Bill Text: IL SB3039 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Mental Health and Developmental Disabilities Confidentiality Act. Adds a category for permissible disclosure of mental health records or communications: to a medical practitioner, including a primary care physician, from whom a recipient is seeking medical care; however, disclosure shall be limited to pharmaceutical records and communications regarding pharmaceuticals including payment for pharmaceuticals. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2010-05-28 - Rule 19(a) / Re-referred to Rules Committee [SB3039 Detail]

Download: Illinois-2009-SB3039-Engrossed.html

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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
Section 11 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

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provision of emergency medical care to a recipient who is
unable to assert or waive his or her rights hereunder;
(iii-a) to any medical practitioner from whom the
recipient is seeking medical care, including any primary
care physician; however, disclosure shall be limited to
pharmaceutical records and communications regarding
pharmaceuticals, including records and communications
regarding payment for pharmaceuticals;
(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 100-26 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

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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 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,
provided that the information so disclosed shall not be
utilized for any other purpose nor be redisclosed except in
connection with the proceedings or investigations;
(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

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Witnesses Act;
(xi) in accordance with Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act;
and
(xii) in accordance with Section 55 of the Abuse of
Adults with Disabilities Intervention 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. 95-331, eff. 8-21-07; 96-466, eff. 8-14-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.