Full Text of SB3129 96th General Assembly
SB3129eng 96TH GENERAL ASSEMBLY
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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 | 5 |
| Disabilities Code is amended by changing Sections 1-104.5, | 6 |
| 1-119, 3-602, 3-603, 3-607, 3-610, 3-702, and 3-703 as follows: | 7 |
| (405 ILCS 5/1-104.5)
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| Sec. 1-104.5. "Dangerous conduct" means threatening | 9 |
| behavior or conduct that places another individual or the | 10 |
| person engaging in the conduct, in reasonable expectation of | 11 |
| being physically harmed, or conduct evincing a person's | 12 |
| inability to provide, without the assistance of family or | 13 |
| outside help, for his or her basic physical needs so as to | 14 |
| guard himself or herself from serious harm.
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| (Source: P.A. 95-602, eff. 6-1-08 .)
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| (405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
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| Sec. 1-119. "Person subject to involuntary admission" | 18 |
| means:
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| (1) A person with mental illness and who because of his | 20 |
| or her illness is
reasonably expected to engage in | 21 |
| dangerous conduct which may include threatening behavior | 22 |
| or conduct
that places that person or another individual in |
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| reasonable expectation of being harmed ;
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| (2) A person with mental illness and who because of his | 3 |
| or her illness is
unable to
provide for his or her basic | 4 |
| physical needs so as to guard
himself or
herself from | 5 |
| serious harm without the assistance of family or outside | 6 |
| help; or
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| (3) A person with mental illness who, because of the | 8 |
| nature of his or her illness, is unable to understand his | 9 |
| or her need for treatment and who, if not treated, is | 10 |
| reasonably expected to suffer or continue to suffer mental | 11 |
| deterioration or emotional deterioration, or both, to the | 12 |
| point that the person is reasonably expected to engage in | 13 |
| dangerous conduct. | 14 |
| In determining whether a person meets the criteria | 15 |
| specified in paragraph
(1), (2), or (3), the court may consider | 16 |
| evidence of the person's repeated past pattern
of specific | 17 |
| behavior
and actions related to the
person's illness.
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| (Source: P.A. 95-602, eff. 6-1-08 .)
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| (405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602)
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| Sec. 3-602.
The petition shall be accompanied by a | 21 |
| certificate executed
by a physician, qualified examiner, | 22 |
| psychiatrist, or clinical psychologist which states
that the | 23 |
| respondent is subject to involuntary admission and requires | 24 |
| immediate
hospitalization. The certificate shall indicate that | 25 |
| the physician, qualified
examiner, psychiatrist, or clinical |
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| psychologist personally examined the respondent not
more than | 2 |
| 72 hours prior to admission. It shall also contain the | 3 |
| physician's,
qualified examiner's, psychiatrist, or clinical | 4 |
| psychologist's clinical observations,
other factual | 5 |
| information relied upon in reaching a diagnosis, and a | 6 |
| statement
as to whether the respondent was advised of his | 7 |
| rights under Section 3-208.
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| (Source: P.A. 80-1414.)
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| (405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
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| Sec. 3-603.
(a) If no physician, qualified examiner, | 11 |
| psychiatrist, or clinical
psychologist
is immediately | 12 |
| available or it is not possible after a diligent effort to
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| obtain the certificate provided for in Section 3-602, the | 14 |
| respondent may
be detained for examination in a mental health | 15 |
| facility upon presentation
of the petition alone pending the | 16 |
| obtaining of such a certificate.
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| (b) In such instance the petition shall conform to the | 18 |
| requirements of
Section 3-601 and further specify that:
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| 1. the petitioner believes, as a result of his personal | 20 |
| observation, that
the respondent is subject to involuntary | 21 |
| admission;
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| 2. a diligent effort was made to obtain a certificate;
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| 3. no physician, qualified examiner, psychiatrist, or | 24 |
| clinical psychologist could be
found who has examined or | 25 |
| could examine the respondent; and
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| 4. a diligent effort has been made to convince the | 2 |
| respondent to appear
voluntarily for examination by a | 3 |
| physician, qualified examiner, psychiatrist, or clinical
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| psychologist, unless the petitioner reasonably believes | 5 |
| that effort would
impose a risk of harm to the respondent | 6 |
| or others.
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| (Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00; 92-16, | 8 |
| eff.
6-28-01.)
