Rep. Kathleen A. Ryg
Filed: 4/22/2008
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1 | AMENDMENT TO HOUSE BILL 5574
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2 | AMENDMENT NO. ______. Amend House Bill 5574, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Mental Health and Developmental | ||||||
6 | Disabilities Code is amended by changing Sections 1-104.5 and | ||||||
7 | 3-703 as follows: | ||||||
8 | (405 ILCS 5/1-104.5) | ||||||
9 | (This Section may contain text from a Public Act with a | ||||||
10 | delayed effective date )
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11 | Sec. 1-104.5. "Dangerous conduct" means threatening | ||||||
12 | behavior or conduct that places the person or another | ||||||
13 | individual in reasonable expectation of being harmed, or a | ||||||
14 | person's inability to provide, without the assistance of family | ||||||
15 | or outside help, for his or her basic physical needs so as to | ||||||
16 | guard himself or herself from serious harm.
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1 | Notwithstanding any other rulemaking authority that may | ||||||
2 | exist, neither the Governor nor any agency or agency head under | ||||||
3 | the jurisdiction of the Governor has any authority to make or | ||||||
4 | promulgate rules to implement or enforce the provisions of this | ||||||
5 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
6 | Governor believes that rules are necessary to implement or | ||||||
7 | enforce the provisions of this amendatory Act of the 95th | ||||||
8 | General Assembly, the Governor may suggest rules to the General | ||||||
9 | Assembly by filing them with the Clerk of the House and | ||||||
10 | Secretary of the Senate and by requesting that the General | ||||||
11 | Assembly authorize such rulemaking by law, enact those | ||||||
12 | suggested rules into law, or take any other appropriate action | ||||||
13 | in the General Assembly's discretion. Nothing contained in this | ||||||
14 | amendatory Act of the 95th General Assembly shall be | ||||||
15 | interpreted to grant rulemaking authority under any other | ||||||
16 | Illinois statute where such authority is not otherwise | ||||||
17 | explicitly given. For the purposes of this amendatory Act of | ||||||
18 | the 95th General Assembly, "rules" is given the meaning | ||||||
19 | contained in Section 1-70 of the Illinois Administrative | ||||||
20 | Procedure Act, and "agency" and "agency head" are given the | ||||||
21 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
22 | Administrative Procedure Act to the extent that such | ||||||
23 | definitions apply to agencies or agency heads under the | ||||||
24 | jurisdiction of the Governor. | ||||||
25 | (Source: P.A. 95-602, eff. 6-1-08.)
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1 | (405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)
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2 | Sec. 3-703. If no certificate was filed, the respondent | ||||||
3 | shall be examined
separately by a physician, or clinical | ||||||
4 | psychologist, or qualified examiner
and by a psychiatrist. If a | ||||||
5 | certificate executed by a psychiatrist was
filed, the | ||||||
6 | respondent shall be examined by a physician, clinical | ||||||
7 | psychologist,
qualified examiner, or psychiatrist. If a | ||||||
8 | certificate executed by a qualified
examiner, clinical | ||||||
9 | psychologist, or a physician who is not a psychiatrist
was | ||||||
10 | filed, the respondent shall be examined by a psychiatrist. The
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11 | examining physician, clinical psychologist, qualified examiner | ||||||
12 | or
psychiatrist may interview by telephone or in person any | ||||||
13 | witnesses or other
persons listed in the petition for | ||||||
14 | involuntary admission. If, as a
result of an examination, a | ||||||
15 | certificate is executed, the certificate shall
be promptly | ||||||
16 | filed with the court. If a certificate is executed, the
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17 | examining physician, clinical psychologist, qualified examiner | ||||||
18 | or
psychiatrist may also submit for filing with the court a | ||||||
19 | report in which
his findings are described in detail, and may | ||||||
20 | rely upon such findings for
his opinion that the respondent is | ||||||
21 | subject to involuntary admission.
Copies of the certificates | ||||||
22 | shall be made available to the attorneys for the
parties upon | ||||||
23 | request prior to the hearing. A certificate prepared in | ||||||
24 | compliance with this Article shall state whether or not the | ||||||
25 | respondent is in need of immediate hospitalization. However, if | ||||||
26 | both of the certificates state that the respondent is not in |
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1 | need of immediate hospitalization, the respondent may remain in | ||||||
2 | his or her place of residence absent imminent danger pending a | ||||||
3 | hearing on the petition unless he or she voluntarily agrees to | ||||||
4 | inpatient treatment.
