Full Text of HB5586 97th General Assembly
HB5586 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5586 Introduced 2/15/2012, by Rep. Kimberly du Buclet SYNOPSIS AS INTRODUCED: |
| 740 ILCS 110/4 | from Ch. 91 1/2, par. 804 |
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Amends the Mental Health and Developmental Disabilities Confidentiality Act. Authorizes the inspection and copying of mental health services records of a recipient of such services by a law enforcement officer who has lawfully arrested the recipient, if the officer has (i) a reasonable suspicion that the recipient is suffering from mental illness and (ii) a reasonable belief that the recipient may benefit from treatment in a mental health facility rather than placement in a correctional institution, jail, juvenile correctional facility, or juvenile detention facility. Provides that the information disclosable under this provision is limited to whether the recipient is receiving mental health services from a mental health facility or has received such services within the preceding 6 months and may not be redisclosed by the law enforcement officer except as provided by law.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Confidentiality Act is amended by changing | 6 | | Section 4 as follows:
| 7 | | (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
| 8 | | Sec. 4.
(a) The following persons shall be entitled, upon | 9 | | request,
to inspect and copy a recipient's record or any part | 10 | | thereof:
| 11 | | (1) the parent or guardian of a recipient who is under | 12 | | 12 years of age;
| 13 | | (2) the recipient if he is 12 years of age or older;
| 14 | | (3) the parent or guardian of a recipient who is at | 15 | | least 12 but under
18 years, if the recipient is informed | 16 | | and does not object or if the therapist
does not find that | 17 | | there are compelling reasons for denying the access.
The | 18 | | parent or guardian who is denied access by either the | 19 | | recipient or the
therapist may petition a court for access | 20 | | to the record. Nothing in this
paragraph is intended to | 21 | | prohibit the parent or guardian of a recipient who is
at | 22 | | least 12 but under 18 years from requesting and receiving | 23 | | the following
information: current physical and mental |
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| 1 | | condition, diagnosis, treatment needs,
services provided, | 2 | | and services needed, including medication, if any;
| 3 | | (4) the guardian of a recipient who is 18 years or | 4 | | older;
| 5 | | (5) an attorney or guardian ad litem who represents a | 6 | | minor 12
years of age or older in any judicial or | 7 | | administrative proceeding,
provided that the court or | 8 | | administrative hearing officer has entered an
order | 9 | | granting the attorney this right;
| 10 | | (6) an agent appointed under a recipient's power of | 11 | | attorney for health
care or for property, when the power of | 12 | | attorney authorizes the access;
| 13 | | (7) an attorney-in-fact appointed under the Mental | 14 | | Health Treatment Preference Declaration Act; or | 15 | | (8) any person in whose care and custody the recipient | 16 | | has been placed pursuant to Section 3-811 of the Mental | 17 | | Health and Developmental Disabilities Code ; or . | 18 | | (9) a law enforcement officer who has lawfully arrested | 19 | | the recipient, if the officer has (i) a reasonable | 20 | | suspicion that the recipient is suffering from mental | 21 | | illness and (ii) a reasonable belief that the recipient may | 22 | | benefit from treatment in a mental health facility as | 23 | | defined in the Mental Health and Developmental | 24 | | Disabilities Code rather than placement in a correctional | 25 | | institution, jail, juvenile correctional facility, or | 26 | | juvenile detention facility; the information disclosable |
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| 1 | | under this paragraph (9) is limited to whether the | 2 | | recipient is receiving mental health services from a mental | 3 | | health facility or has received such services within the | 4 | | preceding 6 months and may not be redisclosed by the law | 5 | | enforcement officer except as provided by law. | 6 | | (b) Assistance in interpreting the record may be provided | 7 | | without charge
and shall be provided if the person inspecting | 8 | | the record is under 18 years
of age. However, access may in no | 9 | | way be denied or limited if the person
inspecting the record | 10 | | refuses the assistance. A reasonable fee may be
charged for | 11 | | duplication of a record. However, when requested to do so in
| 12 | | writing by any indigent recipient, the custodian of the records | 13 | | shall
provide at no charge to the recipient, or to the | 14 | | Guardianship and Advocacy
Commission, the agency designated by | 15 | | the Governor under Section 1 of the
Protection and Advocacy for | 16 | | Developmentally Disabled Persons Act or to any
other | 17 | | not-for-profit agency whose primary purpose is to provide free | 18 | | legal
services or advocacy for the indigent and who has | 19 | | received written
authorization from the recipient under | 20 | | Section 5 of this Act to receive his
records, one copy of any | 21 | | records in its possession whose disclosure is
authorized under | 22 | | this Act.
| 23 | | (c) Any person entitled to access to a record under this | 24 | | Section may submit
a written statement concerning any disputed | 25 | | or new information, which statement
shall be entered into the | 26 | | record. Whenever any disputed part of a record
is disclosed, |
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| 1 | | any submitted statement relating thereto shall accompany the
| 2 | | disclosed part. Additionally, any person entitled to access may | 3 | | request
modification of any part of the record which he | 4 | | believes is incorrect or
misleading. If the request is refused, | 5 | | the person may seek a court order
to compel modification.
| 6 | | (d) Whenever access or modification is requested, the | 7 | | request and any
action taken thereon shall be noted in the | 8 | | recipient's record.
| 9 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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