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| (405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
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| Sec. 3-607. Court ordered temporary detention and | 11 |
| examination. When, as
a result of personal observation and | 12 |
| testimony in open court, any court has
reasonable grounds to | 13 |
| believe that a person appearing before it is subject to
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| involuntary admission and in need of immediate hospitalization | 15 |
| to protect such
person or others from physical harm, the court | 16 |
| may enter an order for the
temporary detention and examination | 17 |
| of such person. The
order
shall set forth in detail the facts | 18 |
| which are the basis for its conclusion.
The court may order a | 19 |
| peace officer to take the person into custody and
transport him | 20 |
| to a mental health facility. The person may be detained for
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| examination for no more than 24 hours to determine whether or | 22 |
| not she or he is subject to involuntary admission and in need | 23 |
| of immediate hospitalization . If a petition and certificate , as
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| provided in this Article, are executed within the 24 hours, the | 25 |
| person may be
admitted provided that the certificate states |
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| that the person is both subject to involuntary admission and in | 2 |
| need of immediate hospitalization. If the certificate states | 3 |
| that the person is subject to involuntary admission but not in | 4 |
| need of immediate hospitalization, the person may remain in his | 5 |
| or her place of residence pending a hearing on the petition | 6 |
| unless he or she voluntarily agrees to inpatient treatment. and | 7 |
| the The provisions of this Article shall apply to all petitions | 8 |
| and certificates executed pursuant to this Section . If no | 9 |
| petition or
certificate is executed, the person shall be | 10 |
| released.
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| (Source: P.A. 91-726, eff. 6-2-00.)
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| (405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610)
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| Sec. 3-610.
As soon as possible but not later than 24 | 14 |
| hours, excluding
Saturdays, Sundays and holidays, after | 15 |
| admission of a respondent pursuant
to this Article, the | 16 |
| respondent shall be examined by a psychiatrist. The
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| psychiatrist may be a member of the staff of the facility but | 18 |
| shall not
be the person who executed the first certificate. If | 19 |
| a certificate has already been completed by a psychiatrist | 20 |
| following the respondent's admission, the respondent shall be | 21 |
| examined by another psychiatrist or by a physician, clinical | 22 |
| psychologist, or qualified examiner. If, as a result of this | 23 |
| second examination, a certificate is executed, the certificate | 24 |
| shall be promptly filed with the court. If the certificate | 25 |
| states that the respondent is subject to involuntary admission |
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| but not in need of immediate hospitalization, the respondent | 2 |
| may remain in his or her place of residence pending a hearing | 3 |
| on the petition unless he or she voluntarily agrees to | 4 |
| inpatient treatment. If the respondent is
not examined or if | 5 |
| the psychiatrist , physician, clinical psychologist, or | 6 |
| qualified examiner does not execute a certificate pursuant
to | 7 |
| Section 3-602, the respondent shall be released forthwith.
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| (Source: P.A. 80-1414.)
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| (405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702)
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| Sec. 3-702.
(a) The petition may be accompanied by the | 11 |
| certificate
of a physician, qualified examiner, psychiatrist, | 12 |
| or clinical psychologist which certifies
that the respondent is | 13 |
| subject to involuntary admission and which contains
the other | 14 |
| information specified in Section 3-602.
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| (b) Upon receipt of the petition either with or without a | 16 |
| certificate,
if the court finds the documents are in order, it | 17 |
| may make such orders pursuant
to Section 3-703 as are necessary | 18 |
| to provide for examination of the respondent.
If the petition | 19 |
| is not accompanied by 2 certificates executed pursuant to
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| Section 3-703, the court may order the respondent to present | 21 |
| himself for
examination at a time and place designated by the | 22 |
| court.
If the petition is accompanied by 2 certificates | 23 |
| executed pursuant to Section
3-703 and the court finds the | 24 |
| documents are in order, it shall set the matter
for hearing.
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| (Source: P.A. 91-726, eff. 6-2-00.)
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| (405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)
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| 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
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| 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
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| 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 |
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| both the certificates state that the respondent is not in need | 2 |
| of immediate hospitalization, the respondent may remain in his | 3 |
| or her place of residence pending a hearing on the petition | 4 |
| unless he or she voluntarily agrees to inpatient treatment.
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| (Source: P.A. 85-558.)
