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Public Act 099-0278


 

Public Act 0278 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0278
 
HB3599 EnrolledLRB099 10237 SXM 30463 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Student Optional Disclosure of Private Mental Health Act.
 
    Section 5. Definitions. In this Act:
    (a) "Designated person" means a parent, guardian, or other
person over the age of 18 designated by the student to receive
disclosure of certain private mental health information.
    (b) "Qualified examiner" has the meaning ascribed to that
term in Section 1-122 of the Mental Health and Developmental
Disabilities Code.
 
    Section 10. Disclosure of mental health information.
    (a) An institution of higher learning in Illinois shall, at
or near the time that an incoming student enrolls at the
institution of higher learning, provide that student the
opportunity to authorize in writing the disclosure of certain
private mental health information to a designated person.
    (b) The institution may disclose the student's mental
information if a physician, clinical psychologist, or
qualified examiner who is employed by the institution of higher
learning makes a determination that the student poses a clear
danger to himself, herself, or others to protect the student or
other person against a clear, imminent risk of serious physical
or mental injury or disease or death being inflicted upon the
person or by the student on himself, herself, or another.
    The physician, clinical psychologist, or qualified
examiner shall, as soon as practicable, but in no more than 24
hours after making a determination under this Section, attempt
to contact the designated person and notify the designated
person that the physician, clinical psychologist, or qualified
examiner has made a determination that the student poses a
clear, imminent danger to himself, herself, or others.
 
    Section 15. Preparation of authorization form. An
institution of higher learning shall prepare a form for the
purpose of such authorization and shall create a policy and
supporting procedures to ensure that every new student is given
the opportunity to complete and submit the form if he or she so
desires. The form shall provide a space for the student to
affirmatively authorize, or decline to authorize, the
disclosure of the information. The firm shall contain a space
for the student to enter the name, address, telephone number,
and other contact information for the designated person.

Effective Date: 1/1/2016