Full Text of HB1443 100th General Assembly
HB1443enr 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 adding Article 5A to Chapter | 6 | | III 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 | 12 | | receive
counseling services or psychotherapy on an outpatient | 13 | | basis. | 14 | | (a) Any minor 12 years of age or older may request and | 15 | | receive
counseling services or psychotherapy on an outpatient | 16 | | basis. The consent
of the minor's parent, guardian, or person | 17 | | in loco parentis shall not be necessary
to authorize outpatient | 18 | | counseling services or psychotherapy. However, until the | 19 | | consent of the minor's parent, guardian,
or person in loco | 20 | | parentis has been obtained, outpatient counseling services or
| 21 | | psychotherapy provided to a minor under the age of 17
shall be | 22 | | initially limited to not more than 8 90-minute sessions. The |
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| 1 | | service provider shall consider the factors contained in | 2 | | subsection (a-1) of this Section throughout the therapeutic | 3 | | process to determine, through consultation with the minor, | 4 | | whether attempting to obtain the consent of a parent, guardian, | 5 | | or person in loco parentis would be detrimental to the minor's | 6 | | well-being. No later than the eighth session, the service | 7 | | provider shall determine and share with the minor the service | 8 | | provider'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 | 17 | | order for the service provider to find that obtaining the | 18 | | consent of a parent, guardian, or person in loco parentis would | 19 | | be 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 | 6 | | parentis shall not be informed of the counseling services or | 7 | | psychotherapy without the written consent of the minor unless | 8 | | the service provider believes the disclosure is necessary under | 9 | | subsection (a) of this Section. If the facility director or | 10 | | service provider intends to disclose the fact of counseling | 11 | | services or psychotherapy, the minor shall be so informed and | 12 | | if the minor chooses to discontinue counseling services or | 13 | | psychotherapy after being informed of the decision of the | 14 | | facility director or service provider to disclose the fact of | 15 | | counseling services or psychotherapy to the parent, guardian, | 16 | | or person in loco parentis, then the parent, guardian, or | 17 | | person in loco parentis shall not be notified. Under the Mental | 18 | | Health and Developmental Disabilities Confidentiality Act, the | 19 | | facility director, his or her designee, or the service provider | 20 | | shall not allow the minor's parent, guardian, or person in loco | 21 | | parentis, upon request, to inspect or copy the minor's record | 22 | | or any part of the record if the service provider finds that | 23 | | there are compelling reasons for denying the access. Nothing in | 24 | | this Section shall be interpreted to limit a minor's privacy | 25 | | and confidentiality protections under State law. | 26 | | (b) The minor's parent, guardian, or person in loco |
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| 1 | | parentis shall not
be liable for the costs of outpatient | 2 | | counseling services or psychotherapy which
is received by the | 3 | | minor without the consent of the minor's parent, guardian,
or | 4 | | person in loco parentis. | 5 | | (c) Counseling services or psychotherapy provided under | 6 | | this Section shall be provided in compliance with the | 7 | | Professional Counselor and Clinical Professional Counselor | 8 | | Licensing and Practice Act, the Clinical Social Work and Social | 9 | | Work Practice Act, or the Clinical Psychologist Licensing Act. | 10 | | (405 ILCS 5/3-501 rep.) | 11 | | Section 105. The Mental Health and Developmental | 12 | | Disabilities Code is amended by repealing Section 3-501.
| 13 | | Section 999. Effective date. This Act takes effect upon | 14 | | becoming law.
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