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| Section 10. The Mental Health and Developmental | 7 |
| Disabilities Confidentiality Act is amended by changing | 8 |
| Sections 4, 9.2, and 10 as follows:
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| (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
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| Sec. 4.
(a) The following persons shall be entitled, upon | 11 |
| request,
to inspect and copy a recipient's record or any part | 12 |
| thereof:
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| (1) the parent or guardian of a recipient who is under | 14 |
| 12 years of age;
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| (2) the recipient if he is 12 years of age or older;
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| (3) the parent or guardian of a recipient who is at | 17 |
| least 12 but under
18 years, if the recipient is informed | 18 |
| and does not object or if the therapist
does not find that | 19 |
| there are compelling reasons for denying the access.
The | 20 |
| parent or guardian who is denied access by either the | 21 |
| recipient or the
therapist may petition a court for access | 22 |
| to the record. Nothing in this
paragraph is intended to | 23 |
| prohibit the parent or guardian of a recipient who is
at | 24 |
| least 12 but under 18 years from requesting and receiving |
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| the following
information: current physical and mental | 2 |
| condition, diagnosis, treatment needs,
services provided, | 3 |
| and services needed, including medication, if any;
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| (4) the guardian of a recipient who is 18 years or | 5 |
| older;
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| (5) an attorney or guardian ad litem who represents a | 7 |
| minor 12
years of age or older in any judicial or | 8 |
| administrative proceeding,
provided that the court or | 9 |
| administrative hearing officer has entered an
order | 10 |
| granting the attorney this right; or
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| (6) an agent appointed under a recipient's power of | 12 |
| attorney for health
care or for property, when the power of | 13 |
| attorney authorizes the access ; .
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| (7) an attorney-in-fact appointed under the Mental | 15 |
| Health Treatment Preference Declaration Act; or | 16 |
| (8) any person in whose care and custody the recipient | 17 |
| has been placed pursuant to Section 3-811 of the Mental | 18 |
| Health and Developmental Disabilities Code. | 19 |
| (b) Assistance in interpreting the record may be provided | 20 |
| without charge
and shall be provided if the person inspecting | 21 |
| the record is under 18 years
of age. However, access may in no | 22 |
| way be denied or limited if the person
inspecting the record | 23 |
| refuses the assistance. A reasonable fee may be
charged for | 24 |
| duplication of a record. However, when requested to do so in
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| writing by any indigent recipient, the custodian of the records | 26 |
| shall
provide at no charge to the recipient, or to the |
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| Guardianship and Advocacy
Commission, the agency designated by | 2 |
| the Governor under Section 1 of the
Protection and Advocacy for | 3 |
| Developmentally Disabled Persons Act or to any
other | 4 |
| not-for-profit agency whose primary purpose is to provide free | 5 |
| legal
services or advocacy for the indigent and who has | 6 |
| received written
authorization from the recipient under | 7 |
| Section 5 of this Act to receive his
records, one copy of any | 8 |
| records in its possession whose disclosure is
authorized under | 9 |
| this Act.
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| (c) Any person entitled to access to a record under this | 11 |
| Section may submit
a written statement concerning any disputed | 12 |
| or new information, which statement
shall be entered into the | 13 |
| record. Whenever any disputed part of a record
is disclosed, | 14 |
| any submitted statement relating thereto shall accompany the
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| disclosed part. Additionally, any person entitled to access may | 16 |
| request
modification of any part of the record which he | 17 |
| believes is incorrect or
misleading. If the request is refused, | 18 |
| the person may seek a court order
to compel modification.
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| (d) Whenever access or modification is requested, the | 20 |
| request and any
action taken thereon shall be noted in the | 21 |
| recipient's record.
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| (Source: P.A. 88-484; 89-439, eff. 6-1-96 .)
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| (740 ILCS 110/9.2)
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| Sec. 9.2. Interagency disclosure of recipient information. | 25 |
| For the
purposes of continuity of care, the Department of Human |
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| Services (as
successor to the Department of Mental Health and | 2 |
| Developmental
Disabilities), community agencies funded by the
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| Department of Human Services in that capacity, licensed private | 4 |
| hospitals receiving payments from the Department of Human | 5 |
| Services or the Department of Healthcare and Family Services, | 6 |
| State correctional facilities prisons operated by the | 7 |
| Department of Corrections , mental health facilities operated | 8 |
| by a county, and jails operated by any
county of this State may | 9 |
| disclose a
recipient's record or communications, without | 10 |
| consent, to each other, but only
for the purpose of admission, | 11 |
| treatment, planning, or discharge. Entities
shall not | 12 |
| redisclose any personally identifiable information, unless | 13 |
| necessary
for admission, treatment, planning, or discharge of | 14 |
| the identified recipient to
another setting.
