Bill Text: IL SB1507 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Clinical Social Work and Social Work Practice Act. In a provision that allows a social worker to voluntarily disclose privileged information acquired from persons consulting the social worker in a professional capacity if it is in the course of formally reporting, conferring, or consulting with administrative superiors, colleagues, or consultants who share professional responsibility, provides that professional responsibility includes "a professional responsibility to maintain confidentiality". Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2009-07-23 - Public Act . . . . . . . . . 96-0071 [SB1507 Detail]

Download: Illinois-2009-SB1507-Enrolled.html

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AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 16 as follows:
(225 ILCS 20/16) (from Ch. 111, par. 6366)
(Section scheduled to be repealed on January 1, 2018)
Sec. 16. Privileged Communications and Exceptions.
1. No licensed clinical social worker or licensed social
worker shall disclose any information acquired from persons
consulting the social worker in a professional capacity, except
that which may be voluntarily disclosed under the following
circumstances:
(a) In the course of formally reporting, conferring or
consulting with administrative superiors, colleagues or
consultants who share professional responsibility,
including a professional responsibility to maintain
confidentiality, in which instance all recipients of such
information are similarly bound to regard the
communication as privileged;
(b) With the written consent of the person who provided
the information;
(c) In case of death or disability, with the written

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consent of a personal representative, other person
authorized to sue, or the beneficiary of an insurance
policy on the person's life, health or physical condition;
(d) When a communication reveals the intended
commission of a crime or harmful act and such disclosure is
judged necessary by the licensed clinical social worker or
licensed social worker to protect any person from a clear,
imminent risk of serious mental or physical harm or injury,
or to forestall a serious threat to the public safety;
(e) When the person waives the privilege by bringing
any public charges against the licensee; or
(f) When the information is acquired during the course
of investigating a report or working on a case of elder
abuse, neglect, or financial exploitation by a designated
Elder Abuse Provider Agency and disclosure of the
information is in accordance with the provisions of Section
8 of the Elder Abuse and Neglect Act.
2. When the person is a minor under the laws of the State
of Illinois and the information acquired by the licensed
clinical social worker or licensed social worker indicates the
minor was the victim or subject of a crime, the licensed
clinical social worker or licensed social worker may be
required to testify in any judicial proceedings in which the
commission of that crime is the subject of inquiry and when,
after in camera review of the information that the licensed
clinical social worker or licensed social worker acquired, the

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court determines that the interests of the minor in having the
information held privileged are outweighed by the requirements
of justice, the need to protect the public safety or the need
to protect the minor, except as provided under the Abused and
Neglected Child Reporting Act.
3. Any person having access to records or any one who
participates in providing social work services or who, in
providing any human services, is supervised by a licensed
clinical social worker or licensed social worker, is similarly
bound to regard all information and communications as
privileged in accord with this Section.
4. Nothing shall be construed to prohibit a licensed
clinical social worker or licensed social worker from
voluntarily testifying in court hearings concerning matters of
adoption, child abuse, child neglect or other matters
pertaining to children, except as provided under the Abused and
Neglected Child Reporting Act.
5. The Mental Health and Developmental Disabilities
Confidentiality Act, as now or hereafter amended, is
incorporated herein as if all of its provisions were included
in this Act.
(Source: P.A. 89-387, eff. 8-20-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.