Full Text of HB3981 96th General Assembly
HB3981 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3981
Introduced 2/26/2009, by Rep. David R. Leitch SYNOPSIS AS INTRODUCED: |
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Amends the Mental Health and Developmental Disabilities Code and the Mental Health and Developmental Disabilities Confidentiality Act. Changes the definition of "dangerous conduct" to mean threatening behavior or conduct that places another individual or the person engaging in the behavior or conduct (rather than places another individual) in reasonable expectation of being harmed, or a person's inability to provide, without the assistance of family or outside help, for his or her basic physical needs so as to guard himself or herself from serious harm. Extends the lists of possible medical practitioners who must examine a person subject to an involuntary admission petition and execute a certificate stating whether involuntary admission and immediate hospitalization is appropriate, to include a psychiatrist (rather than a physician, qualified examiner, or clinical psychologist only). Contains provisions regarding the amount of time a mental health facility can temporarily detain a person for examination; the situations under which a person can be released from a mental health facility following the initial examination period and the court filing of a certificate stating whether involuntary admission and immediate hospitalization is appropriate; additional persons who are entitled to inspect and copy an admitted person's mental health records; additional agencies that may disclose a person's mental health records and communications to other agencies; and other matters. Effective immediately.
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A BILL FOR
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HB3981 |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Sections 1-104.5, | 6 |
| 3-602, 3-603, 3-607, 3-610, 3-702, and 3-703 as follows: | 7 |
| (405 ILCS 5/1-104.5)
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| Sec. 1-104.5. "Dangerous conduct" means threatening | 9 |
| behavior or conduct that places another individual or the | 10 |
| person engaging in the behavior or conduct, in reasonable | 11 |
| expectation of being harmed, or a person's inability to | 12 |
| provide, without the assistance of family or outside help, for | 13 |
| his or her basic physical needs so as to guard himself or | 14 |
| herself from serious harm.
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| (Source: P.A. 95-602, eff. 6-1-08 .)
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| (405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602)
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| Sec. 3-602.
The petition shall be accompanied by a | 18 |
| certificate executed
by a physician, qualified examiner, | 19 |
| psychiatrist, or clinical psychologist which states
that the | 20 |
| respondent is subject to involuntary admission and requires | 21 |
| immediate
hospitalization. The certificate shall indicate that | 22 |
| the physician, qualified
examiner, psychiatrist, or clinical |
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| psychologist personally examined the respondent not
more than | 2 |
| 72 hours prior to admission. It shall also contain the | 3 |
| physician's,
qualified examiner's, psychiatrist, or clinical | 4 |
| psychologist's clinical observations,
other factual | 5 |
| information relied upon in reaching a diagnosis, and a | 6 |
| statement
as to whether the respondent was advised of his | 7 |
| rights under Section 3-208.
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| (Source: P.A. 80-1414.)
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| (405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
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| Sec. 3-603.
(a) If no physician, qualified examiner, | 11 |
| psychiatrist, or clinical
psychologist
is immediately | 12 |
| available or it is not possible after a diligent effort to
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| obtain the certificate provided for in Section 3-602, the | 14 |
| respondent may
be detained for examination in a mental health | 15 |
| facility upon presentation
of the petition alone pending the | 16 |
| obtaining of such a certificate.
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| (b) In such instance the petition shall conform to the | 18 |
| requirements of
Section 3-601 and further specify that:
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| 1. the petitioner believes, as a result of his personal | 20 |
| observation, that
the respondent is subject to involuntary | 21 |
| admission;
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| 2. a diligent effort was made to obtain a certificate;
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| 3. no physician, qualified examiner, psychiatrist, or | 24 |
| clinical psychologist could be
found who has examined or | 25 |
| could examine the respondent; and
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| 4. a diligent effort has been made to convince the | 2 |
| respondent to appear
voluntarily for examination by a | 3 |
| physician, qualified examiner, psychiatrist, or clinical
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| psychologist, unless the petitioner reasonably believes | 5 |
| that effort would
impose a risk of harm to the respondent | 6 |
| or others.
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| (Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00; 92-16, | 8 |
| eff.
6-28-01.)
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| (405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
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| Sec. 3-607. Court ordered temporary detention and | 11 |
| examination. When, as
a result of personal observation and | 12 |
| testimony in open court, any court has
reasonable grounds to | 13 |
| believe that a person appearing before it is subject to
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| involuntary admission and in need of immediate hospitalization | 15 |
| to protect such
person or others from physical harm, the court | 16 |
| may enter an order for the
temporary detention and examination | 17 |
| of such person. The
order
shall set forth in detail the facts | 18 |
| which are the basis for its conclusion.
