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90_SB0240sam002
LRB9001118LDdvam01
1 AMENDMENT TO SENATE BILL 240
2 AMENDMENT NO. . Amend Senate Bill 240, AS AMENDED,
3 by inserting after the end of Section 10 the following:
4 "Section 15. The Mental Health and Developmental
5 Disabilities Confidentiality Act is amended by changing
6 Section 9 as follows:
7 (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
8 Sec. 9. Therapist's disclosure without consent. In the
9 course of providing services and after the conclusion of the
10 provision of services, a therapist may disclose a record or
11 communications without consent to:
12 (1) the therapist's supervisor, a consulting
13 therapist, members of a staff team participating in the
14 provision of services, a record custodian, or a person
15 acting under the supervision and control of the
16 therapist;
17 (2) persons conducting a peer review of the
18 services being provided;
19 (3) the Institute for Juvenile Research and the
20 Institute for the Study of Developmental Disabilities;
21 and
22 (4) an attorney or advocate consulted by a
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1 therapist or agency which provides services concerning
2 the therapist's or agency's legal rights or duties in
3 relation to the recipient and the services being
4 provided; and
5 (5) the Inspector General of the Department of Children
6 and Family Services for the sole purpose of conducting
7 investigations authorized under Section 3.5 of the Children
8 and Family Services Act.
9 In the course of providing services, a therapist may
10 disclose a record or communications without consent to any
11 department, agency, institution or facility which has custody
12 of the recipient pursuant to State statute or any court order
13 of commitment.
14 Information may be disclosed under this Section only to
15 the extent that knowledge of the record or communications is
16 essential to the purpose for which disclosure is made and
17 only after the recipient is informed that such disclosure may
18 be made. A person to whom disclosure is made under this
19 Section shall not redisclose any information except as
20 provided in this Act.
21 Notwithstanding any other provision of this Section, a
22 therapist has the right to communicate at any time and in any
23 fashion with his or her counsel or professional liability
24 insurance carrier, or both, concerning any care or treatment
25 he or she provided, or assisted in providing, to any
26 recipient. A therapist has the right to communicate at any
27 time and in any fashion with his or her present or former
28 employer, principal, partner, professional corporation, or
29 professional liability insurance carrier, or counsel for any
30 of those entities, concerning any care or treatment he or she
31 provided, or assisted in providing, to the recipient within
32 the scope of his or her employment, affiliation, or other
33 agency with the employer, principal, partner, or professional
34 corporation.
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1 This amendatory Act of 1995 applies to causes of action
2 filed on or after its effective date.
3 (Source: P.A. 89-7, eff. 3-9-95.)".