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1 | | the peace to take the respondent into custody and transport the |
2 | | respondent to a mental health facility the
hospital specified |
3 | | in the agreed order . The provisions of Section 3-605 shall |
4 | | govern
the transportation of the respondent to a mental health |
5 | | facility, except to the extent that those
provisions are |
6 | | inconsistent with this Section. No person admitted to a |
7 | | hospital pursuant to this
subsection shall be detained for |
8 | | longer than 24 hours, excluding Saturdays, Sundays, and |
9 | | holidays,
unless, within that period, a petition for |
10 | | involuntary admission on an inpatient basis and a
certificate |
11 | | supporting such petition have been filed as provided in Section |
12 | | 3-611. |
13 | | (c) Alternative treatment shall not be ordered unless the |
14 | | program being
considered is capable of providing adequate and |
15 | | humane treatment in the least
restrictive setting which is |
16 | | appropriate to the respondent's condition. The court shall have |
17 | | continuing authority to modify an order for
alternative |
18 | | treatment if the recipient fails to comply with the order or is
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19 | | otherwise found unsuitable for alternative treatment. Prior to |
20 | | modifying
such an order, the court shall receive a report from |
21 | | the facility director
of the program specifying why the |
22 | | alternative treatment is unsuitable. The
recipient shall be |
23 | | notified and given an opportunity to respond when
modification |
24 | | of the order for alternative treatment is considered. If the |
25 | | court determines that the
respondent has violated the order for |
26 | | alternative treatment in the community or that alternative
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1 | | treatment in the community will no longer provide adequate |
2 | | assurances for the safety of the
respondent or others, the |
3 | | court may revoke the order for alternative treatment in the |
4 | | community
and
may order a peace officer to take the recipient |
5 | | into custody and transport him to an inpatient
mental health |
6 | | facility. The provisions of
Section 3-605 shall govern the |
7 | | transportation of the respondent to a mental health
facility, |
8 | | except to the extent that those provisions are inconsistent |
9 | | with this Section. No person
admitted to a hospital pursuant to |
10 | | this subsection shall be detained for longer than 24 hours,
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11 | | excluding Saturdays, Sundays, and holidays, unless, within |
12 | | that period, a petition for involuntary
admission on an |
13 | | inpatient basis and a certificate supporting such petition have |
14 | | been filed as
provided in Section 3-611. |
15 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
16 | | Section 10. The Mental Health and Developmental |
17 | | Disabilities Confidentiality Act is amended by changing |
18 | | Section 10 as follows:
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19 | | (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
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20 | | Sec. 10. (a) Except as provided herein, in any civil, |
21 | | criminal,
administrative, or legislative proceeding, or in any |
22 | | proceeding preliminary
thereto, a recipient, and a therapist on |
23 | | behalf and in the interest of a
recipient, has the privilege to |
24 | | refuse to disclose and to prevent the
disclosure of the |
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1 | | recipient's record or communications.
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2 | | (1) Records and communications may be disclosed in a |
3 | | civil, criminal
or administrative proceeding in which the |
4 | | recipient introduces his mental
condition or any aspect of |
5 | | his services received for such condition as an
element of |
6 | | his claim or defense, if and only to the extent the court |
7 | | in
which the proceedings have been brought, or, in the case |
8 | | of an administrative
proceeding, the court to which an |
9 | | appeal or other action for review of an
administrative |
10 | | determination may be taken, finds, after in camera
|
11 | | examination of testimony or other evidence, that it is |
12 | | relevant, probative,
not unduly prejudicial or |
13 | | inflammatory, and otherwise clearly
admissible; that other |
14 | | satisfactory evidence is demonstrably unsatisfactory
as |
15 | | evidence of the facts sought to be established by such |
16 | | evidence; and
that disclosure is more important to the |
17 | | interests of substantial justice
than protection from |
18 | | injury to the therapist-recipient relationship or to
the |
19 | | recipient or other whom disclosure is likely to harm. |
20 | | Except in a criminal
proceeding in which the recipient, who |
21 | | is accused in that proceeding, raises
the defense of |
22 | | insanity, no record or communication between a therapist
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23 | | and a recipient shall be deemed relevant for purposes of |
24 | | this subsection,
except the fact of treatment, the cost of |
25 | | services and the ultimate
diagnosis unless the party |
26 | | seeking disclosure of the communication clearly
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1 | | establishes in the trial court a compelling need for its |
2 | | production.
