Bill Text: IL SB1507 | 2009-2010 | 96th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Clinical Social Work and Social Work | ||||||
5 | Practice Act is amended by changing Section 16 as follows:
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6 | (225 ILCS 20/16) (from Ch. 111, par. 6366)
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7 | (Section scheduled to be repealed on January 1, 2018)
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8 | Sec. 16. Privileged Communications and Exceptions.
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9 | 1. No licensed clinical social worker or licensed social | ||||||
10 | worker shall
disclose any information acquired from persons | ||||||
11 | consulting the social worker
in a professional capacity, except | ||||||
12 | that which may be voluntarily disclosed
under the following | ||||||
13 | circumstances:
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14 | (a) In the course of formally reporting, conferring or | ||||||
15 | consulting with
administrative superiors, colleagues or | ||||||
16 | consultants who share professional
responsibility, | ||||||
17 | including a professional responsibility to maintain | ||||||
18 | confidentiality, in which instance all recipients of such | ||||||
19 | information are
similarly bound to regard the | ||||||
20 | communication as privileged;
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21 | (b) With the written consent of the person who provided | ||||||
22 | the information;
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23 | (c) In case of death or disability, with the written |
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1 | consent of a
personal representative, other person | ||||||
2 | authorized to sue, or the beneficiary
of an insurance | ||||||
3 | policy on the person's life, health or physical condition;
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4 | (d) When a communication reveals the intended | ||||||
5 | commission of a crime or
harmful act and such disclosure is | ||||||
6 | judged necessary by the licensed
clinical social worker or | ||||||
7 | licensed social worker to protect any person from
a clear, | ||||||
8 | imminent risk of serious mental or physical harm or injury, | ||||||
9 | or to
forestall a serious threat to the public safety;
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10 | (e) When the person waives the privilege by bringing | ||||||
11 | any public charges
against the licensee; or
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12 | (f) When the information is acquired during the course | ||||||
13 | of investigating a
report or working on a case of elder | ||||||
14 | abuse, neglect, or financial exploitation
by a designated | ||||||
15 | Elder Abuse Provider Agency and disclosure of the | ||||||
16 | information
is
in accordance with the provisions of Section | ||||||
17 | 8 of the Elder Abuse and Neglect
Act.
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18 | 2. When the person is a minor under the laws of the State | ||||||
19 | of Illinois
and the information acquired by the licensed | ||||||
20 | clinical social worker or
licensed social worker indicates the | ||||||
21 | minor was
the victim or subject of a crime, the licensed | ||||||
22 | clinical social worker or
licensed social worker may be | ||||||
23 | required to testify
in any judicial proceedings in which the | ||||||
24 | commission of that crime is the
subject of inquiry and when, | ||||||
25 | after in camera review of the information that
the licensed | ||||||
26 | clinical social worker or licensed social worker acquired,
the |
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1 | court determines that the interests of the
minor in having the | ||||||
2 | information held privileged are outweighed by the
requirements | ||||||
3 | of justice, the need to protect the public safety or the need
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4 | to protect the minor, except as provided under the Abused and | ||||||
5 | Neglected
Child Reporting Act.
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6 | 3. Any person having access to records or any one who | ||||||
7 | participates in
providing social work services or who, in | ||||||
8 | providing any human services,
is supervised by a licensed | ||||||
9 | clinical social worker or licensed social
worker, is similarly | ||||||
10 | bound to regard all information
and communications as | ||||||
11 | privileged in accord with this Section.
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12 | 4. Nothing shall be construed to prohibit a licensed
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13 | clinical social worker or licensed social worker from
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14 | voluntarily testifying in court hearings concerning matters of | ||||||
15 | adoption, child
abuse, child neglect or other matters | ||||||
16 | pertaining to children,
except as provided under the Abused and | ||||||
17 | Neglected Child Reporting Act.
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18 | 5. The Mental Health and Developmental Disabilities | ||||||
19 | Confidentiality
Act, as now or hereafter amended, is | ||||||
20 | incorporated herein as if all of its
provisions were included | ||||||
21 | in this Act.
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22 | (Source: P.A. 89-387, eff. 8-20-95 .)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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