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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
92_SB2022enr SB2022 Enrolled LRB9215724RCcd 1 AN ACT concerning mental health and developmental 2 disabilities confidentiality. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Mental Health and Developmental 6 Disabilities Confidentiality Act is amended by changing 7 Section 12 as follows: 8 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812) 9 Sec. 12. (a) If the United States Secret Service or the 10 Department of State Police requests information from a mental 11 health or developmental disability facility, as defined in 12 Section 1-107 and 1-114 of the Mental Health and 13 Developmental Disabilities Code, relating to a specific 14 recipient and the facility director determines that 15 disclosure of such information may be necessary to protect 16 the life of, or to prevent the infliction of great bodily 17 harm to, a public official, or a person under the protection 18 of the United States Secret Service, only the following 19 information may be disclosed: the recipient's name, address, 20 and age and the date of any admission to or discharge from a 21 facility; and any information which would indicate whether or 22 not the recipient has a history of violence or presents a 23 danger of violence to the person under protection. Any 24 information so disclosed shall be used for investigative 25 purposes only and shall not be publicly disseminated. Any 26 person participating in good faith in the disclosure of such 27 information in accordance with this provision shall have 28 immunity from any liability, civil, criminal or otherwise, if 29 such information is disclosed relying upon the representation 30 of an officer of the United States Secret Service or the 31 Department of State Police that a person is under the SB2022 Enrolled -2- LRB9215724RCcd 1 protection of the United States Secret Service or is a public 2 official. 3 For the purpose of this subsection (a), the term "public 4 official" means the Governor, Lieutenant Governor, Attorney 5 General, Secretary of State, State Comptroller, State 6 Treasurer or member of the General Assembly. The term shall 7 also include the spouse, child or children of a public 8 official. 9 (b) The Department of Human Services (acting as 10 successor to the Department of Mental Health and 11 Developmental Disabilities) and all private hospitals are 12 required, as hereafter described in this subsection, to 13 furnish the Department of State Police only such information 14 as may be required for the sole purpose of determining 15 whether an individual who may be or may have been a patient 16 is disqualified because of that status from receiving or 17 retaining a Firearm Owner's Identification Card under 18 subsection (e) of Section 8 of the Firearm Owners 19 Identification Card Act. All private hospitals shall, in the 20 form and manner required by the Department, provide such 21 information as shall be necessary for the Department to 22 comply with the reporting requirements to the Department of 23 State Police. Such information shall be furnished within 30 24 days after admission to a private hospital. Any such 25 information disclosed under this subsection shall remain 26 privileged and confidential, and shall not be redisclosed nor 27 utilized for any other purpose. The method of requiring the 28 providing of such information shall guarantee that no 29 information is released beyond what is necessary for this 30 purpose. In addition, the information disclosed shall be 31 provided by the Department within the time period established 32 by Section 24-3 of the Criminal Code of 1961 regarding the 33 delivery of firearms. The method used shall be sufficient to 34 provide the necessary information within the prescribed time SB2022 Enrolled -3- LRB9215724RCcd 1 period, which may include periodically providing lists to the 2 Department of Human Services or any private hospital of 3 Firearm Owner's Identification Card applicants on which the 4 Department or hospital shall indicate the identities of those 5 individuals who are to its knowledge disqualified from having 6 a Firearm Owner's Identification Card for reasons described 7 herein. The Department may provide for a centralized source 8 of information for the State on this subject under its 9 jurisdiction. 10 Any person, institution, or agency, under this Act, 11 participating in good faith in the reporting or disclosure of 12 records and communications otherwise in accordance with this 13 provision or with rules, regulations or guidelines issued by 14 the Department shall have immunity from any liability, civil, 15 criminal or otherwise, that might result by reason of the 16 action. For the purpose of any proceeding, civil or 17 criminal, arising out of a report or disclosure in accordance 18 with this provision, the good faith of any person, 19 institution, or agency so reporting or disclosing shall be 20 presumed. The full extent of the immunity provided in this 21 subsection (b) shall apply to any person, institution or 22 agency that fails to make a report or disclosure in the good 23 faith belief that the report or disclosure would violate 24 federal regulations governing the confidentiality of alcohol 25 and drug abuse patient records implementing 42 U.S.C. 290dd-3 26 and 290ee-3. 27 For purposes of this subsection (b) only, the following 28 terms shall have the meaning prescribed: 29 (1) "Hospital" means only that type of institution 30 which is providing full-time residential facilities and 31 treatment for in-patients and excludes institutions, such 32 as community clinics, which only provide treatment to 33 out-patients. 34 (2) "Patient" shall mean only a person who is an SB2022 Enrolled -4- LRB9215724RCcd 1 in-patient or resident of any hospital, not an 2 out-patient or client seen solely for periodic 3 consultation. 4 (c) Upon the request of a peace officer who takes a 5 person into custody and transports such person to a mental 6 health or developmental disability facility pursuant to 7 Section 3-606 or 4-404 of the Mental Health and Developmental 8 Disabilities Code or who transports a person from such 9 facility, a facility director shall furnish said peace 10 officer the name, address, age and name of the nearest 11 relative of the person transported to or from the mental 12 health or developmental disability facility. In no case 13 shall the facility director disclose to the peace officer any 14 information relating to the diagnosis, treatment or 15 evaluation of the person's mental or physical health. 16 For the purposes of this subsection (c), the terms 17 "mental health or developmental disability facility", "peace 18 officer" and "facility director" shall have the meanings 19 ascribed to them in the Mental Health and Developmental 20 Disabilities Code. 21 (d) Upon the request of a peace officer or prosecuting 22 authority who is conducting a bona fide investigation of a 23 criminal offense, or attempting to apprehend a fugitive from 24 justice, a facility director may disclose whether a person is 25 present at the facility. Upon request of a peace officer or 26 prosecuting authority who has a valid forcible felony warrant 27 issued, a facility director shall disclose: (1) whether the 28 person who is the subject of the warrant is present at the 29 facility and (2) the date of that person's discharge or 30 future discharge from the facility. The requesting peace 31 officer or prosecuting authority must furnish a case number 32 and the purpose of the investigation or an outstanding arrest 33 warrant at the time of the request. Any person, institution, 34 or agency participating in good faith in disclosing such SB2022 Enrolled -5- LRB9215724RCcd 1 information in accordance with this subsection (d) is immune 2 from any liability, civil, criminal or otherwise, that might 3 result by reason of the action. 4 (Source: P.A. 89-507, eff. 7-1-97; 90-423, eff. 8-15-97.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.