Bill Amendment: IL HB3286 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DOMESTIC VIOLENCE-RECORDS

Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [HB3286 Detail]

Download: Illinois-2025-HB3286-House_Amendment_002.html

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Rep. Maurice A. West, II

Filed: 2/18/2026

 

 

 

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AMENDMENT TO HOUSE BILL 3286
AMENDMENT NO. ______. Amend House Bill 3286 by replacing
everything after the enacting clause with the following:
"Section 5. The Substance Use Disorder Act is amended by
changing Section 30-5 as follows:
(20 ILCS 301/30-5)
Sec. 30-5. Patients' rights established.
(a) For purposes of this Section, "patient" means any
person who is receiving or has received early intervention,
treatment, or other recovery support services under this Act
or any category of service licensed as "intervention" under
this Act.
(b) No patient shall be deprived of any rights, benefits,
or privileges guaranteed by law, the Constitution of the
United States of America, or the Constitution of the State of
Illinois solely because of his or her status as a patient.

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(c) Persons who have substance use disorders who are also
suffering from medical conditions shall not be discriminated
against in admission or treatment by any hospital that
receives support in any form supported in whole or in part by
funds appropriated to any State department or agency.
(d) Every patient shall have impartial access to services
without regard to race, religion, sex, ethnicity, age, sexual
orientation, gender identity, marital status, or other
disability.
(e) Patients shall be permitted the free exercise of
religion.
(f) Every patient's personal dignity shall be recognized
in the provision of services, and a patient's personal privacy
shall be assured and protected within the constraints of his
or her individual treatment.
(g) Treatment services shall be provided in the least
restrictive environment possible.
(h) Each patient receiving treatment services shall be
provided an individual treatment plan, which shall be
periodically reviewed and updated as mandated by
administrative rule.
(i) Treatment shall be person-centered, meaning that every
patient shall be permitted to participate in the planning of
his or her total care and medical treatment to the extent that
his or her condition permits.
(j) A person shall not be denied treatment solely because

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he or she has withdrawn from treatment against medical advice
on a prior occasion or had prior treatment episodes.
(k) The patient in residential treatment shall be
permitted visits by family and significant others, unless such
visits are clinically contraindicated.
(l) A patient in residential treatment shall be allowed to
conduct private telephone conversations with family and
friends unless clinically contraindicated.
(m) A patient in residential treatment shall be permitted
to send and receive mail without hindrance, unless clinically
contraindicated.
(n) A patient shall be permitted to manage his or her own
financial affairs unless the patient or the patient's
guardian, or if the patient is a minor, the patient's parent,
authorizes another competent person to do so.
(o) A patient shall be permitted to request the opinion of
a consultant at his or her own expense, or to request an
in-house review of a treatment plan, as provided in the
specific procedures of the provider. A treatment provider is
not liable for the negligence of any consultant.
(p) Unless otherwise prohibited by State or federal law,
every patient shall be permitted to obtain from his or her own
physician, the treatment provider, or the treatment provider's
consulting physician complete and current information
concerning the nature of care, procedures, and treatment that
he or she will receive.

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(q) A patient shall be permitted to refuse to participate
in any experimental research or medical procedure without
compromising his or her access to other, non-experimental
services. Before a patient is placed in an experimental
research or medical procedure, the provider must first obtain
his or her informed written consent or otherwise comply with
the federal requirements regarding the protection of human
subjects contained in 45 CFR Part 46.
(r) All medical treatment and procedures shall be
administered as ordered by a physician and in accordance with
all Department rules.
(s) Every patient in treatment shall be permitted to
refuse medical treatment and to know the consequences of such
action. Such refusal by a patient shall free the treatment
licensee from the obligation to provide the treatment.
(t) Unless otherwise prohibited by State or federal law,
every patient, patient's guardian, or parent, if the patient
is a minor, shall be permitted to inspect and copy all clinical
and other records kept by the intervention or treatment
licensee or by his or her physician concerning his or her care
and maintenance. The licensee or physician may charge a
reasonable fee for the duplication of a record.
(u) No owner, licensee, administrator, employee, or agent
of a licensed intervention or treatment program shall abuse or
neglect a patient. It is the duty of any individual who becomes
aware of such abuse or neglect to report it to the Department

