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92nd General Assembly

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Public Act 92-0738

SB2022 Enrolled                                LRB9215724RCcd

    AN  ACT  concerning  mental  health   and   developmental
disabilities confidentiality.

    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 12 as follows:

    (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
    Sec. 12.  (a) If the United States Secret Service or  the
Department of State Police requests information from a mental
health  or  developmental  disability facility, as defined in
Section  1-107  and  1-114   of   the   Mental   Health   and
Developmental  Disabilities  Code,  relating  to  a  specific
recipient   and   the   facility   director  determines  that
disclosure of such information may be  necessary  to  protect
the  life  of,  or  to prevent the infliction of great bodily
harm to, a public official, or a person under the  protection
of  the  United  States  Secret  Service,  only the following
information may be disclosed: the recipient's name,  address,
and  age and the date of any admission to or discharge from a
facility; and any information which would indicate whether or
not the recipient has a history of  violence  or  presents  a
danger  of  violence  to  the  person  under protection.  Any
information so disclosed  shall  be  used  for  investigative
purposes  only  and  shall  not be publicly disseminated. Any
person participating in good faith in the disclosure of  such
information  in  accordance  with  this  provision shall have
immunity from any liability, civil, criminal or otherwise, if
such information is disclosed relying upon the representation
of an officer of the United  States  Secret  Service  or  the
Department  of  State  Police  that  a  person  is  under the
protection of the United States Secret Service or is a public
official.
    For the purpose of this subsection (a), the term  "public
official"  means  the Governor, Lieutenant Governor, Attorney
General,  Secretary  of  State,  State   Comptroller,   State
Treasurer  or member of the General Assembly.  The term shall
also include the  spouse,  child  or  children  of  a  public
official.
    (b)  The   Department   of   Human  Services  (acting  as
successor  to   the   Department   of   Mental   Health   and
Developmental  Disabilities)  and  all  private hospitals are
required, as  hereafter  described  in  this  subsection,  to
furnish  the Department of State Police only such information
as may be  required  for  the  sole  purpose  of  determining
whether  an  individual who may be or may have been a patient
is disqualified because of  that  status  from  receiving  or
retaining   a   Firearm  Owner's  Identification  Card  under
subsection  (e)  of  Section  8   of   the   Firearm   Owners
Identification  Card Act. All private hospitals shall, in the
form and manner required  by  the  Department,  provide  such
information  as  shall  be  necessary  for  the Department to
comply with the reporting requirements to the  Department  of
State  Police.  Such information shall be furnished within 30
days  after  admission  to  a  private  hospital.   Any  such
information disclosed  under  this  subsection  shall  remain
privileged and confidential, and shall not be redisclosed nor
utilized  for any other purpose.  The method of requiring the
providing  of  such  information  shall  guarantee  that   no
information  is  released  beyond  what is necessary for this
purpose. In addition,  the  information  disclosed  shall  be
provided by the Department within the time period established
by  Section  24-3  of the Criminal Code of 1961 regarding the
delivery of firearms.  The method used shall be sufficient to
provide the necessary information within the prescribed  time
period, which may include periodically providing lists to the
Department  of  Human  Services  or  any  private hospital of
Firearm Owner's Identification Card applicants on  which  the
Department or hospital shall indicate the identities of those
individuals who are to its knowledge disqualified from having
a  Firearm  Owner's Identification Card for reasons described
herein.  The Department may provide for a centralized  source
of  information  for  the  State  on  this  subject under its
jurisdiction.
    Any person,  institution,  or  agency,  under  this  Act,
participating in good faith in the reporting or disclosure of
records  and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued  by
the Department shall have immunity from any liability, civil,
criminal  or  otherwise,  that  might result by reason of the
action.   For  the  purpose  of  any  proceeding,  civil   or
criminal, arising out of a report or disclosure in accordance
with   this   provision,   the  good  faith  of  any  person,
institution, or agency so reporting or  disclosing  shall  be
presumed.   The  full extent of the immunity provided in this
subsection (b) shall apply  to  any  person,  institution  or
agency  that fails to make a report or disclosure in the good
faith belief that the  report  or  disclosure  would  violate
federal  regulations governing the confidentiality of alcohol
and drug abuse patient records implementing 42 U.S.C. 290dd-3
and 290ee-3.
    For purposes of this subsection (b) only,  the  following
terms shall have the meaning prescribed:
         (1)  "Hospital"  means only that type of institution
    which is providing full-time residential  facilities  and
    treatment for in-patients and excludes institutions, such
    as  community  clinics,  which  only provide treatment to
    out-patients.
         (2)  "Patient" shall mean only a person  who  is  an
    in-patient   or   resident   of   any  hospital,  not  an
    out-patient  or   client   seen   solely   for   periodic
    consultation.
    (c)  Upon  the  request  of  a  peace officer who takes a
person into custody and transports such person  to  a  mental
health  or  developmental  disability  facility  pursuant  to
Section 3-606 or 4-404 of the Mental Health and Developmental
Disabilities  Code  or  who  transports  a  person  from such
facility,  a  facility  director  shall  furnish  said  peace
officer the name,  address,  age  and  name  of  the  nearest
relative  of  the  person  transported  to or from the mental
health or developmental  disability  facility.   In  no  case
shall the facility director disclose to the peace officer any
information   relating   to   the   diagnosis,  treatment  or
evaluation of the person's mental or physical health.
    For the  purposes  of  this  subsection  (c),  the  terms
"mental  health or developmental disability facility", "peace
officer" and "facility  director"  shall  have  the  meanings
ascribed  to  them  in  the  Mental  Health and Developmental
Disabilities Code.
    (d)  Upon the request of a peace officer  or  prosecuting
authority  who  is  conducting a bona fide investigation of a
criminal offense, or attempting to apprehend a fugitive  from
justice, a facility director may disclose whether a person is
present  at  the facility. Upon request of a peace officer or
prosecuting authority who has a valid forcible felony warrant
issued, a facility director shall disclose: (1)  whether  the
person  who  is  the subject of the warrant is present at the
facility and (2) the  date  of  that  person's  discharge  or
future  discharge  from  the  facility.  The requesting peace
officer or prosecuting authority must furnish a  case  number
and the purpose of the investigation or an outstanding arrest
warrant at the time of the request.  Any person, institution,
or  agency  participating  in  good  faith in disclosing such
information in accordance with this subsection (d) is  immune
from  any liability, civil, criminal or otherwise, that might
result by reason of the action.
(Source: P.A. 89-507, eff. 7-1-97; 90-423, eff. 8-15-97.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 08, 2002.
    Approved July 25, 2002.
    Effective July 25, 2002.

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