96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3039

 

Introduced 2/4/2010, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 110/11   from Ch. 91 1/2, par. 811

    Amends the Mental Health and Developmental Disabilities Confidentiality Act. Adds a category for permissible disclosure of mental health records or communications: to a medical practitioner, including a primary care physician, from whom a recipient is seeking medical care; however, disclosure shall be limited to pharmaceutical records and communications regarding pharmaceuticals including payment for pharmaceuticals. Effective immediately.


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A BILL FOR

 

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1     AN ACT concerning civil law.
 
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 Confidentiality Act is amended by changing
6 Section 11 as follows:
 
7     (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
8     Sec. 11. Disclosure of records and communications. Records
9 and communications may be disclosed:
10         (i) in accordance with the provisions of the Abused and
11     Neglected Child Reporting Act, subsection (u) of Section 5
12     of the Children and Family Services Act, or Section 7.4 of
13     the Child Care Act of 1969;
14         (ii) when, and to the extent, a therapist, in his or
15     her sole discretion, determines that disclosure is
16     necessary to initiate or continue civil commitment or
17     involuntary treatment proceedings under the laws of this
18     State or to otherwise protect the recipient or other person
19     against a clear, imminent risk of serious physical or
20     mental injury or disease or death being inflicted upon the
21     recipient or by the recipient on himself or another;
22         (iii) when, and to the extent disclosure is, in the
23     sole discretion of the therapist, necessary to the

 

 

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1     provision of emergency medical care to a recipient who is
2     unable to assert or waive his or her rights hereunder;
3         (iii-a) to any medical practitioner from whom the
4     recipient is seeking medical care, including any primary
5     care physician; however, disclosure shall be limited to
6     pharmaceutical records and communications regarding
7     pharmaceuticals, including records and communications
8     regarding payment for pharmaceuticals;
9         (iv) when disclosure is necessary to collect sums or
10     receive third party payment representing charges for
11     mental health or developmental disabilities services
12     provided by a therapist or agency to a recipient under
13     Chapter V of the Mental Health and Developmental
14     Disabilities Code or to transfer debts under the
15     Uncollected State Claims Act; however, disclosure shall be
16     limited to information needed to pursue collection, and the
17     information so disclosed shall not be used for any other
18     purposes nor shall it be redisclosed except in connection
19     with collection activities;
20         (v) when requested by a family member, the Department
21     of Human Services may assist in the location of the
22     interment site of a deceased recipient who is interred in a
23     cemetery established under Section 100-26 of the Mental
24     Health and Developmental Disabilities Administrative Act;
25         (vi) in judicial proceedings under Article VIII of
26     Chapter III and Article V of Chapter IV of the Mental

 

 

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1     Health and Developmental Disabilities Code and proceedings
2     and investigations preliminary thereto, to the State's
3     Attorney for the county or residence of a person who is the
4     subject of such proceedings, or in which the person is
5     found, or in which the facility is located, to the attorney
6     representing the recipient in the judicial proceedings, to
7     any person or agency providing mental health services that
8     are the subject of the proceedings and to that person's or
9     agency's attorney, to any court personnel, including but
10     not limited to judges and circuit court clerks, and to a
11     guardian ad litem if one has been appointed by the court,
12     provided that the information so disclosed shall not be
13     utilized for any other purpose nor be redisclosed except in
14     connection with the proceedings or investigations;
15         (vii) when, and to the extent disclosure is necessary
16     to comply with the requirements of the Census Bureau in
17     taking the federal Decennial Census;
18         (viii) when, and to the extent, in the therapist's sole
19     discretion, disclosure is necessary to warn or protect a
20     specific individual against whom a recipient has made a
21     specific threat of violence where there exists a
22     therapist-recipient relationship or a special
23     recipient-individual relationship;
24         (ix) in accordance with the Sex Offender Registration
25     Act;
26         (x) in accordance with the Rights of Crime Victims and

 

 

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1     Witnesses Act;
2         (xi) in accordance with Section 6 of the Abused and
3     Neglected Long Term Care Facility Residents Reporting Act;
4     and
5         (xii) in accordance with Section 55 of the Abuse of
6     Adults with Disabilities Intervention Act.
7     Any person, institution, or agency, under this Act,
8 participating in good faith in the making of a report under the
9 Abused and Neglected Child Reporting Act or in the disclosure
10 of records and communications under this Section, shall have
11 immunity from any liability, civil, criminal or otherwise, that
12 might result by reason of such action. For the purpose of any
13 proceeding, civil or criminal, arising out of a report or
14 disclosure under this Section, the good faith of any person,
15 institution, or agency so reporting or disclosing shall be
16 presumed.
17 (Source: P.A. 95-331, eff. 8-21-07; 96-466, eff. 8-14-09.)
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.