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5 | Notwithstanding any other rulemaking authority that may | ||||||
6 | exist, neither the Governor nor any agency or agency head under | ||||||
7 | the jurisdiction of the Governor has any authority to make or | ||||||
8 | promulgate rules to implement or enforce the provisions of this | ||||||
9 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
10 | Governor believes that rules are necessary to implement or | ||||||
11 | enforce the provisions of this amendatory Act of the 95th | ||||||
12 | General Assembly, the Governor may suggest rules to the General | ||||||
13 | Assembly by filing them with the Clerk of the House and | ||||||
14 | Secretary of the Senate and by requesting that the General | ||||||
15 | Assembly authorize such rulemaking by law, enact those | ||||||
16 | suggested rules into law, or take any other appropriate action | ||||||
17 | in the General Assembly's discretion. Nothing contained in this | ||||||
18 | amendatory Act of the 95th General Assembly shall be | ||||||
19 | interpreted to grant rulemaking authority under any other | ||||||
20 | Illinois statute where such authority is not otherwise | ||||||
21 | explicitly given. For the purposes of this amendatory Act of | ||||||
22 | the 95th General Assembly, "rules" is given the meaning | ||||||
23 | contained in Section 1-70 of the Illinois Administrative | ||||||
24 | Procedure Act, and "agency" and "agency head" are given the | ||||||
25 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
26 | Administrative Procedure Act to the extent that such |
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1 | definitions apply to agencies or agency heads under the | ||||||
2 | jurisdiction of the Governor. | ||||||
3 | (Source: P.A. 85-558.)
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4 | Section 10. The Mental Health and Developmental | ||||||
5 | Disabilities Confidentiality Act is amended by changing | ||||||
6 | Sections 4, 9.2, and 11 as follows:
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7 | (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
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8 | Sec. 4. (a) The following persons shall be entitled, upon | ||||||
9 | request,
to inspect and copy a recipient's record or any part | ||||||
10 | thereof:
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11 | (1) the parent or guardian of a recipient who is under | ||||||
12 | 12 years of age;
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13 | (2) the recipient if he is 12 years of age or older;
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14 | (3) the parent or guardian of a recipient who is at | ||||||
15 | least 12 but under
18 years, if the recipient is informed | ||||||
16 | and does not object or if the therapist
does not find that | ||||||
17 | there are compelling reasons for denying the access.
The | ||||||
18 | parent or guardian who is denied access by either the | ||||||
19 | recipient or the
therapist may petition a court for access | ||||||
20 | to the record. Nothing in this
paragraph is intended to | ||||||
21 | prohibit the parent or guardian of a recipient who is
at | ||||||
22 | least 12 but under 18 years from requesting and receiving | ||||||
23 | the following
information: current physical and mental | ||||||
24 | condition, diagnosis, treatment needs,
services provided, |
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1 | and services needed, including medication, if any;
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2 | (4) the guardian of a recipient who is 18 years or | ||||||
3 | older;
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4 | (5) an attorney or guardian ad litem who represents a | ||||||
5 | minor 12
years of age or older in any judicial or | ||||||
6 | administrative proceeding,
provided that the court or | ||||||
7 | administrative hearing officer has entered an
order | ||||||
8 | granting the attorney this right; or
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9 | (6) an agent appointed under a recipient's power of | ||||||
10 | attorney for health
care or for property, when the power of | ||||||
11 | attorney authorizes the access ; or .
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12 | (7) an attorney-in-fact appointed under the Mental | ||||||
13 | Health Treatment Preference Declaration Act. | ||||||
14 | (b) Assistance in interpreting the record may be provided | ||||||
15 | without charge
and shall be provided if the person inspecting | ||||||
16 | the record is under 18 years
of age. However, access may in no | ||||||
17 | way be denied or limited if the person
inspecting the record | ||||||
18 | refuses the assistance. A reasonable fee may be
charged for | ||||||
19 | duplication of a record. However, when requested to do so in
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20 | writing by any indigent recipient, the custodian of the records | ||||||
21 | shall
provide at no charge to the recipient, or to the | ||||||
22 | Guardianship and Advocacy
Commission, the agency designated by | ||||||
23 | the Governor under Section 1 of the
Protection and Advocacy for | ||||||
24 | Developmentally Disabled Persons Act or to any
other | ||||||
25 | not-for-profit agency whose primary purpose is to provide free | ||||||
26 | legal
services or advocacy for the indigent and who has |
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1 | received written
authorization from the recipient under | ||||||
2 | Section 5 of this Act to receive his
records, one copy of any | ||||||
3 | records in its possession whose disclosure is
authorized under | ||||||
4 | this Act.
