Rep. Kathleen A. Ryg

Filed: 4/22/2008

 

 


 

 


 
09500HB5574ham005 LRB095 16884 AJO 49773 a

1
AMENDMENT TO HOUSE BILL 5574

2     AMENDMENT NO. ______. Amend House Bill 5574, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Mental Health and Developmental
6 Disabilities Code is amended by changing Sections 1-104.5 and
7 3-703 as follows:
 
8     (405 ILCS 5/1-104.5)
9     (This Section may contain text from a Public Act with a
10 delayed effective date)
11     Sec. 1-104.5. "Dangerous conduct" means threatening
12 behavior or conduct that places the person or another
13 individual in reasonable expectation of being harmed, or a
14 person's inability to provide, without the assistance of family
15 or outside help, for his or her basic physical needs so as to
16 guard himself or herself from serious harm.

 

 

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1     Notwithstanding any other rulemaking authority that may
2 exist, neither the Governor nor any agency or agency head under
3 the jurisdiction of the Governor has any authority to make or
4 promulgate rules to implement or enforce the provisions of this
5 amendatory Act of the 95th General Assembly. If, however, the
6 Governor believes that rules are necessary to implement or
7 enforce the provisions of this amendatory Act of the 95th
8 General Assembly, the Governor may suggest rules to the General
9 Assembly by filing them with the Clerk of the House and
10 Secretary of the Senate and by requesting that the General
11 Assembly authorize such rulemaking by law, enact those
12 suggested rules into law, or take any other appropriate action
13 in the General Assembly's discretion. Nothing contained in this
14 amendatory Act of the 95th General Assembly shall be
15 interpreted to grant rulemaking authority under any other
16 Illinois statute where such authority is not otherwise
17 explicitly given. For the purposes of this amendatory Act of
18 the 95th General Assembly, "rules" is given the meaning
19 contained in Section 1-70 of the Illinois Administrative
20 Procedure Act, and "agency" and "agency head" are given the
21 meanings contained in Sections 1-20 and 1-25 of the Illinois
22 Administrative Procedure Act to the extent that such
23 definitions apply to agencies or agency heads under the
24 jurisdiction of the Governor.
25 (Source: P.A. 95-602, eff. 6-1-08.)
 

 

 

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1     (405 ILCS 5/3-703)  (from Ch. 91 1/2, par. 3-703)
2     Sec. 3-703. If no certificate was filed, the respondent
3 shall be examined separately by a physician, or clinical
4 psychologist, or qualified examiner and by a psychiatrist. If a
5 certificate executed by a psychiatrist was filed, the
6 respondent shall be examined by a physician, clinical
7 psychologist, qualified examiner, or psychiatrist. If a
8 certificate executed by a qualified examiner, clinical
9 psychologist, or a physician who is not a psychiatrist was
10 filed, the respondent shall be examined by a psychiatrist. The
11 examining physician, clinical psychologist, qualified examiner
12 or psychiatrist may interview by telephone or in person any
13 witnesses or other persons listed in the petition for
14 involuntary admission. If, as a result of an examination, a
15 certificate is executed, the certificate shall be promptly
16 filed with the court. If a certificate is executed, the
17 examining physician, clinical psychologist, qualified examiner
18 or psychiatrist may also submit for filing with the court a
19 report in which his findings are described in detail, and may
20 rely upon such findings for his opinion that the respondent is
21 subject to involuntary admission. Copies of the certificates
22 shall be made available to the attorneys for the parties upon
23 request prior to the hearing. A certificate prepared in
24 compliance with this Article shall state whether or not the
25 respondent is in need of immediate hospitalization. However, if
26 both of the certificates state that the respondent is not in

 

 

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1 need of immediate hospitalization, the respondent may remain in
2 his or her place of residence absent imminent danger pending a
3 hearing on the petition unless he or she voluntarily agrees to
4 inpatient treatment.
5     Notwithstanding any other rulemaking authority that may
6 exist, neither the Governor nor any agency or agency head under
7 the jurisdiction of the Governor has any authority to make or
8 promulgate rules to implement or enforce the provisions of this
9 amendatory Act of the 95th General Assembly. If, however, the
10 Governor believes that rules are necessary to implement or
11 enforce the provisions of this amendatory Act of the 95th
12 General Assembly, the Governor may suggest rules to the General
13 Assembly by filing them with the Clerk of the House and
14 Secretary of the Senate and by requesting that the General
15 Assembly authorize such rulemaking by law, enact those
16 suggested rules into law, or take any other appropriate action
17 in the General Assembly's discretion. Nothing contained in this
18 amendatory Act of the 95th General Assembly shall be
19 interpreted to grant rulemaking authority under any other
20 Illinois statute where such authority is not otherwise
21 explicitly given. For the purposes of this amendatory Act of
22 the 95th General Assembly, "rules" is given the meaning
23 contained in Section 1-70 of the Illinois Administrative
24 Procedure Act, and "agency" and "agency head" are given the
25 meanings contained in Sections 1-20 and 1-25 of the Illinois
26 Administrative Procedure Act to the extent that such