No records or | 15 |
| communications may be disclosed to a county jail or State | 16 |
| correctional facility prison pursuant to
this Section unless | 17 |
| the Department has entered into a written agreement with
the | 18 |
| county jail or State correctional facility prison requiring | 19 |
| that the county jail or State correctional facility prison | 20 |
| adopt written policies and
procedures designed to ensure that | 21 |
| the records and communications are disclosed
only to those | 22 |
| persons employed by or under contract to the county jail or | 23 |
| State correctional facility prison who are
involved in the | 24 |
| provision of mental health services to inmates and that the
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| records and communications are protected from further | 26 |
| disclosure.
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| (Source: P.A. 94-182, eff. 7-12-05.)
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| (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
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| Sec. 10. (a) Except as provided herein, in any civil, | 4 |
| criminal,
administrative, or legislative proceeding, or in any | 5 |
| proceeding preliminary
thereto, a recipient, and a therapist on | 6 |
| behalf and in the interest of a
recipient, has the privilege to | 7 |
| refuse to disclose and to prevent the
disclosure of the | 8 |
| recipient's record or communications.
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| (1) Records and communications may be disclosed in a | 10 |
| civil, criminal
or administrative proceeding in which the | 11 |
| recipient introduces his mental
condition or any aspect of | 12 |
| his services received for such condition as an
element of | 13 |
| his claim or defense, if and only to the extent the court | 14 |
| in
which the proceedings have been brought, or, in the case | 15 |
| of an administrative
proceeding, the court to which an | 16 |
| appeal or other action for review of an
administrative | 17 |
| determination may be taken, finds, after in camera
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| examination of testimony or other evidence, that it is | 19 |
| relevant, probative,
not unduly prejudicial or | 20 |
| inflammatory, and otherwise clearly
admissible; that other | 21 |
| satisfactory evidence is demonstrably unsatisfactory
as | 22 |
| evidence of the facts sought to be established by such | 23 |
| evidence; and
that disclosure is more important to the | 24 |
| interests of substantial justice
than protection from | 25 |
| injury to the therapist-recipient relationship or to
the |
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| recipient or other whom disclosure is likely to harm. | 2 |
| Except in a criminal
proceeding in which the recipient, who | 3 |
| is accused in that proceeding, raises
the defense of | 4 |
| insanity, no record or communication between a therapist
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| and a recipient shall be deemed relevant for purposes of | 6 |
| this subsection,
except the fact of treatment, the cost of | 7 |
| services and the ultimate
diagnosis unless the party | 8 |
| seeking disclosure of the communication clearly
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| establishes in the trial court a compelling need for its | 10 |
| production.
However, for purposes of this Act, in any | 11 |
| action brought or defended under
the Illinois Marriage and | 12 |
| Dissolution of Marriage Act, or in any action in
which pain | 13 |
| and suffering is an element of the claim, mental condition | 14 |
| shall
not be deemed to be introduced merely by making such | 15 |
| claim and shall be
deemed to be introduced only if the | 16 |
| recipient or a witness on his behalf
first testifies | 17 |
| concerning the record or communication.
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| (2) Records or communications may be disclosed in a | 19 |
| civil proceeding after
the recipient's death when the | 20 |
| recipient's physical or mental condition
has been | 21 |
| introduced as an element of a claim or defense by any party | 22 |
| claiming
or defending through or as a beneficiary of the | 23 |
| recipient, provided the
court finds, after in camera | 24 |
| examination of the evidence, that it is relevant,
| 25 |
| probative, and otherwise clearly admissible; that other | 26 |
| satisfactory evidence
is not available regarding the facts |
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| sought to be established by such evidence;
and that | 2 |
| disclosure is more important to the interests of | 3 |
| substantial justice
than protection from any injury which | 4 |
| disclosure is likely to cause.
