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Illinois General Assembly· HB 2994Governor Approved

MENTAL HEALTH RECORDS, the official text

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HB2994 Enrolled                     LRB104 11359 JRC 21447 b

1   AN ACT concerning civil law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Mental Health and Developmental

5 Disabilities Confidentiality Act is amended by changing

6 Section 4 as follows:

7   (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)

8   Sec. 4. (a) The following persons shall be entitled, upon

9 request, to inspect and copy a recipient's record or any part

10 thereof:

11  (1) the parent or guardian of a recipient who is under

12  12 years of age;

13  (2) the recipient if he is 12 years of age or older;

14  (3) the parent or guardian of a recipient who is at

15  least 12 but under 18 years, if the recipient is informed

16  and does not object or if the therapist does not find that

17  there are compelling reasons for denying the access. The

18  parent or guardian who is denied access by either the

19  recipient or the therapist may petition a court for access

20  to the record. Nothing in this paragraph is intended to

21  prohibit the parent or guardian of a recipient who is at

22  least 12 but under 18 years from requesting and receiving

23  the following information: current physical and mental
    HB2994 Enrolled  -2-                LRB104 11359 JRC 21447 b

1   condition, diagnosis, treatment needs, services provided,

2   and services needed, including medication, if any;

3   (3.5) the parent or guardian of a minor, regardless of

4   the minor's age, if the minor is involved in special

5   education services under Section 14-1.11 of the School

6   Code, and only for the purpose of inspecting and copying a

7   record of the specific mental health or developmental

8   services that the parent or guardian consented to on the

9   recipient's behalf for special education services; or the

10  designated representative of a student over the age of 18

11  involved in special education services under Section

12  14-6.10 of the School Code the personal representative

13  under HIPAA, 45 CFR 164.502(g), of a recipient, regardless

14  of the age of the recipient;

15  (4) the guardian of a recipient who is 18 years or

16  older;

17  (5) an attorney or guardian ad litem who represents a

18  minor 12 years of age or older in any judicial or

19  administrative proceeding, provided that the court or

20  administrative hearing officer has entered an order

21  granting the attorney this right;

22  (6) an agent appointed under a recipient's power of

23  attorney for health care or for property, when the power

24  of attorney authorizes the access;

25  (7) an attorney-in-fact appointed under the Mental

26  Health Treatment Preference Declaration Act; or
    HB2994 Enrolled  -3-  LRB104 11359 JRC 21447 b

1   (8) any person in whose care and custody the recipient

2   has been placed pursuant to Section 3-811 of the Mental

3   Health and Developmental Disabilities Code.

4   (b) Assistance in interpreting the record may be provided

5 without charge and shall be provided if the person inspecting

6 the record is under 18 years of age. However, access may in no

7 way be denied or limited if the person inspecting the record

8 refuses the assistance. A reasonable fee may be charged for

9 duplication of a record. However, when requested to do so in

10 writing by any indigent recipient, the custodian of the

11 records shall provide at no charge to the recipient, or to the

12 Guardianship and Advocacy Commission, the agency designated by

13 the Governor under Section 1 of the Protection and Advocacy

14 for Persons with Developmental Disabilities Act or to any

15 other not-for-profit agency whose primary purpose is to

16 provide free legal services or advocacy for the indigent and

17 who has received written authorization from the recipient

18 under Section 5 of this Act to receive his records, one copy of

19 any records in its possession whose disclosure is authorized

20 under this Act.

21  (c) Any person entitled to access to a record under this

22 Section may submit a written statement concerning any disputed

23 or new information, which statement shall be entered into the

24 record. Whenever any disputed part of a record is disclosed,

25 any submitted statement relating thereto shall accompany the

26 disclosed part. Additionally, any person entitled to access
   HB2994 Enrolled              -4-      LRB104 11359 JRC 21447 b

1 may request modification of any part of the record which he

2 believes is incorrect or misleading. If the request is

3 refused, the person may seek a court order to compel

4 modification.

5  (d) Whenever access or modification is requested, the

6 request and any action taken thereon shall be noted in the

7 recipient's record.

8  (e) Nothing in this Section shall be construed to affect

9 the protection of or access to records under the Illinois

10 School Student Records Act or the federal Individuals with

11 Disabilities Education Act.

12 (Source: P.A. 103-474, eff. 1-1-24.)
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