 

 

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1 definitions apply to agencies or agency heads under the
2 jurisdiction of the Governor.
3 (Source: P.A. 85-558.)
 
4     Section 10. The Mental Health and Developmental
5 Disabilities Confidentiality Act is amended by changing
6 Sections 4, 9.2, and 11 as follows:
 
7     (740 ILCS 110/4)  (from Ch. 91 1/2, par. 804)
8     Sec. 4. (a) The following persons shall be entitled, upon
9 request, to inspect and copy a recipient's record or any part
10 thereof:
11         (1) the parent or guardian of a recipient who is under
12     12 years of age;
13         (2) the recipient if he is 12 years of age or older;
14         (3) the parent or guardian of a recipient who is at
15     least 12 but under 18 years, if the recipient is informed
16     and does not object or if the therapist does not find that
17     there are compelling reasons for denying the access. The
18     parent or guardian who is denied access by either the
19     recipient or the therapist may petition a court for access
20     to the record. Nothing in this paragraph is intended to
21     prohibit the parent or guardian of a recipient who is at
22     least 12 but under 18 years from requesting and receiving
23     the following information: current physical and mental
24     condition, diagnosis, treatment needs, services provided,

 

 

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1     and services needed, including medication, if any;
2         (4) the guardian of a recipient who is 18 years or
3     older;
4         (5) an attorney or guardian ad litem who represents a
5     minor 12 years of age or older in any judicial or
6     administrative proceeding, provided that the court or
7     administrative hearing officer has entered an order
8     granting the attorney this right; or
9         (6) an agent appointed under a recipient's power of
10     attorney for health care or for property, when the power of
11     attorney authorizes the access; or .
12         (7) an attorney-in-fact appointed under the Mental
13     Health Treatment Preference Declaration Act.
14     (b) Assistance in interpreting the record may be provided
15 without charge and shall be provided if the person inspecting
16 the record is under 18 years of age. However, access may in no
17 way be denied or limited if the person inspecting the record
18 refuses the assistance. A reasonable fee may be charged for
19 duplication of a record. However, when requested to do so in
20 writing by any indigent recipient, the custodian of the records
21 shall provide at no charge to the recipient, or to the
22 Guardianship and Advocacy Commission, the agency designated by
23 the Governor under Section 1 of the Protection and Advocacy for
24 Developmentally Disabled Persons Act or to any other
25 not-for-profit agency whose primary purpose is to provide free
26 legal services or advocacy for the indigent and who has

 

 

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1 received written authorization from the recipient under
2 Section 5 of this Act to receive his records, one copy of any
3 records in its possession whose disclosure is authorized under
4 this Act.
5     (c) Any person entitled to access to a record under this
6 Section may submit a written statement concerning any disputed
7 or new information, which statement shall be entered into the
8 record. Whenever any disputed part of a record is disclosed,
9 any submitted statement relating thereto shall accompany the
10 disclosed part. Additionally, any person entitled to access may
11 request modification of any part of the record which he
12 believes is incorrect or misleading. If the request is refused,
13 the person may seek a court order to compel modification.
14     (d) Whenever access or modification is requested, the
15 request and any action taken thereon shall be noted in the
16 recipient's record.
17     (e) Notwithstanding any other rulemaking authority that
18 may exist, neither the Governor nor any agency or agency head
19 under the jurisdiction of the Governor has any authority to
20 make or promulgate rules to implement or enforce the provisions
21 of this amendatory Act of the 95th General Assembly. If,
22 however, the Governor believes that rules are necessary to
23 implement or enforce the provisions of this amendatory Act of
24 the 95th General Assembly, the Governor may suggest rules to
25 the General Assembly by filing them with the Clerk of the House
26 and Secretary of the Senate and by requesting that the General

 

 

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1 Assembly authorize such rulemaking by law, enact those
2 suggested rules into law, or take any other appropriate action
3 in the General Assembly's discretion. Nothing contained in this
4 amendatory Act of the 95th General Assembly shall be
5 interpreted to grant rulemaking authority under any other
6 Illinois statute where such authority is not otherwise
7 explicitly given. For the purposes of this amendatory Act of
8 the 95th General Assembly, "rules" is given the meaning
9 contained in Section 1-70 of the Illinois Administrative
10 Procedure Act, and "agency" and "agency head" are given the
11 meanings contained in Sections 1-20 and 1-25 of the Illinois
12 Administrative Procedure Act to the extent that such
13 definitions apply to agencies or agency heads under the
14 jurisdiction of the Governor.
15 (Source: P.A. 88-484; 89-439, eff. 6-1-96.)
 