However, for purposes of this Act, in any |
3 | | action brought or defended under
the Illinois Marriage and |
4 | | Dissolution of Marriage Act, or in any action in
which pain |
5 | | and suffering is an element of the claim, mental condition |
6 | | shall
not be deemed to be introduced merely by making such |
7 | | claim and shall be
deemed to be introduced only if the |
8 | | recipient or a witness on his behalf
first testifies |
9 | | concerning the record or communication.
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10 | | (2) Records or communications may be disclosed in a |
11 | | civil proceeding after
the recipient's death when the |
12 | | recipient's physical or mental condition
has been |
13 | | introduced as an element of a claim or defense by any party |
14 | | claiming
or defending through or as a beneficiary of the |
15 | | recipient, provided the
court finds, after in camera |
16 | | examination of the evidence, that it is relevant,
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17 | | probative, and otherwise clearly admissible; that other |
18 | | satisfactory evidence
is not available regarding the facts |
19 | | sought to be established by such evidence;
and that |
20 | | disclosure is more important to the interests of |
21 | | substantial justice
than protection from any injury which |
22 | | disclosure is likely to cause.
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23 | | (3) In the event of a claim made or an action filed by |
24 | | a recipient, or,
following the recipient's death, by any |
25 | | party claiming as a beneficiary
of the recipient for injury |
26 | | caused in the course of providing services to such |
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1 | | recipient, the therapist and other persons whose actions
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2 | | are alleged
to have been the cause of injury may disclose |
3 | | pertinent records and
communications to an attorney or |
4 | | attorneys engaged to render advice about
and to provide |
5 | | representation in connection with such matter and to |
6 | | persons
working under the supervision of such attorney or |
7 | | attorneys, and may
testify as to such records or
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8 | | communication in any administrative, judicial
or discovery |
9 | | proceeding for the purpose of preparing and presenting a
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10 | | defense against such claim or action.
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11 | | (4) Records and communications made to or by a |
12 | | therapist in the course
of examination ordered by a court |
13 | | for good cause shown may, if otherwise
relevant and |
14 | | admissible, be disclosed in a civil, criminal,
or |
15 | | administrative proceeding in which the recipient is a party |
16 | | or in
appropriate pretrial proceedings, provided such |
17 | | court has found that the
recipient has been as adequately |
18 | | and as effectively as possible informed
before submitting |
19 | | to such examination that such records and communications
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20 | | would not be considered confidential or privileged. Such |
21 | | records and
communications shall be admissible only as to |
22 | | issues involving the
recipient's physical or mental |
23 | | condition and only to the extent that these
are germane to |
24 | | such proceedings.
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25 | | (5) Records and communications may be disclosed in a |
26 | | proceeding under
the Probate Act of 1975, to determine a |
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1 | | recipient's competency or need for
guardianship, provided |
2 | | that the disclosure is made only with respect to that |
3 | | issue.
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4 | | (6) Records and communications may be disclosed to a |
5 | | court-appointed therapist, psychologist, or psychiatrist |
6 | | for use in determining a person's fitness to stand trial if |
7 | | the records were made within the 180-day period immediately |
8 | | preceding the date of the therapist's, psychologist's or |
9 | | psychiatrist's court appointment. These records and |
10 | | communications shall be admissible only as to the issue of |
11 | | the person's fitness to stand trial. Records and |
12 | | communications may be disclosed when such are made during
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13 | | treatment which the recipient is ordered to undergo to |
14 | | render him fit to
stand trial on a criminal charge, |
15 | | provided that the disclosure is made only
with respect to |
16 | | the issue of fitness to stand trial.
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17 | | (7) Records and communications of the recipient may be |
18 | | disclosed in any
civil or administrative proceeding |
19 | | involving the validity of or benefits
under a life, |
20 | | accident, health or disability insurance policy or |
21 | | certificate,
or Health Care Service Plan Contract, |
22 | | insuring the recipient, but only if
and to the extent that |
23 | | the recipient's mental condition, or treatment or
services |
24 | | in connection therewith, is a material element of any claim |
25 | | or
defense of any party, provided that information sought |
26 | | or disclosed shall
not be redisclosed except in connection |
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1 | | with the proceeding in which
disclosure is made.
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2 | | (8) Records or communications may be disclosed when |
3 | | such are relevant
to a matter in issue in any action |
4 | | brought under this Act and proceedings
preliminary |
5 | | thereto, provided that any information so disclosed shall |
6 | | not
be utilized for any other purpose nor be redisclosed |
7 | | except in connection
with such action or preliminary |
8 | | proceedings.