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immediately.
(v) The licensee may refuse access to any person if the
actions of that person are or could be injurious to the health
and safety of a patient or the licensee, or if the person seeks
access for commercial purposes.
(w) All patients admitted to community-based treatment
facilities shall be considered voluntary treatment patients
and such patients shall not be contained within a locked
setting.
(x) Patients and their families or legal guardians shall
have the right to present complaints to the provider or the
Department concerning the quality of care provided to the
patient, without threat of discharge or reprisal in any form
or manner whatsoever. The complaint process and procedure
shall be adopted by the Department by rule. The treatment
provider shall have in place a mechanism for receiving and
responding to such complaints, and shall inform the patient
and the patient's family or legal guardian of this mechanism
and how to use it. The provider shall analyze any complaint
received and, when indicated, take appropriate corrective
action. Every patient and his or her family member or legal
guardian who makes a complaint shall receive a timely response
from the provider that substantively addresses the complaint.
The provider shall inform the patient and the patient's family
or legal guardian about other sources of assistance if the
provider has not resolved the complaint to the satisfaction of

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the patient or the patient's family or legal guardian.
(y) A patient may refuse to perform labor at a program
unless such labor is a part of the patient's individual
treatment plan as documented in the patient's clinical record.
(z) A person who is in need of services may apply for
voluntary admission in the manner and with the rights provided
for under regulations promulgated by the Department. If a
person is refused admission, then staff, subject to rules
promulgated by the Department, shall refer the person to
another facility or to other appropriate services.
(aa) No patient shall be denied services based solely on
HIV status. Further, records and information governed by the
AIDS Confidentiality Act and the AIDS Confidentiality and
Testing Code (77 Ill. Adm. Code 697) shall be maintained in
accordance therewith.
(bb) Records of the identity, diagnosis, prognosis or
treatment of any patient maintained in connection with the
performance of any service or activity relating to substance
use disorder education, early intervention, intervention,
training, or treatment that is regulated, authorized, or
directly or indirectly assisted by any Department or agency of
this State or under any provision of this Act shall be
confidential and may be disclosed only in accordance with the
provisions of federal law and regulations concerning the
confidentiality of substance use disorder patient records as
contained in 42 U.S.C. Sections 290dd-2 and 42 CFR Part 2, or

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any successor federal statute or regulation.
(1) The following are exempt from the confidentiality
protections set forth in 42 CFR Section 2.12(c):
(A) Veteran's Administration records.
(B) Information obtained by the Armed Forces.
(C) Information given to qualified service
organizations.
(D) Communications within a program or between a
program and an entity having direct administrative
control over that program.
(E) Information given to law enforcement personnel
investigating a patient's commission of a crime on the
program premises or against program personnel.
(F) Reports under State law of incidents of
suspected child abuse and neglect; however,
confidentiality restrictions continue to apply to the
records and any follow-up information for disclosure
and use in civil or criminal proceedings arising from
the report of suspected abuse or neglect.
(2) If the information is not exempt, a disclosure can
be made only under the following circumstances:
(A) With patient consent as set forth in 42 CFR
Sections 2.1(b)(1) and 2.31, and as consistent with
pertinent State law.
(B) For medical emergencies as set forth in 42 CFR
Sections 2.1(b)(2) and 2.51.

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(C) For research activities as set forth in 42 CFR
Sections 2.1(b)(2) and 2.52.
(D) For audit evaluation activities as set forth
in 42 CFR Section 2.53.
(E) With a court order as set forth in 42 CFR
Sections 2.61 through 2.67.
(F) In response to a request made under the
Domestic Violence Fatality Review Act but only to the
extent not otherwise subject to 42 CFR Part 2.
(3) The restrictions on disclosure and use of patient
information apply whether the holder of the information
already has it, has other means of obtaining it, is a law
enforcement or other official, has obtained a subpoena, or
asserts any other justification for a disclosure or use
that is not permitted by 42 CFR Part 2. Any court orders
authorizing disclosure of patient records under this Act
must comply with the procedures and criteria set forth in
42 CFR Sections 2.64 and 2.65. Except as authorized by a
court order granted under this Section, no record referred
to in this Section may be used to initiate or substantiate
any charges against a patient or to conduct any
investigation of a patient.
(4) The prohibitions of this subsection shall apply to
records concerning any person who has been a patient,
regardless of whether or when the person ceases to be a
patient.