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| (3) In the event of a claim made or an action filed by | 6 |
| a recipient, or,
following the recipient's death, by any | 7 |
| party claiming as a beneficiary
of the recipient for injury | 8 |
| caused in the course of providing services to such | 9 |
| recipient, the therapist and other persons whose actions
| 10 |
| are alleged
to have been the cause of injury may disclose | 11 |
| pertinent records and
communications to an attorney or | 12 |
| attorneys engaged to render advice about
and to provide | 13 |
| representation in connection with such matter and to | 14 |
| persons
working under the supervision of such attorney or | 15 |
| attorneys, and may
testify as to such records or
| 16 |
| communication in any administrative, judicial
or discovery | 17 |
| proceeding for the purpose of preparing and presenting a
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| defense against such claim or action.
| 19 |
| (4) Records and communications made to or by a | 20 |
| therapist in the course
of examination ordered by a court | 21 |
| for good cause shown may, if otherwise
relevant and | 22 |
| admissible, be disclosed in a civil, criminal,
or | 23 |
| administrative proceeding in which the recipient is a party | 24 |
| or in
appropriate pretrial proceedings, provided such | 25 |
| court has found that the
recipient has been as adequately | 26 |
| and as effectively as possible informed
before submitting |
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| to such examination that such records and communications
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| would not be considered confidential or privileged. Such | 3 |
| records and
communications shall be admissible only as to | 4 |
| issues involving the
recipient's physical or mental | 5 |
| condition and only to the extent that these
are germane to | 6 |
| such proceedings.
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| (5) Records and communications may be disclosed in a | 8 |
| proceeding under
the Probate Act of 1975, to determine a | 9 |
| recipient's competency or need for
guardianship, provided | 10 |
| that the disclosure is made only with respect to that | 11 |
| issue.
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| (6) Records and communications may be disclosed when | 13 |
| such are made during
treatment which the recipient is | 14 |
| ordered to undergo to render him fit to
stand trial on a | 15 |
| criminal charge, provided that the disclosure is made only
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| with respect to the issue of fitness to stand trial.
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| (7) Records and communications of the recipient may be | 18 |
| disclosed in any
civil or administrative proceeding | 19 |
| involving the validity of or benefits
under a life, | 20 |
| accident, health or disability insurance policy or | 21 |
| certificate,
or Health Care Service Plan Contract, | 22 |
| insuring the recipient, but only if
and to the extent that | 23 |
| the recipient's mental condition, or treatment or
services | 24 |
| in connection therewith, is a material element of any claim | 25 |
| or
defense of any party, provided that information sought | 26 |
| or disclosed shall
not be redisclosed except in connection |
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| with the proceeding in which
disclosure is made.
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| (8) Records or communications may be disclosed when | 3 |
| such are relevant
to a matter in issue in any action | 4 |
| brought under this Act and proceedings
preliminary | 5 |
| thereto, provided that any information so disclosed shall | 6 |
| not
be utilized for any other purpose nor be redisclosed | 7 |
| except in connection
with such action or preliminary | 8 |
| proceedings.
| 9 |
| (9) Records and communications of the recipient may be | 10 |
| disclosed in
investigations of and trials for homicide when | 11 |
| the disclosure relates directly
to the fact or immediate | 12 |
| circumstances of the homicide.
| 13 |
| (10) Records and communications of a deceased | 14 |
| recipient may be
disclosed to a coroner conducting a | 15 |
| preliminary investigation into the
recipient's death under | 16 |
| Section 3-3013 of the Counties Code. However,
records and | 17 |
| communications of the deceased recipient disclosed in an
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| investigation shall be limited solely to the deceased | 19 |
| recipient's records
and communications relating to the | 20 |
| factual circumstances of the incident
being investigated | 21 |
| in a mental health facility.
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| (11) Records and communications of a recipient shall be | 23 |
| disclosed in a
proceeding
where a petition or motion is | 24 |
| filed under the Juvenile Court Act of 1987 and
the | 25 |
| recipient is
named as a parent, guardian, or legal | 26 |
| custodian of a minor who is the subject
of a petition for |
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| wardship as
described in Section
2-3 of that Act or a minor | 2 |
| who is the subject of a petition for wardship as
described | 3 |
| in Section 2-4 of that
Act alleging the
minor is abused, | 4 |
| neglected, or dependent or the recipient is named as a | 5 |
| parent
of a child
who is the subject of
a petition, | 6 |
| supplemental petition, or motion to appoint a guardian with | 7 |
| the
power to consent to
adoption under Section 2-29 of the | 8 |
| Juvenile Court Act
of 1987.