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9 | | (9) Records and communications of the recipient may be |
10 | | disclosed in
investigations of and trials for homicide when |
11 | | the disclosure relates directly
to the fact or immediate |
12 | | circumstances of the homicide.
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13 | | (10) Records and communications of a deceased |
14 | | recipient may be
disclosed to a coroner conducting a |
15 | | preliminary investigation into the
recipient's death under |
16 | | Section 3-3013 of the Counties Code. However,
records and |
17 | | communications of the deceased recipient disclosed in an
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18 | | investigation shall be limited solely to the deceased |
19 | | recipient's records
and communications relating to the |
20 | | factual circumstances of the incident
being investigated |
21 | | in a mental health facility.
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22 | | (11) Records and communications of a recipient shall be |
23 | | disclosed in a
proceeding
where a petition or motion is |
24 | | filed under the Juvenile Court Act of 1987 and
the |
25 | | recipient is
named as a parent, guardian, or legal |
26 | | custodian of a minor who is the subject
of a petition for |
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1 | | wardship as
described in Section
2-3 of that Act or a minor |
2 | | who is the subject of a petition for wardship as
described |
3 | | in Section 2-4 of that
Act alleging the
minor is abused, |
4 | | neglected, or dependent or the recipient is named as a |
5 | | parent
of a child
who is the subject of
a petition, |
6 | | supplemental petition, or motion to appoint a guardian with |
7 | | the
power to consent to
adoption under Section 2-29 of the |
8 | | Juvenile Court Act
of 1987.
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9 | | (12) Records and communications of a recipient may be
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10 | | disclosed when disclosure is necessary to collect sums or |
11 | | receive
third party payment representing charges for |
12 | | mental health or
developmental disabilities services |
13 | | provided by a therapist or
agency to a recipient; however, |
14 | | disclosure shall be limited to
information needed to pursue |
15 | | collection, and the information so
disclosed may not be |
16 | | used for any other purposes nor may it be
redisclosed |
17 | | except in connection with collection activities.
Whenever |
18 | | records are disclosed pursuant to this subdivision (12), |
19 | | the
recipient of the records shall be advised in writing |
20 | | that any person who
discloses mental health records and |
21 | | communications in violation of this Act may
be subject to |
22 | | civil liability pursuant to Section 15 of this Act or to |
23 | | criminal
penalties pursuant to Section 16 of this Act or |
24 | | both.
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25 | | (b) Before a disclosure is made under subsection (a), any |
26 | | party to the
proceeding or any other interested person may |
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1 | | request an in camera review
of the record or communications to |
2 | | be disclosed. The court or agency
conducting the proceeding may |
3 | | hold an in camera review on its own motion.
When, contrary to |
4 | | the express wish of the recipient, the therapist asserts
a |
5 | | privilege on behalf and in the interest of a recipient, the |
6 | | court may
require that the therapist, in an in camera hearing, |
7 | | establish that
disclosure is not in the best interest of the |
8 | | recipient. The court or
agency may prevent disclosure or limit |
9 | | disclosure to the extent that other
admissible evidence is |
10 | | sufficient to establish the facts in issue. The
court or agency |
11 | | may enter such orders as may be necessary in order to
protect |
12 | | the confidentiality, privacy, and safety of the recipient or of
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13 | | other persons. Any order to disclose or to not disclose shall |
14 | | be
considered a final order for purposes of appeal and shall be |
15 | | subject to
interlocutory appeal.
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16 | | (c) A recipient's records and communications may be |
17 | | disclosed to a
duly authorized committee, commission or |
18 | | subcommittee of the General
Assembly which possesses subpoena |
19 | | and hearing powers, upon a written
request approved by a |
20 | | majority vote of the committee, commission or
subcommittee |
21 | | members. The committee, commission or subcommittee may
request |
22 | | records only for the purposes of investigating or studying
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23 | | possible violations of recipient rights. The request shall |
24 | | state the
purpose for which disclosure is sought.