The court may order a | 19 |
| peace officer to take the person into custody and
transport him | 20 |
| to a mental health facility. The person may be detained for
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| examination for no more than 24 hours to determine whether or | 22 |
| not she or he is subject to involuntary admission and in need | 23 |
| of immediate hospitalization . If a petition and certificate , as
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| provided in this Article, are executed within the 24 hours, the | 25 |
| person may be
admitted provided that the certificate states |
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| that the person is both subject to involuntary admission and in | 2 |
| need of immediate hospitalization. If the certificate states | 3 |
| that the person is subject to involuntary admission but not in | 4 |
| need of immediate hospitalization, the person may remain in his | 5 |
| or her place of residence pending a hearing on the petition | 6 |
| unless he or she voluntarily agrees to inpatient treatment. and | 7 |
| the The provisions of this Article shall apply to all petitions | 8 |
| and certificates executed pursuant to this Section . If no | 9 |
| petition or
certificate is executed, the person shall be | 10 |
| released.
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| (Source: P.A. 91-726, eff. 6-2-00.)
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| (405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610)
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| Sec. 3-610.
As soon as possible but not later than 24 | 14 |
| hours, excluding
Saturdays, Sundays and holidays, after | 15 |
| admission of a respondent pursuant
to this Article, the | 16 |
| respondent shall be examined by a psychiatrist. The
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| psychiatrist may be a member of the staff of the facility but | 18 |
| shall not
be the person who executed the first certificate. If | 19 |
| a certificate has already been completed by a psychiatrist | 20 |
| following the respondent's admission, the respondent shall be | 21 |
| examined by another psychiatrist or by a physician, clinical | 22 |
| psychologist, or qualified examiner. If, as a result of this | 23 |
| second examination, a certificate is executed, the certificate | 24 |
| shall be promptly filed with the court. If the certificate | 25 |
| states that the respondent is subject to involuntary admission |
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| but not in need of immediate hospitalization, the respondent | 2 |
| may remain in his or her place of residence pending a hearing | 3 |
| on the petition unless he or she voluntarily agrees to | 4 |
| inpatient treatment. If the respondent is
not examined or if | 5 |
| the psychiatrist , physician, clinical psychologist, or | 6 |
| qualified examiner does not execute a certificate pursuant
to | 7 |
| Section 3-602, the respondent shall be released forthwith.
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| (Source: P.A. 80-1414.)
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| (405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702)
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| Sec. 3-702.
(a) The petition may be accompanied by the | 11 |
| certificate
of a physician, qualified examiner, psychiatrist, | 12 |
| or clinical psychologist which certifies
that the respondent is | 13 |
| subject to involuntary admission and which contains
the other | 14 |
| information specified in Section 3-602.
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| (b) Upon receipt of the petition either with or without a | 16 |
| certificate,
if the court finds the documents are in order, it | 17 |
| may make such orders pursuant
to Section 3-703 as are necessary | 18 |
| to provide for examination of the respondent.
If the petition | 19 |
| is not accompanied by 2 certificates executed pursuant to
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| Section 3-703, the court may order the respondent to present | 21 |
| himself for
examination at a time and place designated by the | 22 |
| court.
If the petition is accompanied by 2 certificates | 23 |
| executed pursuant to Section
3-703 and the court finds the | 24 |
| documents are in order, it shall set the matter
for hearing.
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| (Source: P.A. 91-726, eff. 6-2-00.)
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| (405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)
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| 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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| 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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| 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 |
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| both the certificates state that the respondent is not in need | 2 |
| of immediate hospitalization, the respondent may remain in his | 3 |
| or her place of residence pending a hearing on the petition | 4 |
| unless he or she voluntarily agrees to inpatient treatment.
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| (Source: P.A. 85-558.)
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| Section 10. The Mental Health and Developmental | 7 |
| Disabilities Confidentiality Act is amended by changing | 8 |
| Sections 4, 9.2, and 10 as follows:
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| (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
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| Sec. 4.
(a) The following persons shall be entitled, upon | 11 |
| request,
to inspect and copy a recipient's record or any part | 12 |
| thereof:
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| (1) the parent or guardian of a recipient who is under | 14 |
| 12 years of age;
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| (2) the recipient if he is 12 years of age or older;
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| (3) the parent or guardian of a recipient who is at | 17 |
| least 12 but under
18 years, if the recipient is informed | 18 |
| and does not object or if the therapist
does not find that | 19 |
| there are compelling reasons for denying the access.