| 9 |
| (12) Records and communications of a recipient may be
| 10 |
| disclosed when disclosure is necessary to collect sums or | 11 |
| receive
third party payment representing charges for | 12 |
| mental health or
developmental disabilities services | 13 |
| provided by a therapist or
agency to a recipient; however, | 14 |
| disclosure shall be limited to
information needed to pursue | 15 |
| collection, and the information so
disclosed may not be | 16 |
| used for any other purposes nor may it be
redisclosed | 17 |
| except in connection with collection activities.
Whenever | 18 |
| records are disclosed pursuant to this subdivision (12), | 19 |
| the
recipient of the records shall be advised in writing | 20 |
| that any person who
discloses mental health records and | 21 |
| communications in violation of this Act may
be subject to | 22 |
| civil liability pursuant to Section 15 of this Act or to | 23 |
| criminal
penalties pursuant to Section 16 of this Act or | 24 |
| both.
| 25 |
| (b) Before a disclosure is made under subsection (a), any | 26 |
| party to the
proceeding or any other interested person may |
|
|
|
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|
| 1 |
| request an in camera review
of the record or communications to | 2 |
| be disclosed. The court or agency
conducting the proceeding may | 3 |
| hold an in camera review on its own motion.
When, contrary to | 4 |
| the express wish of the recipient, the therapist asserts
a | 5 |
| privilege on behalf and in the interest of a recipient, the | 6 |
| court may
require that the therapist, in an in camera hearing, | 7 |
| establish that
disclosure is not in the best interest of the | 8 |
| recipient. The court or
agency may prevent disclosure or limit | 9 |
| disclosure to the extent that other
admissible evidence is | 10 |
| sufficient to establish the facts in issue. The
court or agency | 11 |
| may enter such orders as may be necessary in order to
protect | 12 |
| the confidentiality, privacy, and safety of the recipient or of
| 13 |
| other persons. Any order to disclose or to not disclose shall | 14 |
| be
considered a final order for purposes of appeal and shall be | 15 |
| subject to
interlocutory appeal.
| 16 |
| (c) A recipient's records and communications may be | 17 |
| disclosed to a
duly authorized committee, commission or | 18 |
| subcommittee of the General
Assembly which possesses subpoena | 19 |
| and hearing powers, upon a written
request approved by a | 20 |
| majority vote of the committee, commission or
subcommittee | 21 |
| members. The committee, commission or subcommittee may
request | 22 |
| records only for the purposes of investigating or studying
| 23 |
| possible violations of recipient rights. The request shall | 24 |
| state the
purpose for which disclosure is sought.
| 25 |
| The facility shall notify the recipient, or his guardian, | 26 |
| and therapist in
writing of any disclosure request under this |
|
|
|
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| 1 |
| subsection within 5 business
days after such request. Such | 2 |
| notification shall also inform the
recipient, or guardian, and | 3 |
| therapist of their right to object to the
disclosure within 10 | 4 |
| business days after receipt of the notification and
shall | 5 |
| include the name, address and telephone number of the
| 6 |
| committee, commission or subcommittee member or staff person | 7 |
| with whom an
objection shall be filed. If no objection has been | 8 |
| filed within 15
business days after the request for disclosure, | 9 |
| the facility shall disclose
the records and communications to | 10 |
| the committee, commission or
subcommittee. If an objection has | 11 |
| been filed within 15 business days after
the request for | 12 |
| disclosure, the facility shall disclose the records and
| 13 |
| communications only after the committee, commission or | 14 |
| subcommittee has
permitted the recipient, guardian or | 15 |
| therapist to present his objection in
person before it and has | 16 |
| renewed its request for disclosure by a majority
vote of its | 17 |
| members.
| 18 |
| Disclosure under this subsection shall not occur until all | 19 |
| personally
identifiable data of the recipient and provider are | 20 |
| removed from the
records and communications. Disclosure under | 21 |
| this subsection shall not
occur in any public proceeding.
