State of Illinois
2011 and 2012


Introduced 2/8/2011, by Sen. Mattie Hunter


740 ILCS 110/11  from Ch. 91 1/2, par. 811

    Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that a person, institution, or agency that maintains a recipient's pharmaceutical records and communications regarding pharmaceuticals may disclose those records and communications, along with related payment records, to any medical practitioner who is providing medical care to the recipient. Effective immediately.

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1    AN ACT concerning civil liabilities.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Mental Health and Developmental
5Disabilities Confidentiality Act is amended by changing
6Section 11 as follows:
7    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
8    Sec. 11. Disclosure of records and communications. Records
9and communications may be disclosed:
10        (i) in accordance with the provisions of the Abused and
11    Neglected Child Reporting Act, subsection (u) of Section 5
12    of the Children and Family Services Act, or Section 7.4 of
13    the Child Care Act of 1969;
14        (ii) when, and to the extent, a therapist, in his or
15    her sole discretion, determines that disclosure is
16    necessary to initiate or continue civil commitment or
17    involuntary treatment proceedings under the laws of this
18    State or to otherwise protect the recipient or other person
19    against a clear, imminent risk of serious physical or
20    mental injury or disease or death being inflicted upon the
21    recipient or by the recipient on himself or another;
22        (iii) when, and to the extent disclosure is, in the
23    sole discretion of the therapist, necessary to the



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1    provision of emergency medical care to a recipient who is
2    unable to assert or waive his or her rights hereunder;
3        (iii-a) to any medical practitioner from whom the
4    recipient is seeking medical care, including any primary
5    care physician; however, disclosure shall be limited to
6    pharmaceutical records and communications regarding
7    pharmaceuticals, including records and communications
8    regarding payment for pharmaceuticals;
9        (iv) when disclosure is necessary to collect sums or
10    receive third party payment representing charges for
11    mental health or developmental disabilities services
12    provided by a therapist or agency to a recipient under
13    Chapter V of the Mental Health and Developmental
14    Disabilities Code or to transfer debts under the
15    Uncollected State Claims Act; however, disclosure shall be
16    limited to information needed to pursue collection, and the
17    information so disclosed shall not be used for any other
18    purposes nor shall it be redisclosed except in connection
19    with collection activities;
20        (v) when requested by a family member, the Department
21    of Human Services may assist in the location of the
22    interment site of a deceased recipient who is interred in a
23    cemetery established under Section 26 100-26 of the Mental
24    Health and Developmental Disabilities Administrative Act;
25        (vi) in judicial proceedings under Article VIII of
26    Chapter III and Article V of Chapter IV of the Mental



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1    Health and Developmental Disabilities Code and proceedings
2    and investigations preliminary thereto, to the State's
3    Attorney for the county or residence of a person who is the
4    subject of such proceedings, or in which the person is
5    found, or in which the facility is located, to the attorney
6    representing the recipient in the judicial proceedings, to
7    any person or agency providing mental health services that
8    are the subject of the proceedings and to that person's or
9    agency's attorney, to any court personnel, including but
10    not limited to judges and circuit court clerks, and to a
11    guardian ad litem if one has been appointed by the court,
12    provided that the information so disclosed shall not be
13    utilized for any other purpose nor be redisclosed except in
14    connection with the proceedings or investigations;
15        (vii) when, and to the extent disclosure is necessary
16    to comply with the requirements of the Census Bureau in
17    taking the federal Decennial Census;
18        (viii) when, and to the extent, in the therapist's sole
19    discretion, disclosure is necessary to warn or protect a
20    specific individual against whom a recipient has made a
21    specific threat of violence where there exists a
22    therapist-recipient relationship or a special
23    recipient-individual relationship;
24        (ix) in accordance with the Sex Offender Registration
25    Act;
26        (x) in accordance with the Rights of Crime Victims and



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1    Witnesses Act;
2        (xi) in accordance with Section 6 of the Abused and
3    Neglected Long Term Care Facility Residents Reporting Act;
4    and
5        (xii) in accordance with Section 55 of the Abuse of
6    Adults with Disabilities Intervention Act.
7    Any person, institution, or agency, under this Act,
8participating in good faith in the making of a report under the
9Abused and Neglected Child Reporting Act or in the disclosure
10of records and communications under this Section, shall have
11immunity from any liability, civil, criminal or otherwise, that
12might result by reason of such action. For the purpose of any
13proceeding, civil or criminal, arising out of a report or
14disclosure under this Section, the good faith of any person,
15institution, or agency so reporting or disclosing shall be
17(Source: P.A. 95-331, eff. 8-21-07; 96-466, eff. 8-14-09;
18revised 9-16-10.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.