Bill Text: IL HB3977 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the First Responders Behavioral Healthcare Bill of Rights Act. Provides that first responders have certain specified statutory rights in seeking behavioral health services and treatment. Provides that the rights guaranteed to first responders in these provisions are judicially enforceable. Provides that an aggrieved employee may, under the Civil Practice Law, bring an action for damages, attorney's fee, or injunctive relief against an employer for violating these rights. Defines various terms.

Spectrum: Moderate Partisan Bill (Democrat 19-4)

Status: (Introduced - Dead) 2022-03-04 - House Floor Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee [HB3977 Detail]

Download: Illinois-2021-HB3977-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3977 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
New Act
Creates the First Responders Behavioral Healthcare Bill of Rights Act. Provides that first responders have certain specified statutory rights in seeking behavioral health services and treatment. Provides that the rights guaranteed to first responders in these provisions are judicially enforceable. Provides that an aggrieved employee may, under the Civil Practice Law, bring an action for damages, attorney's fee, or injunctive relief against an employer for violating these rights. Defines various terms.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the First
Responders Behavioral Healthcare Bill of Rights Act.
Section 5. Purposes. The General Assembly recognizes the
difficult nature of the job of first responder, including
trauma endured by first responders in the performance of their
duties. It is the intent of the General Assembly to ensure that
first responders, including police, firefighters, and
emergency medical technicians across this State have full
access to supportive and responsive behavioral health services
and treatment. The General Assembly recognizes that these
services should be responsive to the individual's needs and
must be kept confidential. The General Assembly recognizes
that the administration and provision of these services both
recognize and reduce the historical barrier of stigma and a
lack of confidentiality that first responders face when
attempting to access behavioral health services and treatment.
Section 10. Definitions. In this Act:
"Behavioral health" or "behavioral healthcare" means both
mental health, substance use disorder, or both, co-occurring

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together.
"Employee" means a first responder employed by a unit of
State or local government or school district or by a public or
private hospital or ambulance service.
"Employer" means the State, a unit of local government, a
school district, or a public or private hospital or ambulance
service that employs first responders.
"First responder" means a law enforcement officer or
fireman as defined in Section 2 of the Line of Duty
Compensation Act or an "emergency medical technician (EMT)" as
defined in Section 3.50 of the Emergency Medical Services
(EMS) Systems Act.
"Substance use disorder" has the meaning ascribed to it in
Section 1-10 of the Substance Use Disorder Act.
Section 15. First responders rights to behavioral
healthcare.
(a) First responders have the following rights:
(1) The right of full access to behavioral health
services and treatment that are responsive to the needs of
the individual and the professions of police and
firefighter.
(2) The right to seek, or access if required or
requested, services and treatment for behavioral health
needs without fear of repercussions by his or her employer
or supervisor and without fear of reprisal.

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(3) The right, in the course of seeking services and
treatment for behavioral health, that all records, notes,
and conclusions by the treatment provider shall not be
shared with an employer unless otherwise mandated by law.
The right guaranteed by this paragraph (3) may be waived
by the employee.
(4) The right of first responder employees not to be
compelled by their employer under the threat of discipline
to release any records related to behavioral health.
(5) The right to have behavioral health records not be
used in any disciplinary or other proceeding against an
employee.
(6) The right of employees to seek treatment in any
geographic area without restrictions or limitations
imposed by the employer.
(7) The right to have behavioral health services and
treatment in a manner that reduces stigma and barriers to
those services and treatment.
(b) The rights guaranteed to first responders in
subsection (a) are judicially enforceable. An aggrieved
employee may, under the Civil Practice Law, bring an action
for damages, attorney's fee, or injunctive relief against an
employer for violating subsection (a).