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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 the parent's
19child of a health care service under this Section shall be
20entitled, upon request, to inspect and copy the part of that
21child's records related to the specific health care service
22for which the parent is treated as the child's personal
23representative under HIPAA, 45 CFR 164.502(g). For purposes of



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1this Section, each appointment, referral, test, treatment,
2procedure, or other medical intervention is a separate and
3distinct health care service for the purpose of determining
4whether a parent is treated as the child's personal
5representative under HIPAA, 45 CFR 164.502(g), with respect to
6that health care service.
7(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
8100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
9    Section 10. The Mental Health and Developmental
10Disabilities Confidentiality Act is amended by changing
11Section 4 as follows:
12    (740 ILCS 110/4)  (from Ch. 91 1/2, par. 804)
13    Sec. 4. (a) The following persons shall be entitled, upon
14request, to inspect and copy a recipient's record or any part
16        (1) the parent or guardian of a recipient who is under
17    12 years of age;
18        (2) the recipient if he is 12 years of age or older;
19        (3) the parent or guardian of a recipient who is at
20    least 12 but under 18 years, if the recipient is informed
21    and does not object or if the therapist does not find that
22    there are compelling reasons for denying the access. The
23    parent or guardian who is denied access by either the
24    recipient or the therapist may petition a court for access



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1    to the record. Nothing in this paragraph is intended to
2    prohibit the parent or guardian of a recipient who is at
3    least 12 but under 18 years from requesting and receiving
4    the following information: current physical and mental
5    condition, diagnosis, treatment needs, services provided,
6    and services needed, including medication, if any;
7        (3.5) the personal representative under HIPAA, 45 CFR
8    164.502(g), of a recipient, regardless of the age of the
9    recipient;
10        (4) the guardian of a recipient who is 18 years or
11    older;
12        (5) an attorney or guardian ad litem who represents a
13    minor 12 years of age or older in any judicial or
14    administrative proceeding, provided that the court or
15    administrative hearing officer has entered an order
16    granting the attorney this right;
17        (6) an agent appointed under a recipient's power of
18    attorney for health care or for property, when the power
19    of attorney authorizes the access;
20        (7) an attorney-in-fact appointed under the Mental
21    Health Treatment Preference Declaration Act; or
22        (8) any person in whose care and custody the recipient
23    has been placed pursuant to Section 3-811 of the Mental
24    Health and Developmental Disabilities Code.
25    (b) Assistance in interpreting the record may be provided
26without charge and shall be provided if the person inspecting



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1the record is under 18 years of age. However, access may in no
2way be denied or limited if the person inspecting the record
3refuses the assistance. A reasonable fee may be charged for
4duplication of a record. However, when requested to do so in
5writing by any indigent recipient, the custodian of the
6records shall provide at no charge to the recipient, or to the
7Guardianship and Advocacy Commission, the agency designated by
8the Governor under Section 1 of the Protection and Advocacy
9for Persons with Developmental Disabilities Act or to any
10other not-for-profit agency whose primary purpose is to
11provide free legal services or advocacy for the indigent and
12who has received written authorization from the recipient
13under Section 5 of this Act to receive his records, one copy of
14any records in its possession whose disclosure is authorized
15under this Act.
16    (c) Any person entitled to access to a record under this
17Section may submit a written statement concerning any disputed
18or new information, which statement shall be entered into the
19record. Whenever any disputed part of a record is disclosed,
20any submitted statement relating thereto shall accompany the
21disclosed part. Additionally, any person entitled to access
22may request modification of any part of the record which he
23believes is incorrect or misleading. If the request is
24refused, the person may seek a court order to compel
26    (d) Whenever access or modification is requested, the



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1request and any action taken thereon shall be noted in the
2recipient's record.
3(Source: P.A. 99-143, eff. 7-27-15.)