Illinois General Assembly - Full Text of Public Act 096-0466
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Public Act 096-0466




Public Act 096-0466
HB2845 Enrolled LRB096 05994 AJO 16075 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 11 as follows:
    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
    Sec. 11. Disclosure of records and communications. Records
and communications may be disclosed:
        (i) in accordance with the provisions of the Abused and
    Neglected Child Reporting Act, subsection (u) of Section 5
    of the Children and Family Services Act, or Section 7.4 of
    the Child Care Act of 1969;
        (ii) when, and to the extent, a therapist, in his or
    her sole discretion, determines that disclosure is
    necessary to initiate or continue civil commitment or
    involuntary treatment proceedings under the laws of this
    State or to otherwise protect the recipient or other person
    against a clear, imminent risk of serious physical or
    mental injury or disease or death being inflicted upon the
    recipient or by the recipient on himself or another;
        (iii) when, and to the extent disclosure is, in the
    sole discretion of the therapist, necessary to the
    provision of emergency medical care to a recipient who is
    unable to assert or waive his or her rights hereunder;
        (iv) when disclosure is necessary to collect sums or
    receive third party payment representing charges for
    mental health or developmental disabilities services
    provided by a therapist or agency to a recipient under
    Chapter V of the Mental Health and Developmental
    Disabilities Code or to transfer debts under the
    Uncollected State Claims Act; however, disclosure shall be
    limited to information needed to pursue collection, and the
    information so disclosed shall not be used for any other
    purposes nor shall it be redisclosed except in connection
    with collection activities;
        (v) when requested by a family member, the Department
    of Human Services may assist in the location of the
    interment site of a deceased recipient who is interred in a
    cemetery established under Section 100-26 of the Mental
    Health and Developmental Disabilities Administrative Act;
        (vi) in judicial proceedings under Article VIII of
    Chapter III and Article V of Chapter IV of the Mental
    Health and Developmental Disabilities Code and proceedings
    and investigations preliminary thereto, to the State's
    Attorney for the county or residence of a person who is the
    subject of such proceedings, or in which the person is
    found, or in which the facility is located, to the attorney
    representing the recipient in the judicial proceedings, to
    any person or agency providing mental health services that
    are the subject of the proceedings and to that person's or
    agency's attorney, to any court personnel, including but
    not limited to judges and circuit court clerks, and to a
    guardian ad litem if one has been appointed by the court,
    provided that the information so disclosed shall not be
    utilized for any other purpose nor be redisclosed except in
    connection with the proceedings or investigations;
        (vii) when, and to the extent disclosure is necessary
    to comply with the requirements of the Census Bureau in
    taking the federal Decennial Census;
        (viii) when, and to the extent, in the therapist's sole
    discretion, disclosure is necessary to warn or protect a
    specific individual against whom a recipient has made a
    specific threat of violence where there exists a
    therapist-recipient relationship or a special
    recipient-individual relationship;
        (ix) in accordance with the Sex Offender Registration
        (x) in accordance with the Rights of Crime Victims and
    Witnesses Act;
        (xi) in accordance with Section 6 of the Abused and
    Neglected Long Term Care Facility Residents Reporting Act;
        (xii) in accordance with Section 55 of the Abuse of
    Adults with Disabilities Intervention Act.
    Any person, institution, or agency, under this Act,
participating in good faith in the making of a report under the
Abused and Neglected Child Reporting Act or in the disclosure
of records and communications under this Section, shall have
immunity from any liability, civil, criminal or otherwise, that
might result by reason of such action. For the purpose of any
proceeding, civil or criminal, arising out of a report or
disclosure under this Section, the good faith of any person,
institution, or agency so reporting or disclosing shall be
(Source: P.A. 94-852, eff. 6-13-06; 94-1010, eff. 10-1-06;
95-331, eff. 8-21-07.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2009