HB3599enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB3599 EnrolledLRB099 10237 SXM 30463 b

1    AN ACT concerning education.
 
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
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
16institution of higher learning, provide that student the
17opportunity to authorize in writing the disclosure of certain
18private mental health information to a designated person.
19    (b) The institution may disclose the student's mental
20information if a physician, clinical psychologist, or
21qualified examiner who is employed by the institution of higher
22learning makes a determination that the student poses a clear

 

 

HB3599 Enrolled- 2 -LRB099 10237 SXM 30463 b

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