SB2567 97TH GENERAL ASSEMBLY

LRB097 14338 AJO 60705 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2567

Introduced 1/11/2012, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:

740 ILCS 110/2

from Ch. 91 1/2, par. 802

Amends the Mental Health and Developmental Disabilities Confidentiality Act. Expands the definition of "therapist" to include a pharmacist who dispenses pharmaceuticals to a recipient or is consulted by a recipient for the proposed dispensing pharmaceuticals that the pharmacist knows, or reasonably should know, are intended for the provision of mental health or developmental disability services. Adds to the definition of "mental health or developmental disabilities services" the prescribing and dispensing of pharmaceuticals. Provides that the term "record" includes information that indicates that a person is a recipient of mental health or developmental disabilities services.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Confidentiality Act is amended by changing Section 2 as follows:

(740 ILCS 110/2) (from Ch. 91 1/2, par. 802)

Sec. 2. The terms used in this Act, unless the context requires otherwise, have the meanings ascribed to them in this Section.

"Agent" means a person who has been legally appointed as an individual's agent under a power of attorney for health care or for property.

"Confidential communication" or "communication" means any communication made by a recipient or other person to a therapist or to or in the presence of other persons during or in connection with providing mental health or developmental disability services to a recipient. Communication includes information which indicates that a person is a recipient.

"Guardian" means a legally appointed guardian or conservator of the person.

"Mental health or developmental disabilities services" or "services" includes but is not limited to examination, diagnosis, evaluation, treatment, training, prescribing or dispensing pharmaceuticals, aftercare, habilitation or rehabilitation.

"Personal notes" means:

(i) information disclosed to the therapist in confidence by other persons on condition that such information would never be disclosed to the recipient or other persons;

(ii) information disclosed to the therapist by the recipient which would be injurious to the recipient's relationships to other persons, and

(iii) the therapist's speculations, impressions, hunches, and reminders.

"Parent" means a parent or, in the absence of a parent or guardian, a person in loco parentis.

"Recipient" means a person who is receiving or has received mental health or developmental disabilities services.

"Record" means any record kept by a therapist or by an agency in the course of providing mental health or developmental disabilities service to a recipient concerning the recipient and the services provided. "Records" includes all records maintained by a court that have been created in connection with, in preparation for, or as a result of the filing of any petition or certificate under Chapter II, Chapter III, or Chapter IV of the Mental Health and Developmental Disabilities Code and includes the petitions, certificates, dispositional reports, treatment plans, and reports of diagnostic evaluations and of hearings under Article VIII of Chapter III or under Article V of Chapter IV of that Code. Record does not include the therapist's personal notes, if such notes are kept in the therapist's sole possession for his own personal use and are not disclosed to any other person, except the therapist's supervisor, consulting therapist or attorney. If at any time such notes are disclosed, they shall be considered part of the recipient's record for purposes of this Act. "Record" includes information that indicates that a person is a recipient.

"Record custodian" means a person responsible for maintaining a recipient's record.

"Therapist" means a psychiatrist, physician, psychologist, social worker, or nurse providing mental health or developmental disabilities services or any other person not prohibited by law from providing such services or from holding himself out as a therapist if the recipient reasonably believes that such person is permitted to do so. Therapist includes any successor of the therapist. "Therapist" also includes any pharmacist who dispenses pharmaceuticals to a recipient or is consulted by a recipient for the purpose of dispensing pharmaceuticals that the pharmacist knows, or reasonably should know, are intended for the provision of mental health or developmental disability services.

(Source: P.A. 89-58, eff. 1-1-96; 90-538, eff. 12-1-97.)