| 22 |
| (d) No party to any proceeding described under paragraphs | 23 |
| (1), (2),
(3), (4), (7), or (8) of subsection (a) of this | 24 |
| Section, nor his or
her attorney, shall serve a subpoena | 25 |
| seeking to obtain access to records or
communications under | 26 |
| this Act unless the subpoena is accompanied by a
written order |
|
|
|
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LRB096 14618 KTG 29457 b |
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| 1 |
| issued by a judge, authorizing the disclosure of the records
or | 2 |
| the issuance of the subpoena. No such written order shall be | 3 |
| issued without written notice of the motion to the recipient | 4 |
| and the treatment provider. Prior to issuance of the order, | 5 |
| each party or other person entitled to notice shall be | 6 |
| permitted an opportunity to be heard pursuant to subsection (b) | 7 |
| of this Section. No person shall comply with a subpoena for
| 8 |
| records or communications under this Act, unless the subpoena | 9 |
| is
accompanied by a written order authorizing the issuance of | 10 |
| the subpoena or
the disclosure of the records. Each subpoena | 11 |
| duces tecum issued by a court or administrative agency or | 12 |
| served on any person pursuant to this subsection (d) shall | 13 |
| include the following language: "No person shall comply with a | 14 |
| subpoena for mental health records or communications pursuant | 15 |
| to Section 10 of the Mental Health and Developmental | 16 |
| Disabilities Confidentiality Act, 740 ILCS 110/10, unless the | 17 |
| subpoena is accompanied by a written order that authorizes the | 18 |
| issuance of the subpoena and the disclosure of records or | 19 |
| communications."
| 20 |
| (e) When a person has been transported by a peace officer | 21 |
| to a mental
health facility, then upon the request of a peace | 22 |
| officer, if the person is
allowed to leave the mental health | 23 |
| facility within 48 hours of arrival,
excluding Saturdays, | 24 |
| Sundays, and holidays, the facility director shall notify
the | 25 |
| local law enforcement authority prior to the release of the | 26 |
| person. The
local law enforcement authority may re-disclose the |
|
|
|
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LRB096 14618 KTG 29457 b |
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| 1 |
| information as necessary to
alert the appropriate enforcement | 2 |
| or prosecuting authority.
| 3 |
| (f) A recipient's records and communications shall be | 4 |
| disclosed to the
Inspector General of the Department of Human | 5 |
| Services within 10 business days
of a request by the Inspector | 6 |
| General
(i) in the course of an investigation authorized by the | 7 |
| Department of Human Services Act and applicable rule or (ii) | 8 |
| during the course of an assessment authorized by the Abuse of | 9 |
| Adults with Disabilities Intervention Act and applicable rule. | 10 |
| The request
shall be
in writing and signed by the Inspector | 11 |
| General or his or her designee. The
request shall state the | 12 |
| purpose for which disclosure is sought. Any person who
| 13 |
| knowingly and willfully refuses to comply with such a request | 14 |
| is guilty of a
Class A misdemeanor. A recipient's records and | 15 |
| communications shall also be disclosed pursuant to subsection | 16 |
| (g-5) of Section 1-17 of the Department of Human Services Act | 17 |
| in testimony at health care worker registry hearings or | 18 |
| preliminary proceedings when such are relevant to the matter in | 19 |
| issue, provided that any information so disclosed shall not be | 20 |
| utilized for any other purpose nor be redisclosed except in | 21 |
| connection with such action or preliminary proceedings.
| 22 |
| (Source: P.A. 96-406, eff. 8-13-09.)
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
|
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 405 ILCS 5/1-104.5 |
|
| 4 |
| 405 ILCS 5/3-602 |
from Ch. 91 1/2, par. 3-602 |
| 5 |
| 405 ILCS 5/3-603 |
from Ch. 91 1/2, par. 3-603 |
| 6 |
| 405 ILCS 5/3-607 |
from Ch. 91 1/2, par. 3-607 |
| 7 |
| 405 ILCS 5/3-610 |
from Ch. 91 1/2, par. 3-610 |
| 8 |
| 405 ILCS 5/3-702 |
from Ch. 91 1/2, par. 3-702 |
| 9 |
| 405 ILCS 5/3-703 |
from Ch. 91 1/2, par. 3-703 |
| 10 |
| 740 ILCS 110/4 |
from Ch. 91 1/2, par. 804 |
| 11 |
| 740 ILCS 110/9.2 |
|
| 12 |
| 740 ILCS 110/10 |
from Ch. 91 1/2, par. 810 |
| |
|