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25 | | The facility shall notify the recipient, or his guardian, |
26 | | and therapist in
writing of any disclosure request under this |
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1 | | subsection within 5 business
days after such request. Such |
2 | | notification shall also inform the
recipient, or guardian, and |
3 | | therapist of their right to object to the
disclosure within 10 |
4 | | business days after receipt of the notification and
shall |
5 | | include the name, address and telephone number of the
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6 | | committee, commission or subcommittee member or staff person |
7 | | with whom an
objection shall be filed. If no objection has been |
8 | | filed within 15
business days after the request for disclosure, |
9 | | the facility shall disclose
the records and communications to |
10 | | the committee, commission or
subcommittee. If an objection has |
11 | | been filed within 15 business days after
the request for |
12 | | disclosure, the facility shall disclose the records and
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13 | | communications only after the committee, commission or |
14 | | subcommittee has
permitted the recipient, guardian or |
15 | | therapist to present his objection in
person before it and has |
16 | | renewed its request for disclosure by a majority
vote of its |
17 | | members.
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18 | | Disclosure under this subsection shall not occur until all |
19 | | personally
identifiable data of the recipient and provider are |
20 | | removed from the
records and communications. Disclosure under |
21 | | this subsection shall not
occur in any public proceeding.
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22 | | (d) No party to any proceeding described under paragraphs |
23 | | (1), (2),
(3), (4), (7), or (8) of subsection (a) of this |
24 | | Section, nor his or
her attorney, shall serve a subpoena |
25 | | seeking to obtain access to records or
communications under |
26 | | this Act unless the subpoena is accompanied by a
written order |
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1 | | issued by a judge or by the written consent under Section 5 of |
2 | | this Act of the person whose records are being sought , |
3 | | authorizing the disclosure of the records
or the issuance of |
4 | | the subpoena. No such written order shall be issued without |
5 | | written notice of the motion to the recipient and the treatment |
6 | | provider. Prior to issuance of the order, each party or other |
7 | | person entitled to notice shall be permitted an opportunity to |
8 | | be heard pursuant to subsection (b) of this Section. In the |
9 | | absence of the written consent under Section 5 of this Act of |
10 | | the person whose records are being sought, no No person shall |
11 | | comply with a subpoena for
records or communications under this |
12 | | Act, unless the subpoena is
accompanied by a written order |
13 | | authorizing the issuance of the subpoena or
the disclosure of |
14 | | the records. Each subpoena duces tecum issued by a court or |
15 | | administrative agency or served on any person pursuant to this |
16 | | subsection (d) shall include the following language: "No person |
17 | | shall comply with a subpoena for mental health records or |
18 | | communications pursuant to Section 10 of the Mental Health and |
19 | | Developmental Disabilities Confidentiality Act, 740 ILCS |
20 | | 110/10, unless the subpoena is accompanied by a written order |
21 | | that authorizes the issuance of the subpoena and the disclosure |
22 | | of records or communications or by the written consent under |
23 | | Section 5 of that Act of the person whose records are being |
24 | | sought ."
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25 | | (e) When a person has been transported by a peace officer |
26 | | to a mental
health facility, then upon the request of a peace |
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1 | | officer, if the person is
allowed to leave the mental health |
2 | | facility within 48 hours of arrival,
excluding Saturdays, |
3 | | Sundays, and holidays, the facility director shall notify
the |
4 | | local law enforcement authority prior to the release of the |
5 | | person. The
local law enforcement authority may re-disclose the |
6 | | information as necessary to
alert the appropriate enforcement |
7 | | or prosecuting authority.
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8 | | (f) A recipient's records and communications shall be |
9 | | disclosed to the
Inspector General of the Department of Human |
10 | | Services within 10 business days
of a request by the Inspector |
11 | | General
(i) in the course of an investigation authorized by the |
12 | | Department of Human Services Act and applicable rule or (ii) |
13 | | during the course of an assessment authorized by the Abuse of |
14 | | Adults with Disabilities Intervention Act and applicable rule. |
15 | | The request
shall be
in writing and signed by the Inspector |
16 | | General or his or her designee. The
request shall state the |
17 | | purpose for which disclosure is sought. Any person who
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18 | | knowingly and willfully refuses to comply with such a request |
19 | | is guilty of a
Class A misdemeanor. A recipient's records and |
20 | | communications shall also be disclosed pursuant to subsection |
21 | | (g-5) of Section 1-17 of the Department of Human Services Act |
22 | | in testimony at health care worker registry hearings or |
23 | | preliminary proceedings when such are relevant to the matter in |
24 | | issue, provided that any information so disclosed shall not be |
25 | | utilized for any other purpose nor be redisclosed except in |
26 | | connection with such action or preliminary proceedings.
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