The | 20 |
| parent or guardian who is denied access by either the | 21 |
| recipient or the
therapist may petition a court for access | 22 |
| to the record. Nothing in this
paragraph is intended to | 23 |
| prohibit the parent or guardian of a recipient who is
at | 24 |
| least 12 but under 18 years from requesting and receiving |
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| the following
information: current physical and mental | 2 |
| condition, diagnosis, treatment needs,
services provided, | 3 |
| and services needed, including medication, if any;
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| (4) the guardian of a recipient who is 18 years or | 5 |
| older;
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| (5) an attorney or guardian ad litem who represents a | 7 |
| minor 12
years of age or older in any judicial or | 8 |
| administrative proceeding,
provided that the court or | 9 |
| administrative hearing officer has entered an
order | 10 |
| granting the attorney this right; or
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| (6) an agent appointed under a recipient's power of | 12 |
| attorney for health
care or for property, when the power of | 13 |
| attorney authorizes the access.
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| (7) an attorney-in-fact appointed under the Mental | 15 |
| Health Treatment Preference Declaration Act; or | 16 |
| (8) any person in whose care and custody the recipient | 17 |
| has been placed pursuant to Section 3-811 of the Mental | 18 |
| Health and Developmental Disabilities Code. | 19 |
| (b) Assistance in interpreting the record may be provided | 20 |
| without charge
and shall be provided if the person inspecting | 21 |
| the record is under 18 years
of age. However, access may in no | 22 |
| way be denied or limited if the person
inspecting the record | 23 |
| refuses the assistance. A reasonable fee may be
charged for | 24 |
| duplication of a record. However, when requested to do so in
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| writing by any indigent recipient, the custodian of the records | 26 |
| shall
provide at no charge to the recipient, or to the |
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| Guardianship and Advocacy
Commission, the agency designated by | 2 |
| the Governor under Section 1 of the
Protection and Advocacy for | 3 |
| Developmentally Disabled Persons Act or to any
other | 4 |
| not-for-profit agency whose primary purpose is to provide free | 5 |
| legal
services or advocacy for the indigent and who has | 6 |
| received written
authorization from the recipient under | 7 |
| Section 5 of this Act to receive his
records, one copy of any | 8 |
| records in its possession whose disclosure is
authorized under | 9 |
| this Act.
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| (c) Any person entitled to access to a record under this | 11 |
| Section may submit
a written statement concerning any disputed | 12 |
| or new information, which statement
shall be entered into the | 13 |
| record. Whenever any disputed part of a record
is disclosed, | 14 |
| any submitted statement relating thereto shall accompany the
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| disclosed part. Additionally, any person entitled to access may | 16 |
| request
modification of any part of the record which he | 17 |
| believes is incorrect or
misleading. If the request is refused, | 18 |
| the person may seek a court order
to compel modification.
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| (d) Whenever access or modification is requested, the | 20 |
| request and any
action taken thereon shall be noted in the | 21 |
| recipient's record.
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| (Source: P.A. 88-484; 89-439, eff. 6-1-96 .)
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| (740 ILCS 110/9.2)
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| Sec. 9.2. Interagency disclosure of recipient information. | 25 |
| For the
purposes of continuity of care, the Department of Human |
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| Services (as
successor to the Department of Mental Health and | 2 |
| Developmental
Disabilities), community agencies funded by the
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| Department of Human Services in that capacity, licensed private | 4 |
| hospitals receiving payments from the Department of Human | 5 |
| Services or the Department of Healthcare and Family Services, | 6 |
| State correctional facilities prisons operated by the | 7 |
| Department of Corrections , mental health facilities operated | 8 |
| by a county, and jails operated by any
county of this State may | 9 |
| disclose a
recipient's record or communications, without | 10 |
| consent, to each other, but only
for the purpose of admission, | 11 |
| treatment, planning, or discharge. Entities
shall not | 12 |
| redisclose any personally identifiable information, unless | 13 |
| necessary
for admission, treatment, planning, or discharge of | 14 |
| the identified recipient to
another setting.
No records or | 15 |
| communications may be disclosed to a county jail or State | 16 |
| correctional facility prison pursuant to
this Section unless | 17 |
| the Department has entered into a written agreement with
the | 18 |
| county jail or State correctional facility prison requiring | 19 |
| that the county jail or State correctional facilities prison | 20 |
| adopt written policies and
procedures designed to ensure that | 21 |
| the records and communications are disclosed
only to those | 22 |
| persons employed by or under contract to the county jail or | 23 |
| State correctional facility prison who are
involved in the | 24 |
| provision of mental health services to inmates and that the
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| records and communications are protected from further | 26 |
| disclosure.
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| (Source: P.A. 94-182, eff. 7-12-05.)