16     (740 ILCS 110/9.2)
17     Sec. 9.2. Interagency disclosure of recipient information.
18 For the purposes of continuity of care, the Department of Human
19 Services (as successor to the Department of Mental Health and
20 Developmental Disabilities), community agencies funded by the
21 Department of Human Services in that capacity, licensed private
22 hospitals receiving payments from the Department of Human
23 Services or the Department of Healthcare and Family Services,
24 State correctional facilities prisons operated by the
25 Department of Corrections, mental health facilities operated

 

 

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1 by a county, and jails operated by any county of this State may
2 disclose a recipient's record or communications, without
3 consent, to each other, but only for the purpose of admission,
4 treatment, planning, or discharge. Entities shall not
5 redisclose any personally identifiable information, unless
6 necessary for admission, treatment, planning, or discharge of
7 the identified recipient to another setting. No records or
8 communications may be disclosed to a county jail or State
9 correctional facility prison pursuant to this Section unless
10 the Department has entered into a written agreement with the
11 county jail or State correctional facility prison requiring
12 that the county jail or State correctional facility prison
13 adopt written policies and procedures designed to ensure that
14 the records and communications are disclosed only to those
15 persons employed by or under contract to the county jail or
16 State correctional facility prison who are involved in the
17 provision of mental health services to inmates and that the
18 records and communications are protected from further
19 disclosure. For the purposes of this Section, the term
20 "licensed private hospital" shall have the meaning ascribed to
21 it in the Mental Health and Developmental Disabilities Code.
22     Notwithstanding any other rulemaking authority that may
23 exist, neither the Governor nor any agency or agency head under
24 the jurisdiction of the Governor has any authority to make or
25 promulgate rules to implement or enforce the provisions of this
26 amendatory Act of the 95th General Assembly. If, however, the

 

 

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1 Governor believes that rules are necessary to implement or
2 enforce the provisions of this amendatory Act of the 95th
3 General Assembly, the Governor may suggest rules to the General
4 Assembly by filing them with the Clerk of the House and
5 Secretary of the Senate and by requesting that the General
6 Assembly authorize such rulemaking by law, enact those
7 suggested rules into law, or take any other appropriate action
8 in the General Assembly's discretion. Nothing contained in this
9 amendatory Act of the 95th General Assembly shall be
10 interpreted to grant rulemaking authority under any other
11 Illinois statute where such authority is not otherwise
12 explicitly given. For the purposes of this amendatory Act of
13 the 95th General Assembly, "rules" is given the meaning
14 contained in Section 1-70 of the Illinois Administrative
15 Procedure Act, and "agency" and "agency head" are given the
16 meanings contained in Sections 1-20 and 1-25 of the Illinois
17 Administrative Procedure Act to the extent that such
18 definitions apply to agencies or agency heads under the
19 jurisdiction of the Governor.
20 (Source: P.A. 94-182, eff. 7-12-05.)
 
21     (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
22     Sec. 11. Disclosure of records and communications. Records
23 and communications may be disclosed:
24         (i) in accordance with the provisions of the Abused and
25     Neglected Child Reporting Act, subsection (u) of Section 5

 

 

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1     of the Children and Family Services Act, or Section 7.4 of
2     the Child Care Act of 1969;
3         (ii) when, and to the extent, a therapist, in his or
4     her sole discretion, determines that disclosure is
5     necessary to initiate or continue civil commitment
6     proceedings under the laws of this State or to otherwise
7     protect the recipient or other person against a clear,
8     imminent risk of serious physical or mental injury or
9     disease or death being inflicted upon the recipient or by
10     the recipient on himself or another;
11         (iii) when, and to the extent disclosure is, in the
12     sole discretion of the therapist, necessary to the
13     provision of emergency medical care to a recipient who is
14     unable to assert or waive his or her rights hereunder;
15         (iii-a) to any medical practitioner from whom the
16     recipient is seeking medical care, including any primary
17     care physician; however, disclosure shall be limited to
18     pharmaceutical records and communications regarding
19     pharmaceuticals, including records and communications
20     regarding payment for pharmaceuticals;
21         (iv) when disclosure is necessary to collect sums or
22     receive third party payment representing charges for
23     mental health or developmental disabilities services
24     provided by a therapist or agency to a recipient under
25     Chapter V of the Mental Health and Developmental
26     Disabilities Code or to transfer debts under the

