SB1970sam001 102ND GENERAL ASSEMBLY

Sen. Laura Fine

Filed: 3/23/2021

10200SB1970sam001 LRB102 17209 LNS 24154 a

AMENDMENT TO SENATE BILL 1970

AMENDMENT NO. ______. Amend Senate Bill 1970 by replacing everything after the enacting clause with the following:

"Section 5. The Mental Health and Developmental Disabilities Code is amended by adding Section 2-113.5 as follows:

(405 ILCS 5/2-113.5 new)

Sec. 2-113.5. Receipt of information concerning a recipient. A mental health facility is required to accept information, orally or in writing, from the recipient's family and friends concerning the recipient's treatment for mental illness, including hospitalization history, medications, diagnoses, and behaviors related to the recipient's mental illness.

Section 10. The Mental Health and Developmental Disabilities Confidentiality Act is amended by adding Section 5.5 as follows:

(740 ILCS 110/5.5 new)

Sec. 5.5. Limited access to basic mental health information.

(a) Each of the following individuals is entitled, upon request, to obtain the information listed in this Section pursuant to the procedures set forth in this Section if the individual resides with the recipient or is paying for the recipient's care:

(1) the parent of a recipient;

(2) the adult sibling of a recipient;

(3) the adult child of a recipient;

(4) the spouse of a recipient, if the spouse is residing with the recipient; and

(5) the adult grandchild of the recipient.

(b) An individual listed under subsection (a) is entitled to information under this Section if:

(1) the individual provides to the inpatient mental health facility:

(i) proof of identification; and

(ii) a statement, in writing, that the individual resides with the recipient or is paying for the recipient's care, and the statement includes the individual's name, address, phone number, and relationship to the recipient, a declaration that there is no current or pending order of protection involving both the individual and the recipient, and, if the individual is the spouse of the recipient, a declaration that no action is pending between the individual and the recipient under the Illinois Marriage and Dissolution of Marriage Act; and

(2) the recipient's treating physician determines, in writing, that the recipient is unable or unwilling, due to mental or physical incapacity, to authorize the disclosure under Section 5 and that the disclosure is in the recipient's best interest.

(c) An individual listed under subsection (a) is entitled to access the following information:

(1) whether the recipient is located at the mental health facility;

(2) plans for the discharge of the recipient, including the anticipated date and time of the discharge, if known, the address where the recipient will live, and the plans, if any, for the provision of treatment in the community following discharge, including, but not limited to, medication and the identity of any person or agency that will be providing treatment to the recipient; and

(3) if the mental health facility has filed a petition for inpatient or outpatient commitment under Chapter III of the Mental Health and Developmental Disabilities Code, a copy of the petition.

(d) An individual who has received information under this Section shall not use the information provided by the mental health facility regarding the recipient to the individual's advantage in any legal proceeding or other transaction. The information shall be excluded from evidence in a proceeding and may not be used in any other way, unless it is being used to assert or prove that a person is subject to an involuntary admission on an inpatient or outpatient basis or whether psychotropic medication or electroconvulsive therapy may be administered under the Mental Health and Developmental Disabilities Code or to prove that a person is a person with a disability in need of an adult guardianship proceeding under Article XIa of the Probate Act of 1975.

(e) If access or modification of the information is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient's record.".