Bill Text: IL HB4441 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Mental Health and Developmental Disabilities Code. Provides that counseling services or psychotherapy on an outpatient basis provided to a civilly committed minor 12 years of age or older shall be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Clinical Social Work and Social Work Practice Act, or the Clinical Psychologist Licensing Act (currently, the counseling services or psychotherapy must be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act or the Clinical Psychologist Licensing Act). Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4441 Detail]

Download: Illinois-2017-HB4441-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4441 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
405 ILCS 5/3-501 from Ch. 91 1/2, par. 3-501
Amends the Mental Health and Developmental Disabilities Code. Provides that counseling services or psychotherapy on an outpatient basis provided to a civilly committed minor 12 years of age or older shall be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Clinical Social Work and Social Work Practice Act, or the Clinical Psychologist Licensing Act (currently, the counseling services or psychotherapy must be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act or the Clinical Psychologist Licensing Act). Effective immediately.
LRB100 17143 RLC 32297 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4441 LRB100 17143 RLC 32297 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Section 3-501 as
follows:
(405 ILCS 5/3-501) (from Ch. 91 1/2, par. 3-501)
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 parent, guardian, or person
in loco parentis shall not be necessary to authorize outpatient
counseling services or psychotherapy. 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 minor under the age of 17 shall be
initially limited to not more than 8 90-minute sessions. 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,

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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
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

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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
obtaining consent would be detrimental to the minor's
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
obtaining the consent of a parent, guardian, or person in
loco parentis.
(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
service provider shall evaluate, in consultation with his
or her supervisor when possible, his or her determination
under this subsection (a), and review the determination
every 60 days until counseling services or psychotherapy

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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
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.

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(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
this Section shall be interpreted to limit a minor's privacy
and confidentiality protections under State law.
(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, the Clinical Social Work and Social
Work Practice Act, or the Clinical Psychologist Licensing Act.
(Source: P.A. 100-196, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.