HB3977 102ND GENERAL ASSEMBLY

LRB102 15075 RLC 20430 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3977

Introduced 3/4/2021, by Rep. Lindsey LaPointe - Dave Vella and Frances Ann Hurley

SYNOPSIS AS INTRODUCED:

New Act

Creates the First Responders Behavioral Healthcare Bill of Rights Act. Provides that first responders have certain specified statutory rights in seeking behavioral health services and treatment. Provides that the rights guaranteed to first responders in these provisions are judicially enforceable. Provides that an aggrieved employee may, under the Civil Practice Law, bring an action for damages, attorney's fee, or injunctive relief against an employer for violating these rights. Defines various terms.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the First Responders Behavioral Healthcare Bill of Rights Act.

Section 5. Purposes. The General Assembly recognizes the difficult nature of the job of first responder, including trauma endured by first responders in the performance of their duties. It is the intent of the General Assembly to ensure that first responders, including police, firefighters, and emergency medical technicians across this State have full access to supportive and responsive behavioral health services and treatment. The General Assembly recognizes that these services should be responsive to the individual's needs and must be kept confidential. The General Assembly recognizes that the administration and provision of these services both recognize and reduce the historical barrier of stigma and a lack of confidentiality that first responders face when attempting to access behavioral health services and treatment.

Section 10. Definitions. In this Act:

"Behavioral health" or "behavioral healthcare" means both mental health, substance use disorder, or both, co-occurring together.

"Employee" means a first responder employed by a unit of State or local government or school district or by a public or private hospital or ambulance service.

"Employer" means the State, a unit of local government, a school district, or a public or private hospital or ambulance service that employs first responders.

"First responder" means a law enforcement officer or fireman as defined in Section 2 of the Line of Duty Compensation Act or an "emergency medical technician (EMT)" as defined in Section 3.50 of the Emergency Medical Services (EMS) Systems Act.

"Substance use disorder" has the meaning ascribed to it in Section 1-10 of the Substance Use Disorder Act.

Section 15. First responders rights to behavioral healthcare.

(a) First responders have the following rights:

(1) The right of full access to behavioral health services and treatment that are responsive to the needs of the individual and the professions of police and firefighter.

(2) The right to seek, or access if required or requested, services and treatment for behavioral health needs without fear of repercussions by his or her employer or supervisor and without fear of reprisal.

(3) The right, in the course of seeking services and treatment for behavioral health, that all records, notes, and conclusions by the treatment provider shall not be shared with an employer unless otherwise mandated by law. The right guaranteed by this paragraph (3) may be waived by the employee.

(4) The right of first responder employees not to be compelled by their employer under the threat of discipline to release any records related to behavioral health.

(5) The right to have behavioral health records not be used in any disciplinary or other proceeding against an employee.

(6) The right of employees to seek treatment in any geographic area without restrictions or limitations imposed by the employer.

(7) The right to have behavioral health services and treatment in a manner that reduces stigma and barriers to those services and treatment.

(b) The rights guaranteed to first responders in subsection (a) are judicially enforceable. An aggrieved employee may, under the Civil Practice Law, bring an action for damages, attorney's fee, or injunctive relief against an employer for violating subsection (a).