Illinois 96th Regular Session Status: Enacted

SB 3129 — MHDD CD-INVOLUNTARY ADMISSION

Last action — Public Act . . . . . . . . . 96-1399

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2010. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Mental Health and Developmental Disabilities Code and the Mental Health and Developmental Disabilities Confidentiality Act. Changes the definition of "dangerous conduct" to mean threatening behavior or conduct that places another individual or the person engaging in the behavior or conduct (rather than places another individual) in reasonable expectation of being harmed, or a person's inability to provide, without the assistance of family or outside help, for his or her basic physical needs so as to guard himself or herself from serious harm. Extends the lists of possible medical practitioners who must examine a person subject to an involuntary admission petition and execute a certificate stating whether involuntary admission and immediate hospitalization is appropriate, to include a psychiatrist (rather than a physician, qualified examiner, or clinical psychologist only). Contains provisions regarding the amount of time a mental health facility can temporarily detain a person for examination; the situations under which a person can be released from a mental health facility following the initial examination period and the court filing of a certificate stating whether involuntary admission and immediate hospitalization is appropriate; additional persons who are entitled to inspect and copy an admitted person's mental health records; additional agencies that may disclose a person's mental health records and communications to other agencies; and other matters. Effective immediately.

Bill Text

What changed in the latest version

1281 added · 557 removed

Plain-language change summary

The updated version of Bill SB 3129 clarifies definitions related to involuntary admission for individuals with mental health issues. Specifically, it adds more detail to what constitutes "dangerous conduct" and improves the language surrounding a person's ability to care for themselves. These changes are significant because they aim to ensure that individuals at risk can receive appropriate treatment while protecting their rights during the admission process. Overall, these amendments strengthen the legislative framework for mental health care in the state.

