Bill Text: IL SB3812 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Mental Health and Developmental Disabilities Confidentiality Act. Removes language permitting disclosure of a record or communication without consent to an advocate consulted by a therapist or agency which provides services concerning the therapist's or agency's legal rights or duties in relation to the recipient and the services being provided. Provides that a notation of the information disclosed and the purpose of such disclosure or use is not required to be noted in the recipient's record in the case of a disclosure to an attorney consulted by a therapist or agency which provides services concerning the therapist's or agency's legal rights or duties in relation to the recipient and the services being provided.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB3812 Detail]
Download: Illinois-2019-SB3812-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Mental Health and Developmental | |||||||||||||||||||||
5 | Disabilities Confidentiality Act is amended by changing | |||||||||||||||||||||
6 | Sections 9 and 13 as follows:
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7 | (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
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8 | Sec. 9.
In the course of providing services and after the | |||||||||||||||||||||
9 | conclusion of the
provision of services, including for the | |||||||||||||||||||||
10 | purposes of treatment and care coordination, a therapist, | |||||||||||||||||||||
11 | integrated health system, or member of an interdisciplinary | |||||||||||||||||||||
12 | team may use, disclose, or re-disclose a record or | |||||||||||||||||||||
13 | communications
without consent to:
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14 | (1) the therapist's supervisor, a consulting | |||||||||||||||||||||
15 | therapist, members of a
staff team participating in the | |||||||||||||||||||||
16 | provision of services, a record custodian, a business | |||||||||||||||||||||
17 | associate, an integrated health system, a member of an | |||||||||||||||||||||
18 | interdisciplinary team,
or a person acting under the | |||||||||||||||||||||
19 | supervision and control of the therapist;
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20 | (2) persons conducting a peer review of the services | |||||||||||||||||||||
21 | being provided;
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22 | (3) the Institute for Juvenile Research and the | |||||||||||||||||||||
23 | Institute for the
Study of Developmental Disabilities;
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1 | (4) an attorney or advocate consulted by a therapist or | ||||||
2 | agency which
provides services concerning the therapist's | ||||||
3 | or agency's legal rights or
duties in relation to the | ||||||
4 | recipient and the services being provided; and
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5 | (5) the Inspector General of the Department of Children | ||||||
6 | and Family
Services when such records or communications are | ||||||
7 | relevant to a pending
investigation authorized by Section | ||||||
8 | 35.5 of the Children and Family Services
Act where:
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9 | (A) the recipient was either (i) a parent, foster | ||||||
10 | parent, or caretaker
who is an alleged perpetrator of | ||||||
11 | abuse or neglect or the subject of a
dependency | ||||||
12 | investigation or (ii) a victim of alleged abuse or | ||||||
13 | neglect who was not a youth in care as defined in | ||||||
14 | Section 4d of the Children and Family Services Act, and
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15 | (B) available information demonstrates that the | ||||||
16 | mental health of the
recipient was or should have been | ||||||
17 | an issue to the safety of the child.
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18 | In the course of providing services, a therapist, | ||||||
19 | integrated health system, or member of an interdisciplinary | ||||||
20 | team may disclose a record or
communications without consent to | ||||||
21 | any department, agency, institution or
facility which has | ||||||
22 | custody of the recipient pursuant to State statute or any
court | ||||||
23 | order of commitment.
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24 | Information may be disclosed under this Section only to the | ||||||
25 | extent that
knowledge of the record or communications is | ||||||
26 | essential to the purpose for
which disclosure is made and only |
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1 | after the recipient is informed that such
disclosure may be | ||||||
2 | made. A person to whom disclosure is made under this
Section | ||||||
3 | shall not redisclose any information except as provided in this | ||||||
4 | Act.
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5 | (Source: P.A. 100-159, eff. 8-18-17.)
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6 | (740 ILCS 110/13) (from Ch. 91 1/2, par. 813)
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7 | Sec. 13.
Whenever disclosure of a record or communication | ||||||
8 | is made without
consent pursuant to this Act, other than uses, | ||||||
9 | disclosures, or redisclosures permitted under paragraph (4) of | ||||||
10 | Section 9 and Sections 9.5, 9.8, 9.9, 9.10, and 9.11 of this | ||||||
11 | Act, or other than uses, disclosures, or redisclosures | ||||||
12 | permitted under Sections 9, 9.2, and 9.4 of this Act effected | ||||||
13 | by electronic transmission, or whenever a record is used | ||||||
14 | pursuant to Sections
7 and 8 of this Act, a notation of the | ||||||
15 | information disclosed and the purpose
of such disclosure or use | ||||||
16 | shall be noted in the recipient's record together
with the date | ||||||
17 | and the name of the person to whom disclosure was made or
by | ||||||
18 | whom the record was used.
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19 | (Source: P.A. 98-378, eff. 8-16-13.)
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