HB1443 EnrolledLRB100 03174 MJP 13179 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by adding Article 5A to Chapter
6III as follows:
 
7    (405 ILCS 5/Ch. III, Art. V-A heading new)
8
ARTICLE V-A. RIGHT OF MINORS TO CONSENT TO COUNSELING SERVICES
9
OR PSYCHOTHERAPY ON AN OUTPATIENT BASIS

 
10    (405 ILCS 5/3-5A-105 new)
11    Sec. 3-5A-105. Minors 12 years of age or older request to
12receive counseling services or psychotherapy on an outpatient
13basis.
14    (a) Any minor 12 years of age or older may request and
15receive counseling services or psychotherapy on an outpatient
16basis. The consent of the minor's parent, guardian, or person
17in loco parentis shall not be necessary to authorize outpatient
18counseling services or psychotherapy. However, until the
19consent of the minor's parent, guardian, or person in loco
20parentis has been obtained, outpatient counseling services or
21psychotherapy provided to a minor under the age of 17 shall be
22initially limited to not more than 8 90-minute sessions. The

 

 

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1service provider shall consider the factors contained in
2subsection (a-1) of this Section throughout the therapeutic
3process to determine, through consultation with the minor,
4whether attempting to obtain the consent of a parent, guardian,
5or person in loco parentis would be detrimental to the minor's
6well-being. No later than the eighth session, the service
7provider shall determine and share with the minor the service
8provider's decision as described below:
9        (1) If the service provider finds that attempting to
10    obtain consent would not be detrimental to the minor's
11    well-being, the provider shall notify the minor that the
12    consent of a parent, guardian, or person in loco parentis
13    is required to continue counseling services or
14    psychotherapy.
15        (2) If the minor does not permit the service provider
16    to notify the parent, guardian, or person in loco parentis
17    for the purpose of consent after the eighth session the
18    service provider shall discontinue counseling services or
19    psychotherapy and shall not notify the parent, guardian, or
20    person in loco parentis about the counseling services or
21    psychotherapy.
22        (3) If the minor permits the service provider to notify
23    the parent, guardian, or person in loco parentis for the
24    purpose of consent, without discontinuing counseling
25    services or psychotherapy, the service provider shall make
26    reasonable attempts to obtain consent. The service

 

 

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1    provider shall document each attempt to obtain consent in
2    the minor's clinical record. The service provider may
3    continue to provide counseling services or psychotherapy
4    without the consent of the minor's parent, guardian, or
5    person in loco parentis if:
6            (A) the service provider has made at least 2
7        unsuccessful attempts to contact the minor's parent,
8        guardian, or person in loco parentis to obtain consent;
9        and
10            (B) the service provider has obtained the minor's
11        written consent.
12        (4) If, after the eighth session, the service provider
13    of counseling services or psychotherapy determines that
14    obtaining consent would be detrimental to the minor's
15    well-being, the service provider shall consult with his or
16    her supervisor when possible to review and authorize the
17    determination under subsection (a) of this Section. The
18    service provider shall document the basis for the
19    determination in the minor's clinical record and may then
20    accept the minor's written consent to continue to provide
21    counseling services or psychotherapy without also
22    obtaining the consent of a parent, guardian, or person in
23    loco parentis.
24        (5) If the minor continues to receive counseling
25    services or psychotherapy without the consent of a parent,
26    guardian, or person in loco parentis beyond 8 sessions, the

 

 

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1    service provider shall evaluate, in consultation with his
2    or her supervisor when possible, his or her determination
3    under this subsection (a), and review the determination
4    every 60 days until counseling services or psychotherapy
5    ends or the minor reaches age 17. If it is determined
6    appropriate to notify the parent, guardian, or person in
7    loco parentis and the minor consents, the service provider
8    shall proceed under paragraph (3) of subsection (a) of this
9    Section.
10        (6) When counseling services or psychotherapy are
11    related to allegations of neglect, sexual abuse, or mental
12    or physical abuse by the minor's parent, guardian, or
13    person in loco parentis, obtaining consent of that parent,
14    guardian, or person in loco parentis shall be presumed to
15    be detrimental to the minor's well-being.
16    (a-1) Each of the following factors must be present in
17order for the service provider to find that obtaining the
18consent of a parent, guardian, or person in loco parentis would
19be detrimental to the minor's well-being:
20        (1) requiring the consent or notification of a parent,
21    guardian, or person in loco parentis would cause the minor
22    to reject the counseling services or psychotherapy;
23        (2) the failure to provide the counseling services or
24    psychotherapy would be detrimental to the minor's
25    well-being;
26        (3) the minor has knowingly and voluntarily sought the

 

 

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1    counseling services or psychotherapy; and
2        (4) in the opinion of the service provider, the minor
3    is mature enough to participate in counseling services or
4    psychotherapy productively.
5    (a-2) The minor's parent, guardian, or person in loco
6parentis shall not be informed of the counseling services or
7psychotherapy without the written consent of the minor unless
8the service provider believes the disclosure is necessary under
9subsection (a) of this Section. If the facility director or
10service provider intends to disclose the fact of counseling
11services or psychotherapy, the minor shall be so informed and
12if the minor chooses to discontinue counseling services or
13psychotherapy after being informed of the decision of the
14facility director or service provider to disclose the fact of
15counseling services or psychotherapy to the parent, guardian,
16or person in loco parentis, then the parent, guardian, or
17person in loco parentis shall not be notified. Under the Mental
18Health and Developmental Disabilities Confidentiality Act, the
19facility director, his or her designee, or the service provider
20shall not allow the minor's parent, guardian, or person in loco
21parentis, upon request, to inspect or copy the minor's record
22or any part of the record if the service provider finds that
23there are compelling reasons for denying the access. Nothing in
24this Section shall be interpreted to limit a minor's privacy
25and confidentiality protections under State law.
26    (b) The minor's parent, guardian, or person in loco

 

 

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1parentis shall not be liable for the costs of outpatient
2counseling services or psychotherapy which is received by the
3minor without the consent of the minor's parent, guardian, or
4person in loco parentis.
5    (c) Counseling services or psychotherapy provided under
6this Section shall be provided in compliance with the
7Professional Counselor and Clinical Professional Counselor
8Licensing and Practice Act, the Clinical Social Work and Social
9Work Practice Act, or the Clinical Psychologist Licensing Act.
 
10    (405 ILCS 5/3-501 rep.)
11    Section 105. The Mental Health and Developmental
12Disabilities Code is amended by repealing Section 3-501.
 
13    Section 999. Effective date. This Act takes effect upon
14becoming law.