HB5586 97TH GENERAL ASSEMBLY

LRB097 18283 AJO 63509 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5586

Introduced 2/15/2012, by Rep. Kimberly du Buclet

SYNOPSIS AS INTRODUCED:

740 ILCS 110/4

from Ch. 91 1/2, par. 804

Amends the Mental Health and Developmental Disabilities Confidentiality Act. Authorizes the inspection and copying of mental health services records of a recipient of such services by a law enforcement officer who has lawfully arrested the recipient, if the officer has (i) a reasonable suspicion that the recipient is suffering from mental illness and (ii) a reasonable belief that the recipient may benefit from treatment in a mental health facility rather than placement in a correctional institution, jail, juvenile correctional facility, or juvenile detention facility. Provides that the information disclosable under this provision is limited to whether the recipient is receiving mental health services from a mental health facility or has received such services within the preceding 6 months and may not be redisclosed by the law enforcement officer except as provided by law.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Mental Health and Developmental Disabilities Confidentiality Act is amended by changing Section 4 as follows:

(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)

Sec. 4. (a) The following persons shall be entitled, upon request, to inspect and copy a recipient's record or any part thereof:

(1) the parent or guardian of a recipient who is under 12 years of age;

(2) the recipient if he is 12 years of age or older;

(3) the parent or guardian of a recipient who is at least 12 but under 18 years, if the recipient is informed and does not object or if the therapist does not find that there are compelling reasons for denying the access. The parent or guardian who is denied access by either the recipient or the therapist may petition a court for access to the record. Nothing in this paragraph is intended to prohibit the parent or guardian of a recipient who is at least 12 but under 18 years from requesting and receiving the following information: current physical and mental condition, diagnosis, treatment needs, services provided, and services needed, including medication, if any;

(4) the guardian of a recipient who is 18 years or older;

(5) an attorney or guardian ad litem who represents a minor 12 years of age or older in any judicial or administrative proceeding, provided that the court or administrative hearing officer has entered an order granting the attorney this right;

(6) an agent appointed under a recipient's power of attorney for health care or for property, when the power of attorney authorizes the access;

(7) an attorney-in-fact appointed under the Mental Health Treatment Preference Declaration Act; or

(8) any person in whose care and custody the recipient has been placed pursuant to Section 3-811 of the Mental Health and Developmental Disabilities Code; or .

(9) a law enforcement officer who has lawfully arrested the recipient, if the officer has (i) a reasonable suspicion that the recipient is suffering from mental illness and (ii) a reasonable belief that the recipient may benefit from treatment in a mental health facility as defined in the Mental Health and Developmental Disabilities Code rather than placement in a correctional institution, jail, juvenile correctional facility, or juvenile detention facility; the information disclosable under this paragraph (9) is limited to whether the recipient is receiving mental health services from a mental health facility or has received such services within the preceding 6 months and may not be redisclosed by the law enforcement officer except as provided by law.

(b) Assistance in interpreting the record may be provided without charge and shall be provided if the person inspecting the record is under 18 years of age. However, access may in no way be denied or limited if the person inspecting the record refuses the assistance. A reasonable fee may be charged for duplication of a record. However, when requested to do so in writing by any indigent recipient, the custodian of the records shall provide at no charge to the recipient, or to the Guardianship and Advocacy Commission, the agency designated by the Governor under Section 1 of the Protection and Advocacy for Developmentally Disabled Persons Act or to any other not-for-profit agency whose primary purpose is to provide free legal services or advocacy for the indigent and who has received written authorization from the recipient under Section 5 of this Act to receive his records, one copy of any records in its possession whose disclosure is authorized under this Act.

(c) Any person entitled to access to a record under this Section may submit a written statement concerning any disputed or new information, which statement shall be entered into the record. Whenever any disputed part of a record is disclosed, any submitted statement relating thereto shall accompany the disclosed part. Additionally, any person entitled to access may request modification of any part of the record which he believes is incorrect or misleading. If the request is refused, the person may seek a court order to compel modification.

(d) Whenever access or modification is requested, the request and any action taken thereon shall be noted in the recipient's record.

(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)