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SB3129 Engrossed LRB096 14618 KTG 29457 b AN ACT concerning health.
SB3129 Enrolled LRB096 14618 KTG 29457 b AN ACT concerning health.
The Mental Health and Developmental Disabilities Code is amended by changing Sections 1-104.5, 1-119, 3-602, 3-603, 3-607, 3-610, 3-702, and 3-703 as follows:
The Mental Health and Developmental Disabilities Code is amended by changing Sections 1-119, 3-600, 3-601, 3-602, 3-603, 3-606, 3-607, 3-610, 3-700, 3-701, 3-702, 3-703, 3-704, 3-801, 3-801.5, 3-802, 3-805, 3-807, 3-808, 3-809, 3-810, 3-811, 3-812, 3-813, 3-900, 3-901, and 3-902, by changing the heading of Article VII of Chapter III, by adding Section 1-119.1, and by adding Article VII-A to Chapter III as follows:
(405 ILCS 5/1-104.5) Sec.
(405 ILCS 5/1-119) (from Ch.
1-104.5.
"Dangerous conduct" means threatening behavior or conduct that places another individual or the person engaging in the conduct, in reasonable expectation of being physically harmed, or conduct evincing a person's inability to provide, without the assistance of family or outside help, for his or her basic physical needs so as to guard himself or herself from serious harm.
(Source:
P.A.
95-602, eff.
6-1-08.) (405 ILCS 5/1-119) (from Ch.
"Person subject to involuntary admission" means:
"Person subject to involuntary admission on an inpatient basis" means:
(1) A person with mental illness and who because of his or her illness is reasonably expected to engage in dangerous conduct which may include threatening behavior or conduct that places that person or another individual in SB3129 Engrossed - 2 - LRB096 14618 KTG 29457 b reasonable expectation of being harmed;
(1) A person with mental illness and who because of his or her illness is reasonably expected, unless treated on an inpatient basis, to engage in conduct placing such person or another in physical harm or in reasonable expectation of being physically harmed dangerous conduct which may include threatening behavior or conduct that places that person or another individual in reasonable expectation of being harmed;
(2) A person with mental illness and who because of his or her illness is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or outside help;
(2) A person with mental illness and who because of his SB3129 Enrolled - 2 - LRB096 14618 KTG 29457 b or her illness is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or others, unless treated on an inpatient basis outside help;
or (3) A person with mental illness who, because of the nature of his or her illness, is unable to understand his or her need for treatment and who, if not treated, is reasonably expected to suffer or continue to suffer mental deterioration or emotional deterioration, or both, to the point that the person is reasonably expected to engage in dangerous conduct.
or (3) A person with mental illness who:
(i) refuses treatment or is not adhering adequately to prescribed treatment;
(ii) because of the nature of his or her illness, is unable to understand his or her need for treatment;
and (iii) if not treated on an inpatient basis, is reasonably expected, based on his or her behavioral history, to suffer mental or emotional deterioration and is reasonably expected, after such deterioration, to meet the criteria of either paragraph (1) or paragraph (2) of this Section.
, because of the nature of his or her illness, is unable to understand his or her need for treatment and who, if not treated, is reasonably expected to suffer or continue to suffer mental deterioration or emotional deterioration, or both, to the point that the person is reasonably expected to engage in dangerous conduct.
(Source:
SB3129 Enrolled - 3 - LRB096 14618 KTG 29457 b (Source:
6-1-08.) (405 ILCS 5/3-602) (from Ch.
6-1-08.) (405 ILCS 5/1-119.1 new) Sec.
1-119.1.
"Person subject to involuntary admission on an outpatient basis" means:
(1) A person who would meet the criteria for admission on an inpatient basis as specified in Section 1-119 in the absence of treatment on an outpatient basis and for whom treatment on an outpatient basis can only be reasonably ensured by a court order mandating such treatment;
or (2) A person with a mental illness which, if left untreated, is reasonably expected to result in an increase in the symptoms caused by the illness to the point that the person would meet the criteria for commitment under Section 1-119, and whose mental illness has, on more than one occasion in the past, caused that person to refuse needed and appropriate mental health services in the community.
(405 ILCS 5/3-600) (from Ch.
3-600) Sec.
3-600.
A person 18 years of age or older who is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization may be admitted to a mental health facility pursuant to this Article.
(Source:
P.A.
80-1414.) (405 ILCS 5/3-601) (from Ch.
91 1/2, par.
3-601) SB3129 Enrolled - 4 - LRB096 14618 KTG 29457 b Sec.
3-601.
Involuntary admission;
petition.
(a) When a person is asserted to be subject to involuntary admission on an inpatient basis and in such a condition that immediate hospitalization is necessary for the protection of such person or others from physical harm, any person 18 years of age or older may present a petition to the facility director of a mental health facility in the county where the respondent resides or is present.
The petition may be prepared by the facility director of the facility.
(b) The petition shall include all of the following:
1.
A detailed statement of the reason for the assertion that the respondent is subject to involuntary admission on an inpatient basis, including the signs and symptoms of a mental illness and a description of any acts, threats, or other behavior or pattern of behavior supporting the assertion and the time and place of their occurrence.
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2.
The name and address of the spouse, parent, guardian, substitute decision maker, if any, and close relative, or if none, the name and address of any known friend of the respondent whom the petitioner has reason to believe may know or have any of the other names and addresses.
If the petitioner is unable to supply any such names and addresses, the petitioner shall state that diligent inquiry was made to learn this information and specify the steps taken.
3.
The petitioner's relationship to the respondent and SB3129 Enrolled - 5 - LRB096 14618 KTG 29457 b a statement as to whether the petitioner has legal or financial interest in the matter or is involved in litigation with the respondent.
If the petitioner has a legal or financial interest in the matter or is involved in litigation with the respondent, a statement of why the petitioner believes it would not be practicable or possible for someone else to be the petitioner.
4.
The names, addresses and phone numbers of the witnesses by which the facts asserted may be proved.
(c) Knowingly making a material false statement in the petition is a Class A misdemeanor.
(Source:
P.A.
91-726, eff.
6-2-00;
92-651, eff.
7-11-02.) (405 ILCS 5/3-602) (from Ch.
91 1/2, par.
The petition shall be accompanied by a certificate executed by a physician, qualified examiner, psychiatrist, or clinical psychologist which states that the respondent is subject to involuntary admission and requires immediate hospitalization.
The petition shall be accompanied by a certificate executed by a physician, qualified examiner, psychiatrist, or clinical psychologist which states that the respondent is subject to involuntary admission on an inpatient basis and requires immediate hospitalization.
