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Public Act 100-0196


 

Public Act 0196 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0196
 
HB3709 EnrolledLRB100 10929 RLC 21166 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Section 3-501 as
follows:
 
    (405 ILCS 5/3-501)  (from Ch. 91 1/2, par. 3-501)
    Sec. 3-501. Minors 12 years of age or older request to
receive counseling services or psychotherapy on an outpatient
basis.
    (a) Any minor 12 years of age or older may request and
receive counseling services or psychotherapy on an outpatient
basis. The consent of the minor's his parent, guardian, or
person in loco parentis shall not be necessary to authorize
outpatient counseling services or psychotherapy. The minor's
parent, guardian or person in loco parentis shall not be
informed of such counseling or psychotherapy without the
consent of the minor unless the facility director believes such
disclosure is necessary. If the facility director intends to
disclose the fact of counseling or psychotherapy, the minor
shall be so informed. However, until the consent of the minor's
parent, guardian, or person in loco parentis has been obtained,
outpatient counseling services or psychotherapy provided to a
minor under the age of 17 shall be initially limited to not
more than 8 90-minute sessions 5 sessions, a session lasting
not more than 45 minutes. The service provider shall consider
the factors contained in subsection (a-1) of this Section
throughout the therapeutic process to determine, through
consultation with the minor, whether attempting to obtain the
consent of a parent, guardian, or person in loco parentis would
be detrimental to the minor's well-being. No later than the
eighth session, the service provider shall determine and share
with the minor the service provider's decision as described
below:
        (1) If the service provider finds that attempting to
    obtain consent would not be detrimental to the minor's
    well-being, the provider shall notify the minor that the
    consent of a parent, guardian, or person in loco parentis
    is required to continue counseling services or
    psychotherapy.
        (2) If the minor does not permit the service provider
    to notify the parent, guardian, or person in loco parentis
    for the purpose of consent after the eighth session the
    service provider shall discontinue counseling services or
    psychotherapy and shall not notify the parent, guardian, or
    person in loco parentis about the counseling services or
    psychotherapy.
        (3) If the minor permits the service provider to notify
    the parent, guardian, or person in loco parentis for the
    purpose of consent, without discontinuing counseling
    services or psychotherapy, the service provider shall make
    reasonable attempts to obtain consent. The service
    provider shall document each attempt to obtain consent in
    the minor's clinical record. The service provider may
    continue to provide counseling services or psychotherapy
    without the consent of the minor's parent, guardian, or
    person in loco parentis if:
            (A) the service provider has made at least 2
        unsuccessful attempts to contact the minor's parent,
        guardian, or person in loco parentis to obtain consent;
        and
            (B) the service provider has obtained the minor's
        written consent.
        (4) If, after the eighth session, the service provider
    of counseling services or psychotherapy determines that
    obtaining consent would be detrimental to the minor's
    well-being, the service provider shall consult with his or
    her supervisor when possible to review and authorize the
    determination under subsection (a) of this Section. The
    service provider shall document the basis for the
    determination in the minor's clinical record and may then
    accept the minor's written consent to continue to provide
    counseling services or psychotherapy without also
    obtaining the consent of a parent, guardian, or person in
    loco parentis.
        (5) If the minor continues to receive counseling
    services or psychotherapy without the consent of a parent,
    guardian, or person in loco parentis beyond 8 sessions, the
    service provider shall evaluate, in consultation with his
    or her supervisor when possible, his or her determination
    under this subsection (a), and review the determination
    every 60 days until counseling services or psychotherapy
    ends or the minor reaches age 17. If it is determined
    appropriate to notify the parent, guardian, or person in
    loco parentis and the minor consents, the service provider
    shall proceed under paragraph (3) of subsection (a) of this
    Section.
        (6) When counseling services or psychotherapy are
    related to allegations of neglect, sexual abuse, or mental
    or physical abuse by the minor's parent, guardian, or
    person in loco parentis, obtaining consent of that parent,
    guardian, or person in loco parentis shall be presumed to
    be detrimental to the minor's well-being.
    (a-1) Each of the following factors must be present in
order for the service provider to find that obtaining the
consent of a parent, guardian, or person in loco parentis would
be detrimental to the minor's well-being:
        (1) requiring the consent or notification of a parent,
    guardian, or person in loco parentis would cause the minor
    to reject the counseling services or psychotherapy;
        (2) the failure to provide the counseling services or
    psychotherapy would be detrimental to the minor's
    well-being;
        (3) the minor has knowingly and voluntarily sought the
    counseling services or psychotherapy; and
        (4) in the opinion of the service provider, the minor
    is mature enough to participate in counseling services or
    psychotherapy productively.
    (a-2) The minor's parent, guardian, or person in loco
parentis shall not be informed of the counseling services or
psychotherapy without the written consent of the minor unless
the service provider believes the disclosure is necessary under
subsection (a) of this Section. If the facility director or
service provider intends to disclose the fact of counseling
services or psychotherapy, the minor shall be so informed and
if the minor chooses to discontinue counseling services or
psychotherapy after being informed of the decision of the
facility director or service provider to disclose the fact of
counseling services or psychotherapy to the parent, guardian,
or person in loco parentis, then the parent, guardian, or
person in loco parentis shall not be notified. Under the Mental
Health and Developmental Disabilities Confidentiality Act, the
facility director, his or her designee, or the service provider
shall not allow the minor's parent, guardian, or person in loco
parentis, upon request, to inspect or copy the minor's record
or any part of the record if the service provider finds that
there are compelling reasons for denying the access. Nothing in
this Section shall be interpreted to limit a minor's privacy
and confidentiality protections under State law.
    (b) The minor's parent, guardian, or person in loco
parentis shall not be liable for the costs of outpatient
counseling services or psychotherapy which is received by the
minor without the consent of the minor's parent, guardian, or
person in loco parentis.
    (c) Counseling services or psychotherapy provided under
this Section shall be provided in compliance with the
Professional Counselor and Clinical Professional Counselor
Licensing and Practice Act or the Clinical Psychologist
Licensing Act.
(Source: P.A. 86-922.)

Effective Date: 1/1/2018