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5 | (c) Any person entitled to access to a record under this | ||||||
6 | Section may submit
a written statement concerning any disputed | ||||||
7 | or new information, which statement
shall be entered into the | ||||||
8 | record. Whenever any disputed part of a record
is disclosed, | ||||||
9 | any submitted statement relating thereto shall accompany the
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10 | disclosed part. Additionally, any person entitled to access may | ||||||
11 | request
modification of any part of the record which he | ||||||
12 | believes is incorrect or
misleading. If the request is refused, | ||||||
13 | the person may seek a court order
to compel modification.
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14 | (d) Whenever access or modification is requested, the | ||||||
15 | request and any
action taken thereon shall be noted in the | ||||||
16 | recipient's record.
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17 | (e) Notwithstanding any other rulemaking authority that | ||||||
18 | may exist, neither the Governor nor any agency or agency head | ||||||
19 | under the jurisdiction of the Governor has any authority to | ||||||
20 | make or promulgate rules to implement or enforce the provisions | ||||||
21 | of this amendatory Act of the 95th General Assembly. If, | ||||||
22 | however, the Governor believes that rules are necessary to | ||||||
23 | implement or enforce the provisions of this amendatory Act of | ||||||
24 | the 95th General Assembly, the Governor may suggest rules to | ||||||
25 | the General Assembly by filing them with the Clerk of the House | ||||||
26 | and Secretary of the Senate and by requesting that the General |
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1 | Assembly authorize such rulemaking by law, enact those | ||||||
2 | suggested rules into law, or take any other appropriate action | ||||||
3 | in the General Assembly's discretion. Nothing contained in this | ||||||
4 | amendatory Act of the 95th General Assembly shall be | ||||||
5 | interpreted to grant rulemaking authority under any other | ||||||
6 | Illinois statute where such authority is not otherwise | ||||||
7 | explicitly given. For the purposes of this amendatory Act of | ||||||
8 | the 95th General Assembly, "rules" is given the meaning | ||||||
9 | contained in Section 1-70 of the Illinois Administrative | ||||||
10 | Procedure Act, and "agency" and "agency head" are given the | ||||||
11 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
12 | Administrative Procedure Act to the extent that such | ||||||
13 | definitions apply to agencies or agency heads under the | ||||||
14 | jurisdiction of the Governor. | ||||||
15 | (Source: P.A. 88-484; 89-439, eff. 6-1-96 .)
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16 | (740 ILCS 110/9.2)
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17 | Sec. 9.2. Interagency disclosure of recipient information. | ||||||
18 | For the
purposes of continuity of care, the Department of Human | ||||||
19 | Services (as
successor to the Department of Mental Health and | ||||||
20 | Developmental
Disabilities), community agencies funded by the
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21 | Department of Human Services in that capacity, licensed private | ||||||
22 | hospitals receiving payments from the Department of Human | ||||||
23 | Services or the Department of Healthcare and Family Services, | ||||||
24 | State correctional facilities prisons operated by the | ||||||
25 | Department of Corrections , mental health facilities operated |
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1 | by a county, and jails operated by any
county of this State may | ||||||
2 | disclose a
recipient's record or communications, without | ||||||
3 | consent, to each other, but only
for the purpose of admission, | ||||||
4 | treatment, planning, or discharge. Entities
shall not | ||||||
5 | redisclose any personally identifiable information, unless | ||||||
6 | necessary
for admission, treatment, planning, or discharge of | ||||||
7 | the identified recipient to
another setting.
No records or | ||||||
8 | communications may be disclosed to a county jail or State | ||||||
9 | correctional facility prison pursuant to
this Section unless | ||||||
10 | the Department has entered into a written agreement with
the | ||||||
11 | county jail or State correctional facility prison requiring | ||||||
12 | that the county jail or State correctional facility prison | ||||||
13 | adopt written policies and
procedures designed to ensure that | ||||||
14 | the records and communications are disclosed
only to those | ||||||
15 | persons employed by or under contract to the county jail or | ||||||
16 | State correctional facility prison who are
involved in the | ||||||
17 | provision of mental health services to inmates and that the
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18 | records and communications are protected from further | ||||||
19 | disclosure. For the purposes of this Section, the term | ||||||
20 | "licensed private hospital" shall have the meaning ascribed to | ||||||
21 | it in the Mental Health and Developmental Disabilities Code.
