Rep. Kathleen A. Ryg
Filed: 4/15/2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5574
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5574 on page 1, line | ||||||
3 | 6 by replacing "Section 9.2" with "Sections 9.2 and 11"; and
| ||||||
4 | on page 1, line 15 by replacing "prisons operated by the | ||||||
5 | Department of Corrections" with " State correctional facilities | ||||||
6 | prisons operated by the Department of Corrections "; and
| ||||||
7 | on page 2, by inserting after line 13 the following:
| ||||||
8 | "(740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| ||||||
9 | Sec. 11. Disclosure of records and communications. Records | ||||||
10 | and
communications may be disclosed:
| ||||||
11 | (i) in accordance with the provisions of the
Abused and | ||||||
12 | Neglected Child Reporting Act, subsection (u) of Section 5 | ||||||
13 | of the Children and Family Services Act, or Section 7.4 of | ||||||
14 | the Child Care Act of 1969;
| ||||||
15 | (ii) when, and to the extent, a
therapist, in his or |
| |||||||
| |||||||
1 | her sole discretion, determines that disclosure is
| ||||||
2 | necessary to initiate or continue civil commitment | ||||||
3 | proceedings under the laws
of this State or to otherwise | ||||||
4 | protect the recipient or other person against a
clear, | ||||||
5 | imminent risk of serious physical or mental injury or | ||||||
6 | disease or death
being inflicted upon the recipient or by | ||||||
7 | the recipient on himself or another;
| ||||||
8 | (iii) when, and to the extent disclosure is, in the | ||||||
9 | sole discretion of the
therapist, necessary to the | ||||||
10 | provision of emergency medical care to a recipient
who is | ||||||
11 | unable to assert or waive his or her rights hereunder;
| ||||||
12 | (iii-a) to any medical practitioner from whom the | ||||||
13 | patient is seeking medical care, including any primary care | ||||||
14 | physician;
| ||||||
15 | (iv) when
disclosure is necessary to collect sums or | ||||||
16 | receive third
party payment representing charges for | ||||||
17 | mental health or developmental
disabilities services | ||||||
18 | provided by a therapist or agency to a recipient
under | ||||||
19 | Chapter V of the Mental Health and Developmental | ||||||
20 | Disabilities Code or to
transfer debts under the | ||||||
21 | Uncollected State Claims Act; however, disclosure
shall be | ||||||
22 | limited to information needed to pursue collection, and the
| ||||||
23 | information so disclosed shall not be used for any other | ||||||
24 | purposes nor shall it
be redisclosed except in connection | ||||||
25 | with collection activities;
| ||||||
26 | (v) when
requested by a family member, the Department |
| |||||||
| |||||||
1 | of Human Services may assist in
the location of the | ||||||
2 | interment site of a deceased recipient who is interred in a
| ||||||
3 | cemetery established under Section 100-26 of the Mental | ||||||
4 | Health and
Developmental Disabilities Administrative Act;
| ||||||
5 | (vi) in judicial proceedings
under Article VIII of | ||||||
6 | Chapter III and Article V of Chapter IV of the Mental
| ||||||
7 | Health and Developmental Disabilities Code and proceedings | ||||||
8 | and investigations
preliminary thereto, to the State's | ||||||
9 | Attorney for the county or residence of a
person who is the | ||||||
10 | subject of such proceedings, or in which the person is | ||||||
11 | found,
or in which the facility is located, to the attorney | ||||||
12 | representing the recipient
in the judicial proceedings, to | ||||||
13 | any person or agency providing mental health
services that | ||||||
14 | are the subject of the proceedings and to that person's or
| ||||||
15 | agency's attorney, to any court personnel, including but | ||||||
16 | not limited to judges
and circuit court clerks, and to a | ||||||
17 | guardian ad litem if one has been appointed
by the court, | ||||||
18 | provided that the information so disclosed shall not be | ||||||
19 | utilized
for any other purpose nor be redisclosed except in | ||||||
20 | connection with the
proceedings or investigations;
| ||||||
21 | (vii) when, and to the extent disclosure is
necessary | ||||||
22 | to comply with the requirements of the Census Bureau in | ||||||
23 | taking the
federal Decennial Census;
| ||||||
24 | (viii) when, and to the extent, in the
therapist's sole | ||||||
25 | discretion, disclosure is necessary to warn or protect a
| ||||||
26 | specific individual against whom a recipient has made a |
| |||||||
| |||||||
1 | specific threat of
violence where there exists a | ||||||
2 | therapist-recipient relationship or a special
| ||||||
3 | recipient-individual relationship;
| ||||||
4 | (ix) in accordance with the Sex Offender
Registration | ||||||
5 | Act;
| ||||||
6 | (x) in accordance with the Rights of Crime Victims and
| ||||||
7 | Witnesses Act; | ||||||
8 | (xi) in accordance with Section 6 of the Abused and | ||||||
9 | Neglected Long Term Care Facility Residents Reporting Act; | ||||||
10 | and | ||||||
11 | (xii) in accordance with Section 55 of the Abuse of | ||||||
12 | Adults with Disabilities Intervention Act.
| ||||||
13 | Any person, institution, or agency, under
this Act, | ||||||
14 | participating in good faith in the making of a report under the
| ||||||
15 | Abused and Neglected Child Reporting Act or in the disclosure | ||||||
16 | of records and
communications under this Section, shall have | ||||||
17 | immunity from any liability,
civil, criminal or otherwise, that | ||||||
18 | might result by reason of such action. For
the purpose of any | ||||||
19 | proceeding, civil or criminal, arising out of a report or
| ||||||
20 | disclosure under this Section, the good faith of any person, | ||||||
21 | institution, or
agency so reporting or disclosing shall be | ||||||
22 | presumed.
| ||||||
23 | (Source: P.A. 94-852, eff. 6-13-06; 94-1010, eff. 10-1-06; | ||||||
24 | 95-331, eff. 8-21-07.)".
|