provider
18    to notify the parent, guardian, or person in loco parentis
19    for the purpose of consent after the eighth session the
20    service provider shall discontinue counseling services or
21    psychotherapy and shall not notify the parent, guardian, or
22    person in loco parentis about the counseling services or
23    psychotherapy.
24        (3) If the minor permits the service provider to notify
25    the parent, guardian, or person in loco parentis for the
26    purpose of consent, without discontinuing counseling

 

 

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1    services or psychotherapy, the service provider shall make
2    reasonable attempts to obtain consent. The service
3    provider shall document each attempt to obtain consent in
4    the minor's clinical record. The service provider may
5    continue to provide counseling services or psychotherapy
6    without the consent of the minor's parent, guardian, or
7    person in loco parentis if:
8            (A) the service provider has made at least 2
9        unsuccessful attempts to contact the minor's parent,
10        guardian, or person in loco parentis to obtain consent;
11        and
12            (B) the service provider has obtained the minor's
13        written consent.
14        (4) If, after the eighth session, the service provider
15    of counseling services or psychotherapy determines that
16    obtaining consent would be detrimental to the minor's
17    well-being, the service provider shall consult with his or
18    her supervisor when possible to review and authorize the
19    determination under subsection (a) of this Section. The
20    service provider shall document the basis for the
21    determination in the minor's clinical record and may then
22    accept the minor's written consent to continue to provide
23    counseling services or psychotherapy without also
24    obtaining the consent of a parent, guardian, or person in
25    loco parentis.
26        (5) If the minor continues to receive counseling

 

 

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1    services or psychotherapy without the consent of a parent,
2    guardian, or person in loco parentis beyond 8 sessions, the
3    service provider shall evaluate, in consultation with his
4    or her supervisor when possible, his or her determination
5    under this subsection (a), and review the determination
6    every 60 days until counseling services or psychotherapy
7    ends or the minor reaches age 17. If it is determined
8    appropriate to notify the parent, guardian, or person in
9    loco parentis and the minor consents, the service provider
10    shall proceed under paragraph (3) of subsection (a) of this
11    Section.
12        (6) When counseling services or psychotherapy are
13    related to allegations of neglect, sexual abuse, or mental
14    or physical abuse by the minor's parent, guardian, or
15    person in loco parentis, obtaining consent of that parent,
16    guardian, or person in loco parentis shall be presumed to
17    be detrimental to the minor's well-being.
18    (a-1) Each of the following factors must be present in
19order for the service provider to find that obtaining the
20consent of a parent, guardian, or person in loco parentis would
21be detrimental to the minor's well-being:
22        (1) requiring the consent or notification of a parent,
23    guardian, or person in loco parentis would cause the minor
24    to reject the counseling services or psychotherapy;
25        (2) the failure to provide the counseling services or
26    psychotherapy would be detrimental to the minor's

 

 

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1    well-being;
2        (3) the minor has knowingly and voluntarily sought the
3    counseling services or psychotherapy; and
4        (4) in the opinion of the service provider, the minor
5    is mature enough to participate in counseling services or
6    psychotherapy productively.
7    (a-2) The minor's parent, guardian, or person in loco
8parentis shall not be informed of the counseling services or
9psychotherapy without the written consent of the minor unless
10the service provider believes the disclosure is necessary under
11subsection (a) of this Section. If the facility director or
12service provider intends to disclose the fact of counseling
13services or psychotherapy, the minor shall be so informed and
14if the minor chooses to discontinue counseling services or
15psychotherapy after being informed of the decision of the
16facility director or service provider to disclose the fact of
17counseling services or psychotherapy to the parent, guardian,
18or person in loco parentis, then the parent, guardian, or
19person in loco parentis shall not be notified. Under the Mental
20Health and Developmental Disabilities Confidentiality Act, the
21facility director, his or her designee, or the service provider
22shall not allow the minor's parent, guardian, or person in loco
23parentis, upon request, to inspect or copy the minor's record
24or any part of the record if the service provider finds that
25there are compelling reasons for denying the access. Nothing in
26this Section shall be interpreted to limit a minor's privacy

 

 

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1and confidentiality protections under State law.
2    (b) The minor's parent, guardian, or person in loco
3parentis shall not be liable for the costs of outpatient
4counseling services or psychotherapy which is received by the
5minor without the consent of the minor's parent, guardian, or
6person in loco parentis.
7    (c) Counseling services or psychotherapy provided under
8this Section shall be provided in compliance with the
9Professional Counselor and Clinical Professional Counselor
10Licensing and Practice Act, the Clinical Social Work and Social
11Work Practice Act, or the Clinical Psychologist Licensing Act.
 
12    (405 ILCS 5/3-501 rep.)
13    Section 105. The Mental Health and Developmental
14Disabilities Code is amended by repealing Section 3-501.
 
15    Section 999. Effective date. This Act takes effect upon
16becoming law.".