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Public Act 92-0738
SB2022 Enrolled LRB9215724RCcd
AN ACT concerning mental health and developmental
disabilities confidentiality.
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 12 as follows:
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
Sec. 12. (a) If the United States Secret Service or the
Department of State Police requests information from a mental
health or developmental disability facility, as defined in
Section 1-107 and 1-114 of the Mental Health and
Developmental Disabilities Code, relating to a specific
recipient and the facility director determines that
disclosure of such information may be necessary to protect
the life of, or to prevent the infliction of great bodily
harm to, a public official, or a person under the protection
of the United States Secret Service, only the following
information may be disclosed: the recipient's name, address,
and age and the date of any admission to or discharge from a
facility; and any information which would indicate whether or
not the recipient has a history of violence or presents a
danger of violence to the person under protection. Any
information so disclosed shall be used for investigative
purposes only and shall not be publicly disseminated. Any
person participating in good faith in the disclosure of such
information in accordance with this provision shall have
immunity from any liability, civil, criminal or otherwise, if
such information is disclosed relying upon the representation
of an officer of the United States Secret Service or the
Department of State Police that a person is under the
protection of the United States Secret Service or is a public
official.
For the purpose of this subsection (a), the term "public
official" means the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, State
Treasurer or member of the General Assembly. The term shall
also include the spouse, child or children of a public
official.
(b) The Department of Human Services (acting as
successor to the Department of Mental Health and
Developmental Disabilities) and all private hospitals are
required, as hereafter described in this subsection, to
furnish the Department of State Police only such information
as may be required for the sole purpose of determining
whether an individual who may be or may have been a patient
is disqualified because of that status from receiving or
retaining a Firearm Owner's Identification Card under
subsection (e) of Section 8 of the Firearm Owners
Identification Card Act. All private hospitals shall, in the
form and manner required by the Department, provide such
information as shall be necessary for the Department to
comply with the reporting requirements to the Department of
State Police. Such information shall be furnished within 30
days after admission to a private hospital. Any such
information disclosed under this subsection shall remain
privileged and confidential, and shall not be redisclosed nor
utilized for any other purpose. The method of requiring the
providing of such information shall guarantee that no
information is released beyond what is necessary for this
purpose. In addition, the information disclosed shall be
provided by the Department within the time period established
by Section 24-3 of the Criminal Code of 1961 regarding the
delivery of firearms. The method used shall be sufficient to
provide the necessary information within the prescribed time
period, which may include periodically providing lists to the
Department of Human Services or any private hospital of
Firearm Owner's Identification Card applicants on which the
Department or hospital shall indicate the identities of those
individuals who are to its knowledge disqualified from having
a Firearm Owner's Identification Card for reasons described
herein. The Department may provide for a centralized source
of information for the State on this subject under its
jurisdiction.
Any person, institution, or agency, under this Act,
participating in good faith in the reporting or disclosure of
records and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued by
the Department shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or
criminal, arising out of a report or disclosure in accordance
with this provision, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed. The full extent of the immunity provided in this
subsection (b) shall apply to any person, institution or
agency that fails to make a report or disclosure in the good
faith belief that the report or disclosure would violate
federal regulations governing the confidentiality of alcohol
and drug abuse patient records implementing 42 U.S.C. 290dd-3
and 290ee-3.
For purposes of this subsection (b) only, the following
terms shall have the meaning prescribed:
(1) "Hospital" means only that type of institution
which is providing full-time residential facilities and
treatment for in-patients and excludes institutions, such
as community clinics, which only provide treatment to
out-patients.
(2) "Patient" shall mean only a person who is an
in-patient or resident of any hospital, not an
out-patient or client seen solely for periodic
consultation.
(c) Upon the request of a peace officer who takes a
person into custody and transports such person to a mental
health or developmental disability facility pursuant to
Section 3-606 or 4-404 of the Mental Health and Developmental
Disabilities Code or who transports a person from such
facility, a facility director shall furnish said peace
officer the name, address, age and name of the nearest
relative of the person transported to or from the mental
health or developmental disability facility. In no case
shall the facility director disclose to the peace officer any
information relating to the diagnosis, treatment or
evaluation of the person's mental or physical health.
For the purposes of this subsection (c), the terms
"mental health or developmental disability facility", "peace
officer" and "facility director" shall have the meanings
ascribed to them in the Mental Health and Developmental
Disabilities Code.
(d) Upon the request of a peace officer or prosecuting
authority who is conducting a bona fide investigation of a
criminal offense, or attempting to apprehend a fugitive from
justice, a facility director may disclose whether a person is
present at the facility. Upon request of a peace officer or
prosecuting authority who has a valid forcible felony warrant
issued, a facility director shall disclose: (1) whether the
person who is the subject of the warrant is present at the
facility and (2) the date of that person's discharge or
future discharge from the facility. The requesting peace
officer or prosecuting authority must furnish a case number
and the purpose of the investigation or an outstanding arrest
warrant at the time of the request. Any person, institution,
or agency participating in good faith in disclosing such
information in accordance with this subsection (d) is immune
from any liability, civil, criminal or otherwise, that might
result by reason of the action.
(Source: P.A. 89-507, eff. 7-1-97; 90-423, eff. 8-15-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 08, 2002.
Approved July 25, 2002.
Effective July 25, 2002.
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