Bill Title: Amends the Mental Health and Developmental Disabilities Code. Provides that counseling services or psychotherapy on an outpatient basis provided to a minor 12 years of age or older must be provided by, or under the supervision of, a licensed service provider. Provides that until the consent of the minor's parent, legal guardian, or person in loco parentis has been obtained, outpatient counseling or psychotherapy provided to a minor under the age of 18 (rather than 17) shall be initially limited to not more than 8 90-minute sessions (rather than 5 sessions, a session lasting not more than 45 minutes). Provides that after the eighth session, the service provider shall consider specified statutory factors throughout the therapeutic process to determine, through consultation with the minor, whether attempting to obtain the consent of a parent, guardian, or person in loco parentis would be detrimental to the minor's well-being. Provides that obtaining the consent of a parent, guardian, or person in loco parentis shall be presumed to be detrimental to the minor's well-being for counseling services or psychotherapy related to allegations of neglect, sexual abuse, or mental or physical abuse by the minor's parent, guardian, or person in loco parentis. Provides that the minor's parent, guardian or person in loco parentis shall not be liable for the out-of-pocket costs, including co-payments, deductibles, or co-insurance (rather than costs)for outpatient counseling or psychotherapy which is received by the minor without the consent of the minor's parent, guardian, or person in loco parentis.
Spectrum: Strong Partisan Bill (Democrat 49-5)
Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0196
[HB3709 Detail]Download: Illinois-2017-HB3709-Chaptered.html
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| Public Act 100-0196
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| HB3709 Enrolled | LRB100 10929 RLC 21166 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental |
Disabilities Code is amended by changing Section 3-501 as |
follows:
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(405 ILCS 5/3-501) (from Ch. 91 1/2, par. 3-501)
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Sec. 3-501. Minors 12 years of age or older request to |
receive
counseling services or psychotherapy on an outpatient |
basis. |
(a) Any minor 12 years of age or older may request and |
receive
counseling services or psychotherapy on an outpatient |
basis. The consent
of the minor's his parent, guardian, or |
person in loco parentis shall not be necessary
to authorize |
outpatient counseling services or psychotherapy. The minor's |
parent,
guardian or person in loco parentis shall not be |
informed of such counseling
or psychotherapy without the |
consent of the minor unless the facility director
believes such |
disclosure is necessary. If the facility director intends
to |
disclose the fact of counseling or psychotherapy, the minor |
shall be
so informed. However, until the consent of the minor's |
parent, guardian,
or person in loco parentis has been obtained, |
outpatient counseling services or
psychotherapy provided to a |
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minor under the age of 17
shall be initially limited to not |
more than 8 90-minute sessions 5 sessions, a session lasting |
not more
than 45 minutes. The service provider shall consider |
the factors contained in subsection (a-1) of this Section |
throughout the therapeutic process to determine, through |
consultation with the minor, whether attempting to obtain the |
consent of a parent, guardian, or person in loco parentis would |
be detrimental to the minor's well-being. No later than the |
eighth session, the service provider shall determine and share |
with the minor the service provider's decision as described |
below: |
(1) If the service provider finds that attempting to |
obtain consent would not be detrimental to the minor's |
well-being, the provider shall notify the minor that the |
consent of a parent, guardian, or person in loco parentis |
is required to continue counseling services or |
psychotherapy. |
(2) If the minor does not permit the service provider |
to notify the parent, guardian, or person in loco parentis |
for the purpose of consent after the eighth session the |
service provider shall discontinue counseling services or |
psychotherapy and shall not notify the parent, guardian, or |
person in loco parentis about the counseling services or |
psychotherapy. |
(3) If the minor permits the service provider to notify |
the parent, guardian, or person in loco parentis for the |
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purpose of consent, without discontinuing counseling |
services or psychotherapy, the service provider shall make |
reasonable attempts to obtain consent. The service |
provider shall document each attempt to obtain consent in |
the minor's clinical record. The service provider may |
continue to provide counseling services or psychotherapy |
without the consent of the minor's parent, guardian, or |
person in loco parentis if: |
(A) the service provider has made at least 2 |