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| (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
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| Sec. 10. (a) Except as provided herein, in any civil, | 4 |
| criminal,
administrative, or legislative proceeding, or in any | 5 |
| proceeding preliminary
thereto, a recipient, and a therapist on | 6 |
| behalf and in the interest of a
recipient, has the privilege to | 7 |
| refuse to disclose and to prevent the
disclosure of the | 8 |
| recipient's record or communications.
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| (1) Records and communications may be disclosed in a | 10 |
| civil, criminal
or administrative proceeding in which the | 11 |
| recipient introduces his mental
condition or any aspect of | 12 |
| his services received for such condition as an
element of | 13 |
| his claim or defense, if and only to the extent the court | 14 |
| in
which the proceedings have been brought, or, in the case | 15 |
| of an administrative
proceeding, the court to which an | 16 |
| appeal or other action for review of an
administrative | 17 |
| determination may be taken, finds, after in camera
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| examination of testimony or other evidence, that it is | 19 |
| relevant, probative,
not unduly prejudicial or | 20 |
| inflammatory, and otherwise clearly
admissible; that other | 21 |
| satisfactory evidence is demonstrably unsatisfactory
as | 22 |
| evidence of the facts sought to be established by such | 23 |
| evidence; and
that disclosure is more important to the | 24 |
| interests of substantial justice
than protection from | 25 |
| injury to the therapist-recipient relationship or to
the |
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| recipient or other whom disclosure is likely to harm. | 2 |
| Except in a criminal
proceeding in which the recipient, who | 3 |
| is accused in that proceeding, raises
the defense of | 4 |
| insanity, no record or communication between a therapist
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| and a recipient shall be deemed relevant for purposes of | 6 |
| this subsection,
except the fact of treatment, the cost of | 7 |
| services and the ultimate
diagnosis unless the party | 8 |
| seeking disclosure of the communication clearly
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| establishes in the trial court a compelling need for its | 10 |
| production.
However, for purposes of this Act, in any | 11 |
| action brought or defended under
the Illinois Marriage and | 12 |
| Dissolution of Marriage Act, or in any action in
which pain | 13 |
| and suffering is an element of the claim, mental condition | 14 |
| shall
not be deemed to be introduced merely by making such | 15 |
| claim and shall be
deemed to be introduced only if the | 16 |
| recipient or a witness on his behalf
first testifies | 17 |
| concerning the record or communication.
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| (2) Records or communications may be disclosed in a | 19 |
| civil proceeding after
the recipient's death when the | 20 |
| recipient's physical or mental condition
has been | 21 |
| introduced as an element of a claim or defense by any party | 22 |
| claiming
or defending through or as a beneficiary of the | 23 |
| recipient, provided the
court finds, after in camera | 24 |
| examination of the evidence, that it is relevant,
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| probative, and otherwise clearly admissible; that other | 26 |
| satisfactory evidence
is not available regarding the facts |
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| sought to be established by such evidence;
and that | 2 |
| disclosure is more important to the interests of | 3 |
| substantial justice
than protection from any injury which | 4 |
| disclosure is likely to cause.
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| (3) In the event of a claim made or an action filed by | 6 |
| a recipient, or,
following the recipient's death, by any | 7 |
| party claiming as a beneficiary
of the recipient for injury | 8 |
| caused in the course of providing services to such | 9 |
| recipient, the therapist and other persons whose actions
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| are alleged
to have been the cause of injury may disclose | 11 |
| pertinent records and
communications to an attorney or | 12 |
| attorneys engaged to render advice about
and to provide | 13 |
| representation in connection with such matter and to | 14 |
| persons
working under the supervision of such attorney or | 15 |
| attorneys, and may
testify as to such records or
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| communication in any administrative, judicial
or discovery | 17 |
| proceeding for the purpose of preparing and presenting a
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| defense against such claim or action.
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| (4) Records and communications made to or by a | 20 |
| therapist in the course
of examination ordered by a court | 21 |
| for good cause shown may, if otherwise
relevant and | 22 |
| admissible, be disclosed in a civil, criminal,
or | 23 |
| administrative proceeding in which the recipient is a party | 24 |
| or in
appropriate pretrial proceedings, provided such | 25 |
| court has found that the
recipient has been as adequately | 26 |
| and as effectively as possible informed
before submitting |
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| to such examination that such records and communications
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| would not be considered confidential or privileged. Such | 3 |
| records and
communications shall be admissible only as to | 4 |
| issues involving the
recipient's physical or mental | 5 |
| condition and only to the extent that these
are germane to | 6 |
| such proceedings.