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22 | Notwithstanding any other rulemaking authority that may | ||||||
23 | exist, neither the Governor nor any agency or agency head under | ||||||
24 | the jurisdiction of the Governor has any authority to make or | ||||||
25 | promulgate rules to implement or enforce the provisions of this | ||||||
26 | amendatory Act of the 95th General Assembly. If, however, the |
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1 | Governor believes that rules are necessary to implement or | ||||||
2 | enforce the provisions of this amendatory Act of the 95th | ||||||
3 | General Assembly, the Governor may suggest rules to the General | ||||||
4 | Assembly by filing them with the Clerk of the House and | ||||||
5 | Secretary of the Senate and by requesting that the General | ||||||
6 | Assembly authorize such rulemaking by law, enact those | ||||||
7 | suggested rules into law, or take any other appropriate action | ||||||
8 | in the General Assembly's discretion. Nothing contained in this | ||||||
9 | amendatory Act of the 95th General Assembly shall be | ||||||
10 | interpreted to grant rulemaking authority under any other | ||||||
11 | Illinois statute where such authority is not otherwise | ||||||
12 | explicitly given. For the purposes of this amendatory Act of | ||||||
13 | the 95th General Assembly, "rules" is given the meaning | ||||||
14 | contained in Section 1-70 of the Illinois Administrative | ||||||
15 | Procedure Act, and "agency" and "agency head" are given the | ||||||
16 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
17 | Administrative Procedure Act to the extent that such | ||||||
18 | definitions apply to agencies or agency heads under the | ||||||
19 | jurisdiction of the Governor. | ||||||
20 | (Source: P.A. 94-182, eff. 7-12-05.)
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21 | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
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22 | Sec. 11. Disclosure of records and communications. Records | ||||||
23 | and
communications may be disclosed:
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24 | (i) in accordance with the provisions of the
Abused and | ||||||
25 | Neglected Child Reporting Act, subsection (u) of Section 5 |
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1 | of the Children and Family Services Act, or Section 7.4 of | ||||||
2 | the Child Care Act of 1969;
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3 | (ii) when, and to the extent, a
therapist, in his or | ||||||
4 | her sole discretion, determines that disclosure is
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5 | necessary to initiate or continue civil commitment | ||||||
6 | proceedings under the laws
of this State or to otherwise | ||||||
7 | protect the recipient or other person against a
clear, | ||||||
8 | imminent risk of serious physical or mental injury or | ||||||
9 | disease or death
being inflicted upon the recipient or by | ||||||
10 | the recipient on himself or another;
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11 | (iii) when, and to the extent disclosure is, in the | ||||||
12 | sole discretion of the
therapist, necessary to the | ||||||
13 | provision of emergency medical care to a recipient
who is | ||||||
14 | unable to assert or waive his or her rights hereunder;
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15 | (iii-a) to any medical practitioner from whom the | ||||||
16 | recipient is seeking medical care, including any primary | ||||||
17 | care physician; however, disclosure shall be limited to | ||||||
18 | pharmaceutical records and communications regarding | ||||||
19 | pharmaceuticals, including records and communications | ||||||
20 | regarding payment for pharmaceuticals;
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21 | (iv) when
disclosure is necessary to collect sums or | ||||||
22 | receive third
party payment representing charges for | ||||||
23 | mental health or developmental
disabilities services | ||||||
24 | provided by a therapist or agency to a recipient
under | ||||||
25 | Chapter V of the Mental Health and Developmental | ||||||
26 | Disabilities Code or to
transfer debts under the |
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1 | Uncollected State Claims Act; however, disclosure
shall be | ||||||
2 | limited to information needed to pursue collection, and the
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3 | information so disclosed shall not be used for any other | ||||||
4 | purposes nor shall it
be redisclosed except in connection | ||||||
5 | with collection activities;
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6 | (v) when
requested by a family member, the Department | ||||||
7 | of Human Services may assist in
the location of the | ||||||
8 | interment site of a deceased recipient who is interred in a
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9 | cemetery established under Section 100-26 of the Mental | ||||||
10 | Health and
Developmental Disabilities Administrative Act;
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11 | (vi) in judicial proceedings
under Article VIII of | ||||||
12 | Chapter III and Article V of Chapter IV of the Mental