unsuccessful attempts to contact the minor's parent, |
guardian, or person in loco parentis to obtain consent; |
and |
(B) the service provider has obtained the minor's |
written consent. |
(4) If, after the eighth session, the service provider |
of counseling services or psychotherapy determines that
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obtaining consent would be detrimental to the minor's
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well-being, the service provider shall consult with his or |
her supervisor when possible to review and authorize the |
determination under subsection (a) of this Section. The |
service provider shall document the basis
for the |
determination in the minor's clinical record and
may then |
accept the minor's written consent to continue to
provide |
counseling services or psychotherapy without also
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obtaining the consent of a parent, guardian, or person in
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loco parentis. |
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(5) If the minor continues to receive counseling |
services or psychotherapy without the consent of a parent, |
guardian, or person in loco parentis beyond 8 sessions, the
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service provider shall evaluate, in consultation with his
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or her supervisor when possible, his or her determination
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under this subsection (a), and review the determination
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every 60 days until counseling services or psychotherapy |
ends or the minor reaches age 17. If it is determined |
appropriate to notify the parent, guardian, or person in |
loco parentis and the minor consents, the service provider |
shall proceed under paragraph (3) of subsection (a) of this |
Section. |
(6) When counseling services or psychotherapy are |
related to allegations of neglect, sexual abuse, or mental |
or physical abuse by the minor's parent, guardian, or |
person in loco parentis, obtaining consent of that parent, |
guardian, or person in loco parentis shall be presumed to |
be detrimental to the minor's well-being. |
(a-1) Each of the following factors must be present in |
order for the service provider to find that obtaining the |
consent of a parent, guardian, or person in loco parentis would |
be detrimental to the minor's well-being: |
(1) requiring the consent or notification of a parent, |
guardian, or person in loco parentis would cause the minor |
to reject the counseling services or psychotherapy; |
(2) the failure to provide the counseling services or |
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psychotherapy would be detrimental to the minor's |
well-being; |
(3) the minor has knowingly and voluntarily sought the |
counseling services or psychotherapy; and |
(4) in the opinion of the service provider, the minor |
is mature enough to participate in counseling services or |
psychotherapy productively. |
(a-2) The minor's parent, guardian, or person in loco |
parentis shall not be informed of the counseling services or |
psychotherapy without the written consent of the minor unless |
the service provider believes the disclosure is necessary under |
subsection (a) of this Section. If the facility director or |
service provider intends to disclose the fact of counseling |
services or psychotherapy, the minor shall be so informed and |
if the minor chooses to discontinue counseling services or |
psychotherapy after being informed of the decision of the |
facility director or service provider to disclose the fact of |
counseling services or psychotherapy to the parent, guardian, |
or person in loco parentis, then the parent, guardian, or |
person in loco parentis shall not be notified. Under the Mental |
Health and Developmental Disabilities Confidentiality Act, the |
facility director, his or her designee, or the service provider |
shall not allow the minor's parent, guardian, or person in loco |
parentis, upon request, to inspect or copy the minor's record |
or any part of the record if the service provider finds that |
there are compelling reasons for denying the access. Nothing in |
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this Section shall be interpreted to limit a minor's privacy |
and confidentiality protections under State law.
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(b) The minor's parent, guardian, or person in loco |
parentis shall not
be liable for the costs of outpatient |
counseling services or psychotherapy which
is received by the |
minor without the consent of the minor's parent, guardian,
or |
person in loco parentis.
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(c) Counseling services or psychotherapy provided under |
this Section shall be provided in compliance with the |
Professional Counselor and Clinical Professional Counselor |
Licensing and Practice Act or the Clinical Psychologist |
Licensing Act. |
(Source: P.A. 86-922.)
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