|
| Public Act 099-0216
|
| HB4090 Enrolled | LRB099 09924 HEP 30140 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 |
Sections 11, 12.1, and 12.2 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 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 petitioner in the judicial proceedings, |
|
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. Information disclosed under this |
subsection shall not be utilized
for any other purpose nor |
be redisclosed except in connection with the
proceedings or |
investigations. Copies of any records provided to counsel |
for a petitioner shall be deleted or destroyed at the end |
of the proceedings and counsel for petitioner shall certify |
to the court in writing that he or she has done so. At the |
request of a recipient or his or her counsel, the court |
shall issue a protective order insuring the |
confidentiality of any records or communications provided |
to counsel for a petitioner;
|
(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 |
Act;
|
(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; and
|
(xiii) to an HIE as specifically allowed under this Act |
for HIE purposes and in accordance with any applicable |
requirements of the HIE; and . |
(xiv) to a law enforcement agency in connection with |
the investigation or recovery of a person who has left a |
mental health or developmental disability facility as |
defined in Section 1-107 or 1-114 of the Mental Health and |
Developmental Disabilities Code or the custody of the |
Department of Human Services without being duly discharged |
or being free to do so; however, disclosure shall be |
limited to
identifying information as defined in Section |
12.2 of this 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 |
presumed.
|
(Source: P.A. 97-333, eff. 8-12-11; 97-375, eff. 8-15-11; |
98-378, eff. 8-16-13.)
|
(740 ILCS 110/12.1) (from Ch. 91 1/2, par. 812.1)
|
Sec. 12.1.
A facility director or Department of Human |
Services employee who has reason to believe that a violation
of |
criminal law or other serious incident has occurred within a |
mental
health or developmental disability facility or while |
transporting a patient to or from a mental health or |
developmental disability facility shall report that violation |
or
incident and the identity of individuals with personal |
knowledge of the
facts related to the violation or incident to |
the appropriate law
enforcement and investigating agencies.
|
In the course of any investigation conducted pursuant to a |
report made
under this Section, any person with personal |
knowledge of the incident or
the circumstances surrounding the |
incident shall disclose that information
to the individuals |
conducting the investigation, except that
information |
regarding a recipient of services shall be limited solely to |
identifying information as defined in Section 12.2 of this Act |
as well as
information relating to the factual circumstances of |
the incident.
|
|
(Source: P.A. 86-1417.)
|
(740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)
|
Sec. 12.2.
(a) When a recipient who has been judicially or |
involuntarily
admitted, or is a forensic recipient admitted to |
a developmental disability
or mental health facility, as |
defined in Section 1-107 or 1-114 of the
Mental Health and |
Developmental Disabilities Code, is on an unauthorized
absence |
or otherwise has left the custody of the Department of Human |
Services facility without being discharged or
being free to do |
so, the facility director shall immediately furnish and
|
disclose to the appropriate local law enforcement agency |
identifying
information, as defined in this Section, and all |
further information
unrelated to the diagnosis, treatment or |
evaluation of the recipient's
mental or physical health that |
would aid the law enforcement agency in recovering
locating and |
apprehending the recipient and returning him or her to custody |
the facility. When a forensic recipient is on an unauthorized |
absence or otherwise has left the custody of the Department |
facility without being discharged or being free to do so, the |
facility director, or designee, of a mental health facility or |
developmental facility operated by the Department shall also |
immediately notify, in like manner, the Department of State |
Police.
|
(b) If a law enforcement agency requests information from a
|
developmental disability or mental health facility, as defined |
|
in Section
1-107 or 1-114 of the Mental Health and |
Developmental Disabilities Code,
relating to a recipient who |
has been admitted to the facility
and for whom a missing person |
report has been filed with a law enforcement
agency, the |
facility director shall, except in the case of a voluntary
|
recipient wherein the recipient's permission in writing must |
first be
obtained, furnish and disclose to the law enforcement |
agency identifying
information as is necessary to confirm or |
deny whether that person is, or
has been since the missing |
person report was filed, a resident of that
facility. The |
facility director shall notify the law enforcement agency if
|
the missing person is admitted after the request. Any person |
participating
in good faith in the disclosure of information in |
accordance with this
provision shall have immunity from any |
liability, civil, criminal, or
otherwise, if the information is |
disclosed relying upon the representation
of an officer of a |
law enforcement agency that a missing person report has
been |
filed.
|
(c) Upon the request of a law enforcement agency in |
connection with the
investigation of a particular felony or sex |
offense, when the investigation
case file number is furnished |
by the law enforcement agency, a facility
director shall |
immediately disclose to that law enforcement agency
|
identifying information on any forensic recipient who is |
admitted to
a developmental disability or mental health |
facility, as defined in Section
1-107 or 1-114 of the Mental |
|
Health and Developmental Disabilities Code,
who was or may have |
been away from the facility at or about the time of the
|
commission of a particular felony or sex offense, and: (1) |
whose
description, clothing, or both reasonably match the |
physical description of
any person allegedly involved in that |
particular felony or sex offense; or
(2) whose past modus |
operandi matches the modus operandi of that particular
felony |
or sex offense.
|
(d) For the purposes of this Section and Section 12.1, "law
|
enforcement agency" means an agency of the State or unit of |
local
government that is vested by law or ordinance with the |
duty to maintain
public order and to enforce criminal laws or |
ordinances, the Federal
Bureau of Investigation, the Central |
Intelligence Agency, and the United
States Secret Service.
|
(e) For the purpose of this Section, "identifying |
information" means
the name, address, age, and a physical |
description, including clothing,
of the recipient of services, |
the names and addresses of the
recipient's nearest known |
relatives, where the recipient was known to have been
during |
any past unauthorized absences from a facility, whether the
|
recipient may be suicidal, and the condition of the recipient's |
physical
health as it relates to exposure to the weather. |
Except as provided in
Section 11, in no case shall the facility |
director disclose to the law
enforcement agency any information |
relating to the diagnosis, treatment, or
evaluation of the |
recipient's mental or physical health, unless the
disclosure is |
|
deemed necessary by the facility director to insure the
safety |
of the investigating officers or general public.
|
(f) For the purpose of this Section, "forensic recipient" |
means a
recipient who is placed in a developmental disability |
facility or mental
health facility, as defined in Section 1-107 |
or 1-114 of the Mental Health
and Developmental Disabilities |
Code, pursuant to Article 104 of the Code of
Criminal Procedure |
of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code
|
of Corrections.
|
(Source: P.A. 98-756, eff. 7-16-14.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