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13 | Health and Developmental Disabilities Code and proceedings | ||||||
14 | and investigations
preliminary thereto, to the State's | ||||||
15 | Attorney for the county or residence of a
person who is the | ||||||
16 | subject of such proceedings, or in which the person is | ||||||
17 | found,
or in which the facility is located, to the attorney | ||||||
18 | representing the recipient
in the judicial proceedings, to | ||||||
19 | any person or agency providing mental health
services that | ||||||
20 | are the subject of the proceedings and to that person's or
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21 | agency's attorney, to any court personnel, including but | ||||||
22 | not limited to judges
and circuit court clerks, and to a | ||||||
23 | guardian ad litem if one has been appointed
by the court, | ||||||
24 | provided that the information so disclosed shall not be | ||||||
25 | utilized
for any other purpose nor be redisclosed except in | ||||||
26 | connection with the
proceedings or investigations;
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1 | (vii) when, and to the extent disclosure is
necessary | ||||||
2 | to comply with the requirements of the Census Bureau in | ||||||
3 | taking the
federal Decennial Census;
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4 | (viii) when, and to the extent, in the
therapist's sole | ||||||
5 | discretion, disclosure is necessary to warn or protect a
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6 | specific individual against whom a recipient has made a | ||||||
7 | specific threat of
violence where there exists a | ||||||
8 | therapist-recipient relationship or a special
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9 | recipient-individual relationship;
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10 | (ix) in accordance with the Sex Offender
Registration | ||||||
11 | Act;
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12 | (x) in accordance with the Rights of Crime Victims and
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13 | Witnesses Act; | ||||||
14 | (xi) in accordance with Section 6 of the Abused and | ||||||
15 | Neglected Long Term Care Facility Residents Reporting Act; | ||||||
16 | and | ||||||
17 | (xii) in accordance with Section 55 of the Abuse of | ||||||
18 | Adults with Disabilities Intervention Act.
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19 | Any person, institution, or agency, under
this Act, | ||||||
20 | participating in good faith in the making of a report under the
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21 | Abused and Neglected Child Reporting Act or in the disclosure | ||||||
22 | of records and
communications under this Section, shall have | ||||||
23 | immunity from any liability,
civil, criminal or otherwise, that | ||||||
24 | might result by reason of such action. For
the purpose of any | ||||||
25 | proceeding, civil or criminal, arising out of a report or
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26 | disclosure under this Section, the good faith of any person, |
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1 | institution, or
agency so reporting or disclosing shall be | ||||||
2 | presumed.
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3 | Notwithstanding any other rulemaking authority that may | ||||||
4 | exist, neither the Governor nor any agency or agency head under | ||||||
5 | the jurisdiction of the Governor has any authority to make or | ||||||
6 | promulgate rules to implement or enforce the provisions of this | ||||||
7 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
8 | Governor believes that rules are necessary to implement or | ||||||
9 | enforce the provisions of this amendatory Act of the 95th | ||||||
10 | General Assembly, the Governor may suggest rules to the General | ||||||
11 | Assembly by filing them with the Clerk of the House and | ||||||
12 | Secretary of the Senate and by requesting that the General | ||||||
13 | Assembly authorize such rulemaking by law, enact those | ||||||
14 | suggested rules into law, or take any other appropriate action | ||||||
15 | in the General Assembly's discretion. Nothing contained in this | ||||||
16 | amendatory Act of the 95th General Assembly shall be | ||||||
17 | interpreted to grant rulemaking authority under any other | ||||||
18 | Illinois statute where such authority is not otherwise | ||||||
19 | explicitly given. For the purposes of this amendatory Act of | ||||||
20 | the 95th General Assembly, "rules" is given the meaning | ||||||
21 | contained in Section 1-70 of the Illinois Administrative | ||||||
22 | Procedure Act, and "agency" and "agency head" are given the | ||||||
23 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
24 | Administrative Procedure Act to the extent that such | ||||||
25 | definitions apply to agencies or agency heads under the | ||||||
26 | jurisdiction of the Governor. |
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1 | (Source: P.A. 94-852, eff. 6-13-06; 94-1010, eff. 10-1-06; | ||||||
2 | 95-331, eff. 8-21-07.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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