 

 

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1     Uncollected State Claims Act; however, disclosure shall be
2     limited to information needed to pursue collection, and the
3     information so disclosed shall not be used for any other
4     purposes nor shall it be redisclosed except in connection
5     with collection activities;
6         (v) when requested by a family member, the Department
7     of Human Services may assist in the location of the
8     interment site of a deceased recipient who is interred in a
9     cemetery established under Section 100-26 of the Mental
10     Health and Developmental Disabilities Administrative Act;
11         (vi) in judicial proceedings under Article VIII of
12     Chapter III and Article V of Chapter IV of the Mental
13     Health and Developmental Disabilities Code and proceedings
14     and investigations preliminary thereto, to the State's
15     Attorney for the county or residence of a person who is the
16     subject of such proceedings, or in which the person is
17     found, or in which the facility is located, to the attorney
18     representing the recipient in the judicial proceedings, to
19     any person or agency providing mental health services that
20     are the subject of the proceedings and to that person's or
21     agency's attorney, to any court personnel, including but
22     not limited to judges and circuit court clerks, and to a
23     guardian ad litem if one has been appointed by the court,
24     provided that the information so disclosed shall not be
25     utilized for any other purpose nor be redisclosed except in
26     connection with the proceedings or investigations;

 

 

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1         (vii) when, and to the extent disclosure is necessary
2     to comply with the requirements of the Census Bureau in
3     taking the federal Decennial Census;
4         (viii) when, and to the extent, in the therapist's sole
5     discretion, disclosure is necessary to warn or protect a
6     specific individual against whom a recipient has made a
7     specific threat of violence where there exists a
8     therapist-recipient relationship or a special
9     recipient-individual relationship;
10         (ix) in accordance with the Sex Offender Registration
11     Act;
12         (x) in accordance with the Rights of Crime Victims and
13     Witnesses Act;
14         (xi) in accordance with Section 6 of the Abused and
15     Neglected Long Term Care Facility Residents Reporting Act;
16     and
17         (xii) in accordance with Section 55 of the Abuse of
18     Adults with Disabilities Intervention Act.
19     Any person, institution, or agency, under this Act,
20 participating in good faith in the making of a report under the
21 Abused and Neglected Child Reporting Act or in the disclosure
22 of records and communications under this Section, shall have
23 immunity from any liability, civil, criminal or otherwise, that
24 might result by reason of such action. For the purpose of any
25 proceeding, civil or criminal, arising out of a report or
26 disclosure under this Section, the good faith of any person,

 

 

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1 institution, or agency so reporting or disclosing shall be
2 presumed.
3     Notwithstanding any other rulemaking authority that may
4 exist, neither the Governor nor any agency or agency head under
5 the jurisdiction of the Governor has any authority to make or
6 promulgate rules to implement or enforce the provisions of this
7 amendatory Act of the 95th General Assembly. If, however, the
8 Governor believes that rules are necessary to implement or
9 enforce the provisions of this amendatory Act of the 95th
10 General Assembly, the Governor may suggest rules to the General
11 Assembly by filing them with the Clerk of the House and
12 Secretary of the Senate and by requesting that the General
13 Assembly authorize such rulemaking by law, enact those
14 suggested rules into law, or take any other appropriate action
15 in the General Assembly's discretion. Nothing contained in this
16 amendatory Act of the 95th General Assembly shall be
17 interpreted to grant rulemaking authority under any other
18 Illinois statute where such authority is not otherwise
19 explicitly given. For the purposes of this amendatory Act of
20 the 95th General Assembly, "rules" is given the meaning
21 contained in Section 1-70 of the Illinois Administrative
22 Procedure Act, and "agency" and "agency head" are given the
23 meanings contained in Sections 1-20 and 1-25 of the Illinois
24 Administrative Procedure Act to the extent that such
25 definitions apply to agencies or agency heads under the
26 jurisdiction of the Governor.

 

 

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1 (Source: P.A. 94-852, eff. 6-13-06; 94-1010, eff. 10-1-06;
2 95-331, eff. 8-21-07.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.".