Rep. David R. Leitch

Filed: 3/19/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3599

2    AMENDMENT NO. ______. Amend House Bill 3599 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Student Optional Disclosure of Private Mental Health Act.
 
6    Section 5. Definitions. In this Act:
7    (a) "Designated person" means a parent, guardian, or other
8person over the age of 18 designated by the student to receive
9disclosure of certain private mental health information.
10    (b) "Qualified examiner" has the meaning ascribed to that
11term in Section 1-122 of the Mental Health and Developmental
12Disabilities Code.
 
13    Section 10. Disclosure of mental health information.
14    (a) An institution of higher learning in Illinois shall, at
15or near the time that an incoming student enrolls at the

 

 

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1institution of higher learning, provide that student the
2opportunity to authorize in writing the disclosure of certain
3private mental health information to a designated person.
4    (b) The institution may disclose the student's mental
5information if a physician, clinical psychologist, or
6qualified examiner who is employed by the institution of higher
7learning makes a determination that the student poses a clear
8danger to himself, herself, or others to protect the student or
9other person against a clear, imminent risk of serious physical
10or mental injury or disease or death being inflicted upon the
11person or by the student on himself, herself, or another.
12    The physician, clinical psychologist, or qualified
13examiner shall, as soon as practicable, but in no more than 24
14hours after making a determination under this Section, attempt
15to contact the designated person and notify the designated
16person that the physician, clinical psychologist, or qualified
17examiner has made a determination that the student poses a
18clear, imminent danger to himself, herself, or others.
 
19    Section 15. Preparation of authorization form. An
20institution of higher learning shall prepare a form for the
21purpose of such authorization and shall create a policy and
22supporting procedures to ensure that every new student is given
23the opportunity to complete and submit the form if he or she so
24desires. The form shall provide a space for the student to
25affirmatively authorize, or decline to authorize, the

 

 

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1disclosure of the information. The firm shall contain a space
2for the student to enter the name, address, telephone number,
3and other contact information for the designated person.".