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(5) Any person who discloses the content of any record
referred to in this Section except as authorized shall,
upon conviction, be guilty of a Class A misdemeanor.
(6) The Department shall prescribe regulations to
carry out the purposes of this subsection. These
regulations may contain such definitions, and may provide
for such safeguards and procedures, including procedures
and criteria for the issuance and scope of court orders,
as in the judgment of the Department are necessary or
proper to effectuate the purposes of this Section, to
prevent circumvention or evasion thereof, or to facilitate
compliance therewith.
(cc) Each patient shall be given a written explanation of
all the rights enumerated in this Section and a copy, signed by
the patient, shall be kept in every patient record. If a
patient is unable to read such written explanation, it shall
be read to the patient in a language that the patient
understands. A copy of all the rights enumerated in this
Section shall be posted in a conspicuous place within the
program where it may readily be seen and read by program
patients and visitors.
(dd) The program shall ensure that its staff is familiar
with and observes the rights and responsibilities enumerated
in this Section.
(ee) Licensed organizations shall comply with the right of
any adolescent to consent to treatment without approval of the

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parent or legal guardian in accordance with the Consent by
Minors to Health Care Services Act.
(ff) At the point of admission for services, licensed
organizations must obtain written informed consent, as defined
in Section 1-10 and in administrative rule, from each client,
patient, or legal guardian.
(Source: P.A. 102-813, eff. 5-13-22.)
Section 10. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 7 as follows:
(740 ILCS 110/7) (from Ch. 91 1/2, par. 807)
Sec. 7. Review of therapist or agency; use of recipient's
record.
(a) When a therapist or agency which provides services is
being reviewed for purposes of licensure, statistical
compilation, research, evaluation, or other similar purpose, a
recipient's record may be used by the person conducting the
review to the extent that this is necessary to accomplish the
purpose of the review, provided that personally identifiable
data is removed from the record before use. Personally
identifiable data may be disclosed only in accordance with
Section 5 of this Act. Licensure and the like may not be
withheld or withdrawn for failure to disclose personally
identifiable data if consent is not obtained.

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(b) When an agency which provides services is being
reviewed for purposes of funding, accreditation, reimbursement
or audit by a State or federal agency or accrediting body, a
recipient's record may be used by the person conducting the
review and personally identifiable information may be
disclosed without consent, provided that the personally
identifiable information is necessary to accomplish the
purpose of the review.
For the purpose of this subsection, an inspection
investigation or site visit by the United States Department of
Justice regarding compliance with a pending consent decree is
considered an audit by a federal agency.
(c) An independent team of experts under Brian's Law shall
be entitled to inspect and copy the records of any recipient
whose death is being examined by such a team pursuant to the
mortality review process authorized by Brian's Law.
Information disclosed under this subsection may not be
redisclosed without the written consent of one of the persons
identified in Section 4 of this Act.
(d) Staff and any designee of the Illinois Criminal
Justice Information Authority, members of the Ad Hoc Statewide
Domestic Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board, and the regional
domestic violence fatality review teams are entitled to
receive, inspect, copy, and share the records covered by this
Act of any recipient subject to a domestic violence fatality

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review, including, but not limited to, a recipient who
experienced or caused a near-fatality or fatality related to
domestic violence, for the purposes of domestic violence
fatality review and in accordance with the responsibilities
required and authorized by the Domestic Violence Fatality
Review Act. Information disclosed under this Section is
subject to the confidentiality requirements of the Domestic
Violence Fatality Review Act.
(Source: P.A. 98-378, eff. 8-16-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.".