102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2469

 

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
New Act
740 ILCS 110/4  from Ch. 91 1/2, par. 804

    Creates the Suicide Prevention Act. Provides that for a person 18 years of age or older who is receiving or has received mental health services for an attempted suicide, the person's therapist shall identify a family member or other person who shall consult with the therapist every 30 days following a suicide attempt for the period of one year. Provides that the period may be extended by the therapist based on need. Provides that the therapist shall be responsible for consulting with the designated person about the progress of the person who is receiving mental health services toward restoration of mental health. Provides that except as otherwise prohibited by the federal Health Insurance Portability and Accountability Act of 1996, a therapist is not criminally or civilly liable for disclosing the recipient's therapy or for discussing the progress of the recipient toward mental health to a person designated under the Act. Defines various terms. Amends the Mental Health and Developmental Disabilities Confidentiality Act to make conforming changes.


LRB102 13266 RLC 18610 b

 

 

A BILL FOR

 

HB2469LRB102 13266 RLC 18610 b

1    AN ACT concerning suicide prevention.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Suicide Prevention Act.
 
6    Section 5. Definitions. In this Act:
7    "Attempted suicide" means any act done with the intent to
8commit suicide and that constitutes a substantial step toward
9commission of suicide.
10    "Mental health services" means planned individualized
11interventions intended to reduce or ameliorate mental illness
12or the effects of mental illness through care, treatment,
13counseling, rehabilitation, medical or psychiatric care, or
14other supports provided to individuals with mental illness for
15the purpose of enabling these individuals to increase their
16self-determination and independence, obtain remunerative
17employment, participate fully in all aspects of community
18life, advocate for themselves, and achieve their fullest
19potential to the greatest extent possible.
20    "Mental illness" means a mental, or emotional disorder
21that substantially impairs a person's thought, perception of
22reality, emotional process, judgment, behavior, or ability to
23cope with the ordinary demands of life, but does not include a

 

 

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1developmental disability, dementia or Alzheimer's disease
2absent psychosis, a substance use disorder, or an abnormality
3manifested only by repeated criminal or otherwise antisocial
4conduct.
5    "Physician", "psychiatrist", "clinical psychologist",
6"clinical professional counselor", and "clinical social
7worker" have the meanings ascribed to them in the Mental
8Health and Developmental Disabilities Code.
9    "Psychiatric nurse" means a registered nurse with a
10master's degree in psychiatric nursing who has 3 years of
11clinical training and experience in the evaluation and
12treatment of mental illness that has been acquired subsequent
13to any training and experience that constituted a part of the
14degree program.
15    "Recipient" means a person who is receiving or has
16received mental health services.
17    "Therapist" means a psychiatrist, physician, clinical
18psychologist, clinical social worker, psychiatric nurse,
19clinical professional counselor, or any other person providing
20mental health services or any other person not prohibited by
21law from providing those services or from holding himself or
22herself out as a therapist if the recipient reasonably
23believes that the person is permitted to do so. Therapist
24includes any successor of the therapist.
 
25    Section 10. Suicide prevention. For a person 18 years of

 

 

HB2469- 3 -LRB102 13266 RLC 18610 b

1age or older who is receiving or has received mental health
2services for an attempted suicide, the person's therapist
3shall identify a family member or other person who shall
4consult with the therapist every 30 days following a suicide
5attempt for the period of one year. The period may be extended
6by the therapist based on need. The therapist shall be
7responsible for consulting with the designated person about
8the progress of the person who is receiving mental health
9services toward restoration of mental health.
 
10    Section 15. Immunity of therapist from criminal or civil
11liability. Except as otherwise prohibited by the federal
12Health Insurance Portability and Accountability Act of 1996, a
13therapist is not criminally or civilly liable for disclosing
14the recipient's therapy or for discussing the progress of the
15recipient toward mental health to a person designated under
16Section 10.
 
17    Section 105. The Mental Health and Developmental
18Disabilities Confidentiality Act is amended by changing
19Section 4 as follows:
 
20    (740 ILCS 110/4)  (from Ch. 91 1/2, par. 804)
21    Sec. 4. (a) The following persons shall be entitled, upon
22request, to inspect and copy a recipient's record or any part
23thereof:

 

 

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1        (1) the parent or guardian of a recipient who is under
2    12 years of age;
3        (2) the recipient if he is 12 years of age or older;
4        (3) the parent or guardian of a recipient who is at
5    least 12 but under 18 years, if the recipient is informed
6    and does not object or if the therapist does not find that
7    there are compelling reasons for denying the access. The
8    parent or guardian who is denied access by either the
9    recipient or the therapist may petition a court for access
10    to the record. Nothing in this paragraph is intended to
11    prohibit the parent or guardian of a recipient who is at
12    least 12 but under 18 years from requesting and receiving
13    the following information: current physical and mental
14    condition, diagnosis, treatment needs, services provided,
15    and services needed, including medication, if any;
16        (4) the guardian of a recipient who is 18 years or
17    older;
18        (5) an attorney or guardian ad litem who represents a
19    minor 12 years of age or older in any judicial or
20    administrative proceeding, provided that the court or
21    administrative hearing officer has entered an order
22    granting the attorney this right;
23        (6) an agent appointed under a recipient's power of
24    attorney for health care or for property, when the power
25    of attorney authorizes the access;
26        (7) an attorney-in-fact appointed under the Mental

 

 

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1    Health Treatment Preference Declaration Act; or
2        (8) any person in whose care and custody the recipient
3    has been placed pursuant to Section 3-811 of the Mental
4    Health and Developmental Disabilities Code; or
5        (9) any person designated by a therapist under Section
6    10 of the Suicide Prevention Act to be consulted on the
7    progress of a recipient of mental health services who has
8    attempted suicide.
9    (b) Assistance in interpreting the record may be provided
10without charge and shall be provided if the person inspecting
11the record is under 18 years of age. However, access may in no
12way be denied or limited if the person inspecting the record
13refuses the assistance. A reasonable fee may be charged for
14duplication of a record. However, when requested to do so in
15writing by any indigent recipient, the custodian of the
16records shall provide at no charge to the recipient, or to the
17Guardianship and Advocacy Commission, the agency designated by
18the Governor under Section 1 of the Protection and Advocacy
19for Persons with Developmental Disabilities Act or to any
20other not-for-profit agency whose primary purpose is to
21provide free legal services or advocacy for the indigent and
22who has received written authorization from the recipient
23under Section 5 of this Act to receive his records, one copy of
24any records in its possession whose disclosure is authorized
25under this Act.
26    (c) Any person entitled to access to a record under this

 

 

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1Section may submit a written statement concerning any disputed
2or new information, which statement shall be entered into the
3record. Whenever any disputed part of a record is disclosed,
4any submitted statement relating thereto shall accompany the
5disclosed part. Additionally, any person entitled to access
6may request modification of any part of the record which he
7believes is incorrect or misleading. If the request is
8refused, the person may seek a court order to compel
9modification.
10    (d) Whenever access or modification is requested, the
11request and any action taken thereon shall be noted in the
12recipient's record.
13(Source: P.A. 99-143, eff. 7-27-15.)