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| (5) Records and communications may be disclosed in a | 8 |
| proceeding under
the Probate Act of 1975, to determine a | 9 |
| recipient's competency or need for
guardianship, provided | 10 |
| that the disclosure is made only with respect to that | 11 |
| issue.
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| (6) Records and communications may be disclosed when | 13 |
| such are made during
treatment which the recipient is | 14 |
| ordered to undergo to render him fit to
stand trial on a | 15 |
| criminal charge, provided that the disclosure is made only
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| with respect to the issue of fitness to stand trial.
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| (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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| with the proceeding in which
disclosure is made.
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| (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) 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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| (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
| 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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| (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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| 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.
| 9 |
| (12) Records and communications of a recipient may be
| 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.
| 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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| 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
| 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.
| 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
| 23 |
| possible violations of recipient rights. The request shall | 24 |
| state the
purpose for which disclosure is sought.
| 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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| 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
| 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
| 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.
| 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.
| 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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| issued by a judge, authorizing the disclosure of the records
or | 2 |
| the issuance of the subpoena. No such written order shall be | 3 |
| issued without written notice of the motion to the recipient | 4 |
| and the treatment provider. Prior to issuance of the order, | 5 |
| each party or other person entitled to notice shall be | 6 |
| permitted an opportunity to be heard pursuant to subsection (b) | 7 |
| of this Section. No person shall comply with a subpoena for
| 8 |
| records or communications under this Act, unless the subpoena | 9 |
| is
accompanied by a written order authorizing the issuance of | 10 |
| the subpoena or
the disclosure of the records. Each subpoena | 11 |
| duces tecum issued by a court or administrative agency or | 12 |
| served on any person pursuant to this subsection (d) shall | 13 |
| include the following language: "No person shall comply with a | 14 |
| subpoena for mental health records or communications pursuant | 15 |
| to Section 10 of the Mental Health and Developmental | 16 |
| Disabilities Confidentiality Act, 740 ILCS 110/10, unless the | 17 |
| subpoena is accompanied by a written order that authorizes the | 18 |
| issuance of the subpoena and the disclosure of records or | 19 |
| communications."
| 20 |
| (e) When a person has been transported by a peace officer | 21 |
| to a mental
health facility, then upon the request of a peace | 22 |
| officer, if the person is
allowed to leave the mental health | 23 |
| facility within 48 hours of arrival,
excluding Saturdays, | 24 |
| Sundays, and holidays, the facility director shall notify
the | 25 |
| local law enforcement authority prior to the release of the | 26 |
| person. The
local law enforcement authority may re-disclose the |
|
|
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| information as necessary to
alert the appropriate enforcement | 2 |
| or prosecuting authority.
| 3 |
| (f) A recipient's records and communications shall be | 4 |
| disclosed to the
Inspector General of the Department of Human | 5 |
| Services within 10 business days
of a request by the Inspector | 6 |
| General
(i) in the course of an investigation authorized by the | 7 |
| Abused and Neglected Long
Term Care Facility Residents | 8 |
| Reporting Act and applicable rule or (ii) during the course of | 9 |
| an assessment authorized by the Abuse of Adults with | 10 |
| Disabilities Intervention Act and applicable rule. The request
| 11 |
| shall be
in writing and signed by the Inspector General or his | 12 |
| or her designee. The
request shall state the purpose for which | 13 |
| disclosure is sought. Any person who
knowingly and willfully | 14 |
| refuses to comply with such a request is guilty of a
Class A | 15 |
| misdemeanor.
| 16 |
| (Source: P.A. 92-358, eff. 8-15-01; 92-708, eff. 7-19-02; | 17 |
| 93-751, eff. 7-15-04.)
| 18 |
| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
|
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 405 ILCS 5/1-104.5 |
|
| 4 |
| 405 ILCS 5/3-602 |
from Ch. 91 1/2, par. 3-602 |
| 5 |
| 405 ILCS 5/3-603 |
from Ch. 91 1/2, par. 3-603 |
| 6 |
| 405 ILCS 5/3-607 |
from Ch. 91 1/2, par. 3-607 |
| 7 |
| 405 ILCS 5/3-610 |
from Ch. 91 1/2, par. 3-610 |
| 8 |
| 405 ILCS 5/3-702 |
from Ch. 91 1/2, par. 3-702 |
| 9 |
| 405 ILCS 5/3-703 |
from Ch. 91 1/2, par. 3-703 |
| 10 |
| 740 ILCS 110/4 |
from Ch. 91 1/2, par. 804 |
| 11 |
| 740 ILCS 110/9.2 |
|
| 12 |
| 740 ILCS 110/10 |
from Ch. 91 1/2, par. 810 |
| |
|