SB0188 EngrossedLRB103 02849 LNS 47855 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Consent by Minors to Health Care Services
5Act is amended by changing Section 2 as follows:
6    (410 ILCS 210/2)  (from Ch. 111, par. 4502)
7    Sec. 2. Any parent, including a parent who is a minor, may
8consent to the performance upon his or her child of a health
9care service by a physician licensed to practice medicine in
10all its branches, a chiropractic physician, a licensed
11optometrist, a licensed advanced practice registered nurse, or
12a licensed physician assistant or a dental procedure by a
13licensed dentist. The consent of a parent who is a minor shall
14not be voidable because of such minority, but, for such
15purpose, a parent who is a minor shall be deemed to have the
16same legal capacity to act and shall have the same powers and
17obligations as has a person of legal age.
18    A parent who consents to the performance upon his or her
19child of a health care service under this Section shall be
20entitled, upon request, to inspect and copy the child's
21records or any part thereof related to a health care service
22for which the parent is treated as the child's personal
23representative under HIPAA, 45 CFR 164.502(g).



SB0188 Engrossed- 2 -LRB103 02849 LNS 47855 b

1(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
2100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
3    Section 10. The Mental Health and Developmental
4Disabilities Confidentiality Act is amended by changing
5Section 4 as follows:
6    (740 ILCS 110/4)  (from Ch. 91 1/2, par. 804)
7    Sec. 4. (a) The following persons shall be entitled, upon
8request, to inspect and copy a recipient's record or any part
10        (1) the parent or guardian of a recipient who is under
11    12 years of age;
12        (2) the recipient if he is 12 years of age or older;
13        (3) the parent or guardian of a recipient who is at
14    least 12 but under 18 years, if the recipient is informed
15    and does not object or if the therapist does not find that
16    there are compelling reasons for denying the access. The
17    parent or guardian who is denied access by either the
18    recipient or the therapist may petition a court for access
19    to the record. Nothing in this paragraph is intended to
20    prohibit the parent or guardian of a recipient who is at
21    least 12 but under 18 years from requesting and receiving
22    the following information: current physical and mental
23    condition, diagnosis, treatment needs, services provided,
24    and services needed, including medication, if any;



SB0188 Engrossed- 3 -LRB103 02849 LNS 47855 b

1        (3.5) the personal representative under HIPAA, 45 CFR
2    164.502(g), of a recipient, regardless of the age of the
3    recipient;
4        (4) the guardian of a recipient who is 18 years or
5    older;
6        (5) an attorney or guardian ad litem who represents a
7    minor 12 years of age or older in any judicial or
8    administrative proceeding, provided that the court or
9    administrative hearing officer has entered an order
10    granting the attorney this right;
11        (6) an agent appointed under a recipient's power of
12    attorney for health care or for property, when the power
13    of attorney authorizes the access;
14        (7) an attorney-in-fact appointed under the Mental
15    Health Treatment Preference Declaration Act; or
16        (8) any person in whose care and custody the recipient
17    has been placed pursuant to Section 3-811 of the Mental
18    Health and Developmental Disabilities Code.
19    (b) Assistance in interpreting the record may be provided
20without charge and shall be provided if the person inspecting
21the record is under 18 years of age. However, access may in no
22way be denied or limited if the person inspecting the record
23refuses the assistance. A reasonable fee may be charged for
24duplication of a record. However, when requested to do so in
25writing by any indigent recipient, the custodian of the
26records shall provide at no charge to the recipient, or to the



SB0188 Engrossed- 4 -LRB103 02849 LNS 47855 b

1Guardianship and Advocacy Commission, the agency designated by
2the Governor under Section 1 of the Protection and Advocacy
3for Persons with Developmental Disabilities Act or to any
4other not-for-profit agency whose primary purpose is to
5provide free legal services or advocacy for the indigent and
6who has received written authorization from the recipient
7under Section 5 of this Act to receive his records, one copy of
8any records in its possession whose disclosure is authorized
9under this Act.
10    (c) Any person entitled to access to a record under this
11Section may submit a written statement concerning any disputed
12or new information, which statement shall be entered into the
13record. Whenever any disputed part of a record is disclosed,
14any submitted statement relating thereto shall accompany the
15disclosed part. Additionally, any person entitled to access
16may request modification of any part of the record which he
17believes is incorrect or misleading. If the request is
18refused, the person may seek a court order to compel
20    (d) Whenever access or modification is requested, the
21request and any action taken thereon shall be noted in the
22recipient's record.
23(Source: P.A. 99-143, eff. 7-27-15.)