Full Text of HB3709 100th General Assembly
HB3709enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Section 3-501 as | 6 | | follows:
| 7 | | (405 ILCS 5/3-501) (from Ch. 91 1/2, par. 3-501)
| 8 | | Sec. 3-501. Minors 12 years of age or older request to | 9 | | receive
counseling services or psychotherapy on an outpatient | 10 | | basis. | 11 | | (a) Any minor 12 years of age or older may request and | 12 | | receive
counseling services or psychotherapy on an outpatient | 13 | | basis. The consent
of the minor's his parent, guardian , or | 14 | | person in loco parentis shall not be necessary
to authorize | 15 | | outpatient counseling services or psychotherapy. The minor's | 16 | | parent,
guardian or person in loco parentis shall not be | 17 | | informed of such counseling
or psychotherapy without the | 18 | | consent of the minor unless the facility director
believes such | 19 | | disclosure is necessary. If the facility director intends
to | 20 | | disclose the fact of counseling or psychotherapy, the minor | 21 | | shall be
so informed. However, until the consent of the minor's | 22 | | parent, guardian ,
or person in loco parentis has been obtained, | 23 | | outpatient counseling services or
psychotherapy provided to a |
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| 1 | | minor under the age of 17
shall be initially limited to not | 2 | | more than 8 90-minute sessions 5 sessions, a session lasting | 3 | | not more
than 45 minutes . The service provider shall consider | 4 | | the factors contained in subsection (a-1) of this Section | 5 | | throughout the therapeutic process to determine, through | 6 | | consultation with the minor, whether attempting to obtain the | 7 | | consent of a parent, guardian, or person in loco parentis would | 8 | | be detrimental to the minor's well-being. No later than the | 9 | | eighth session, the service provider shall determine and share | 10 | | with the minor the service provider's decision as described | 11 | | below: | 12 | | (1) If the service provider finds that attempting to | 13 | | obtain consent would not be detrimental to the minor's | 14 | | well-being, the provider shall notify the minor that the | 15 | | consent of a parent, guardian, or person in loco parentis | 16 | | is required to continue counseling services or | 17 | | psychotherapy. | 18 | | (2) If the minor does not permit the service provider | 19 | | to notify the parent, guardian, or person in loco parentis | 20 | | for the purpose of consent after the eighth session the | 21 | | service provider shall discontinue counseling services or | 22 | | psychotherapy and shall not notify the parent, guardian, or | 23 | | person in loco parentis about the counseling services or | 24 | | psychotherapy. | 25 | | (3) If the minor permits the service provider to notify | 26 | | the parent, guardian, or person in loco parentis for the |
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| 1 | | purpose of consent, without discontinuing counseling | 2 | | services or psychotherapy, the service provider shall make | 3 | | reasonable attempts to obtain consent. The service | 4 | | provider shall document each attempt to obtain consent in | 5 | | the minor's clinical record. The service provider may | 6 | | continue to provide counseling services or psychotherapy | 7 | | without the consent of the minor's parent, guardian, or | 8 | | person in loco parentis if: | 9 | | (A) the service provider has made at least 2 | 10 | | unsuccessful attempts to contact the minor's parent, | 11 | | guardian, or person in loco parentis to obtain consent; | 12 | | and | 13 | | (B) the service provider has obtained the minor's | 14 | | written consent. | 15 | | (4) If, after the eighth session, the service provider | 16 | | of counseling services or psychotherapy determines that
| 17 | | obtaining consent would be detrimental to the minor's
| 18 | | well-being, the service provider shall consult with his or | 19 | | her supervisor when possible to review and authorize the | 20 | | determination under subsection (a) of this Section. The | 21 | | service provider shall document the basis
for the | 22 | | determination in the minor's clinical record and
may then | 23 | | accept the minor's written consent to continue to
provide | 24 | | counseling services or psychotherapy without also
| 25 | | obtaining the consent of a parent, guardian, or person in
| 26 | | loco parentis. |
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| 1 | | (5) If the minor continues to receive counseling | 2 | | services or psychotherapy without the consent of a parent, | 3 | | guardian, or person in loco parentis beyond 8 sessions, the
| 4 | | service provider shall evaluate, in consultation with his
| 5 | | or her supervisor when possible, his or her determination
| 6 | | under this subsection (a), and review the determination
| 7 | | every 60 days until counseling services or psychotherapy | 8 | | ends or the minor reaches age 17. If it is determined | 9 | | appropriate to notify the parent, guardian, or person in | 10 | | loco parentis and the minor consents, the service provider | 11 | | shall proceed under paragraph (3) of subsection (a) of this | 12 | | Section. | 13 | | (6) When counseling services or psychotherapy are | 14 | | related to allegations of neglect, sexual abuse, or mental | 15 | | or physical abuse by the minor's parent, guardian, or | 16 | | person in loco parentis, obtaining consent of that parent, | 17 | | guardian, or person in loco parentis shall be presumed to | 18 | | be detrimental to the minor's well-being. | 19 | | (a-1) Each of the following factors must be present in | 20 | | order for the service provider to find that obtaining the | 21 | | consent of a parent, guardian, or person in loco parentis would | 22 | | be detrimental to the minor's well-being: | 23 | | (1) requiring the consent or notification of a parent, | 24 | | guardian, or person in loco parentis would cause the minor | 25 | | to reject the counseling services or psychotherapy; | 26 | | (2) the failure to provide the counseling services or |
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| 1 | | psychotherapy would be detrimental to the minor's | 2 | | well-being; | 3 | | (3) the minor has knowingly and voluntarily sought the | 4 | | counseling services or psychotherapy; and | 5 | | (4) in the opinion of the service provider, the minor | 6 | | is mature enough to participate in counseling services or | 7 | | psychotherapy productively. | 8 | | (a-2) The minor's parent, guardian, or person in loco | 9 | | parentis shall not be informed of the counseling services or | 10 | | psychotherapy without the written consent of the minor unless | 11 | | the service provider believes the disclosure is necessary under | 12 | | subsection (a) of this Section. If the facility director or | 13 | | service provider intends to disclose the fact of counseling | 14 | | services or psychotherapy, the minor shall be so informed and | 15 | | if the minor chooses to discontinue counseling services or | 16 | | psychotherapy after being informed of the decision of the | 17 | | facility director or service provider to disclose the fact of | 18 | | counseling services or psychotherapy to the parent, guardian, | 19 | | or person in loco parentis, then the parent, guardian, or | 20 | | person in loco parentis shall not be notified. Under the Mental | 21 | | Health and Developmental Disabilities Confidentiality Act, the | 22 | | facility director, his or her designee, or the service provider | 23 | | shall not allow the minor's parent, guardian, or person in loco | 24 | | parentis, upon request, to inspect or copy the minor's record | 25 | | or any part of the record if the service provider finds that | 26 | | there are compelling reasons for denying the access. Nothing in |
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| 1 | | this Section shall be interpreted to limit a minor's privacy | 2 | | and confidentiality protections under State law.
| 3 | | (b) The minor's parent, guardian , or person in loco | 4 | | parentis shall not
be liable for the costs of outpatient | 5 | | counseling services or psychotherapy which
is received by the | 6 | | minor without the consent of the minor's parent, guardian ,
or | 7 | | person in loco parentis.
| 8 | | (c) Counseling services or psychotherapy provided under | 9 | | this Section shall be provided in compliance with the | 10 | | Professional Counselor and Clinical Professional Counselor | 11 | | Licensing and Practice Act or the Clinical Psychologist | 12 | | Licensing Act. | 13 | | (Source: P.A. 86-922.)
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