Full Text of HB4867 95th General Assembly
HB4867eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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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 Confidentiality Act is amended by changing | 6 |
| Section 11 as follows:
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| (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
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| Sec. 11. Disclosure of records and communications. Records | 9 |
| and
communications may be disclosed:
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| (i) in accordance with the provisions of the
Abused and | 11 |
| Neglected Child Reporting Act, subsection (u) of Section 5 | 12 |
| of the Children and Family Services Act, or Section 7.4 of | 13 |
| the Child Care Act of 1969;
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| (ii) when, and to the extent, a
therapist, in his or | 15 |
| her sole discretion, determines that disclosure is
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| necessary to initiate or continue civil commitment or | 17 |
| involuntary treatment proceedings under the laws
of this | 18 |
| State or to otherwise protect the recipient or other person | 19 |
| against a
clear, imminent risk of serious physical or | 20 |
| mental injury or disease or death
being inflicted upon the | 21 |
| recipient or by the recipient on himself or another;
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| (iii) when, and to the extent disclosure is, in the | 23 |
| sole discretion of the
therapist, necessary to the |
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| provision of emergency medical care to a recipient
who is | 2 |
| unable to assert or waive his or her rights hereunder;
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| (iv) when
disclosure is necessary to collect sums or | 4 |
| receive third
party payment representing charges for | 5 |
| mental health or developmental
disabilities services | 6 |
| provided by a therapist or agency to a recipient
under | 7 |
| Chapter V of the Mental Health and Developmental | 8 |
| Disabilities Code or to
transfer debts under the | 9 |
| Uncollected State Claims Act; however, disclosure
shall be | 10 |
| limited to information needed to pursue collection, and the
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| information so disclosed shall not be used for any other | 12 |
| purposes nor shall it
be redisclosed except in connection | 13 |
| with collection activities;
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| (v) when
requested by a family member, the Department | 15 |
| of Human Services may assist in
the location of the | 16 |
| interment site of a deceased recipient who is interred in a
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| cemetery established under Section 100-26 of the Mental | 18 |
| Health and
Developmental Disabilities Administrative Act;
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| (vi) in judicial proceedings
under Article VIII of | 20 |
| Chapter III and Article V of Chapter IV of the Mental
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| Health and Developmental Disabilities Code and proceedings | 22 |
| and investigations
preliminary thereto, to the State's | 23 |
| Attorney for the county or residence of a
person who is the | 24 |
| subject of such proceedings, or in which the person is | 25 |
| found,
or in which the facility is located, to the attorney | 26 |
| representing the recipient
in the judicial proceedings, to |
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| any person or agency providing mental health
services that | 2 |
| are the subject of the proceedings and to that person's or
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| agency's attorney, to any court personnel, including but | 4 |
| not limited to judges
and circuit court clerks, and to a | 5 |
| guardian ad litem if one has been appointed
by the court, | 6 |
| provided that the information so disclosed shall not be | 7 |
| utilized
for any other purpose nor be redisclosed except in | 8 |
| connection with the
proceedings or investigations;
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| (vii) when, and to the extent disclosure is
necessary | 10 |
| to comply with the requirements of the Census Bureau in | 11 |
| taking the
federal Decennial Census;
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| (viii) when, and to the extent, in the
therapist's sole | 13 |
| discretion, disclosure is necessary to warn or protect a
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| specific individual against whom a recipient has made a | 15 |
| specific threat of
violence where there exists a | 16 |
| therapist-recipient relationship or a special
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| recipient-individual relationship;
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| (ix) in accordance with the Sex Offender
Registration | 19 |
| Act;
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| (x) in accordance with the Rights of Crime Victims and
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| Witnesses Act; | 22 |
| (xi) in accordance with Section 6 of the Abused and | 23 |
| Neglected Long Term Care Facility Residents Reporting Act; | 24 |
| and | 25 |
| (xii) in accordance with Section 55 of the Abuse of | 26 |
| Adults with Disabilities Intervention Act.
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| Any person, institution, or agency, under
this Act, | 2 |
| participating in good faith in the making of a report under the
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| Abused and Neglected Child Reporting Act or in the disclosure | 4 |
| of records and
communications under this Section, shall have | 5 |
| immunity from any liability,
civil, criminal or otherwise, that | 6 |
| might result by reason of such action. For
the purpose of any | 7 |
| proceeding, civil or criminal, arising out of a report or
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| disclosure under this Section, the good faith of any person, | 9 |
| institution, or
agency so reporting or disclosing shall be | 10 |
| presumed.
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| Notwithstanding any other rulemaking authority that may | 12 |
| exist, neither the Governor nor any agency or agency head under | 13 |
| the jurisdiction of the Governor has any authority to make or | 14 |
| promulgate rules to implement or enforce the provisions of this | 15 |
| amendatory Act of the 95th General Assembly. If, however, the | 16 |
| Governor believes that rules are necessary to implement or | 17 |
| enforce the provisions of this amendatory Act of the 95th | 18 |
| General Assembly, the Governor may suggest rules to the General | 19 |
| Assembly by filing them with the Clerk of the House and | 20 |
| Secretary of the Senate and by requesting that the General | 21 |
| Assembly authorize such rulemaking by law, enact those | 22 |
| suggested rules into law, or take any other appropriate action | 23 |
| in the General Assembly's discretion. Nothing contained in this | 24 |
| amendatory Act of the 95th General Assembly shall be | 25 |
| interpreted to grant rulemaking authority under any other | 26 |
| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of | 2 |
| the 95th General Assembly, "rules" is given the meaning | 3 |
| contained in Section 1-70 of the Illinois Administrative | 4 |
| Procedure Act, and "agency" and "agency head" are given the | 5 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 6 |
| Administrative Procedure Act to the extent that such | 7 |
| definitions apply to agencies or agency heads under the | 8 |
| jurisdiction of the Governor. | 9 |
| (Source: P.A. 94-852, eff. 6-13-06; 94-1010, eff. 10-1-06; | 10 |
| 95-331, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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