The certificate shall indicate that the physician, qualified examiner, psychiatrist, or clinical SB3129 Engrossed - 3 - LRB096 14618 KTG 29457 b psychologist personally examined the respondent not more than 72 hours prior to admission.
The certificate shall indicate that the physician, qualified examiner, psychiatrist, or clinical psychologist personally examined the respondent not more than 72 hours prior to admission.
It shall also contain the physician's, qualified examiner's, psychiatrist, or clinical psychologist's clinical observations, other factual information relied upon in reaching a diagnosis, and a statement as to whether the respondent was advised of his rights under Section 3-208.
It shall also contain the physician's, qualified examiner's, psychiatrist's, or clinical psychologist's clinical observations, other factual information relied upon in reaching a diagnosis, and a statement as to whether the SB3129 Enrolled - 6 - LRB096 14618 KTG 29457 b respondent was advised of his rights under Section 3-208.
the petitioner believes, as a result of his personal observation, that the respondent is subject to involuntary admission;
the petitioner believes, as a result of his personal observation, that the respondent is subject to involuntary admission on an inpatient basis;
and SB3129 Engrossed - 4 - LRB096 14618 KTG 29457 b 4.
and 4.
(Source:
SB3129 Enrolled - 7 - LRB096 14618 KTG 29457 b (Source:
6-28-01.) (405 ILCS 5/3-607) (from Ch.
6-28-01.) (405 ILCS 5/3-606) (from Ch.
3-606) Sec.
3-606.
A peace officer may take a person into custody and transport him to a mental health facility when the peace officer has reasonable grounds to believe that the person is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization to protect such person or others from physical harm.
Upon arrival at the facility, the peace officer may complete the petition under Section 3-601.
If the petition is not completed by the peace officer transporting the person, the transporting officer's name, badge number, and employer shall be included in the petition as a potential witness as provided in Section 3-601 of this Chapter.
(Source:
P.A.
94-202, eff.
7-12-05.) (405 ILCS 5/3-607) (from Ch.
91 1/2, par.
When, as a result of personal observation and testimony in open court, any court has reasonable grounds to believe that a person appearing before it is subject to involuntary admission and in need of immediate hospitalization to protect such person or others from physical harm, the court may enter an order for the temporary detention and examination of such person.
When, as a result of personal observation and testimony in open court, any court has reasonable grounds to believe that a person appearing before it is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization to protect such person or others from physical harm, the court may enter an order for the temporary detention and examination of such person.
The order shall set forth in detail the facts which are the basis for its conclusion.
The order shall set SB3129 Enrolled - 8 - LRB096 14618 KTG 29457 b forth in detail the facts which are the basis for its conclusion.
If a petition and certificate, as provided in this Article, are executed within the 24 hours, the person may be admitted provided that the certificate states SB3129 Engrossed - 5 - LRB096 14618 KTG 29457 b that the person is both subject to involuntary admission and in need of immediate hospitalization.
If a petition and certificate, as provided in this Article, are executed within the 24 hours, the person may be admitted provided that the certificate states that the person is both subject to involuntary admission and in need of immediate hospitalization.
and the The provisions of this Article shall apply to all petitions and certificates executed pursuant to this Section.
The and the provisions of this Article shall apply to all petitions and certificates executed pursuant to this Section.
The psychiatrist may be a member of the staff of the facility but shall not be the person who executed the first certificate.
The psychiatrist may be a member of the staff of the facility but SB3129 Enrolled - 9 - LRB096 14618 KTG 29457 b shall not be the person who executed the first certificate.
If the certificate states that the respondent is subject to involuntary admission SB3129 Engrossed - 6 - LRB096 14618 KTG 29457 b but not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment.
If the certificate states that the respondent is subject to involuntary admission but not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment.
80-1414.) (405 ILCS 5/3-702) (from Ch.
80-1414.) (405 ILCS 5/Ch.
III Art.
VII heading) ARTICLE VII.
ADMISSION ON AN INPATIENT BASIS BY COURT ORDER (405 ILCS 5/3-700) (from Ch.
3-700) Sec.
3-700.
A person 18 years of age or older who is subject to involuntary admission on an inpatient basis may be admitted to an inpatient a mental health facility upon court order pursuant to this Article.
(Source:
P.A.
80-1414.) SB3129 Enrolled - 10 - LRB096 14618 KTG 29457 b (405 ILCS 5/3-701) (from Ch.
91 1/2, par.
3-701) Sec.
3-701.
(a) Any person 18 years of age or older may execute a petition asserting that another person is subject to involuntary admission on an inpatient basis.
The petition shall be prepared pursuant to paragraph (b) of Section 3-601 and shall be filed with the court in the county where the respondent resides or is present.
(b) The court may inquire of the petitioner whether there are reasonable grounds to believe that the facts stated in the petition are true and whether the respondent is subject to involuntary admission.
The inquiry may proceed without notice to the respondent only if the petitioner alleges facts showing that an emergency exists such that immediate hospitalization is necessary and the petitioner testifies before the court as to the factual basis for the allegations.
(c) A petition for involuntary admission on an inpatient basis may be combined with or accompanied by a petition for involuntary admission on an outpatient basis under Article VII-A.
(Source:
P.A.
91-837, eff.
6-16-00.) (405 ILCS 5/3-702) (from Ch.
91 1/2, par.
(a) The petition may be accompanied by the certificate of a physician, qualified examiner, psychiatrist, or clinical psychologist which certifies that the respondent is subject to involuntary admission and which contains the other information specified in Section 3-602.
(a) The petition may be accompanied by the certificate of a physician, qualified examiner, psychiatrist, or clinical psychologist which certifies that the respondent is SB3129 Enrolled - 11 - LRB096 14618 KTG 29457 b subject to involuntary admission on an inpatient basis and which contains the other information specified in Section 3-602.
6-2-00.) SB3129 Engrossed - 7 - LRB096 14618 KTG 29457 b (405 ILCS 5/3-703) (from Ch.
6-2-00.) (405 ILCS 5/3-703) (from Ch.
The examining physician, clinical psychologist, qualified examiner or psychiatrist may interview by telephone or in person any witnesses or other persons listed in the petition for involuntary admission.
The examining physician, clinical psychologist, qualified examiner SB3129 Enrolled - 12 - LRB096 14618 KTG 29457 b or psychiatrist may interview by telephone or in person any witnesses or other persons listed in the petition for involuntary admission.
If a certificate is executed, the examining physician, clinical psychologist, qualified examiner or psychiatrist may also submit for filing with the court a report in which his findings are described in detail, and may rely upon such findings for his opinion that the respondent is subject to involuntary admission.
If a certificate is executed, the examining physician, clinical psychologist, qualified examiner or psychiatrist may also submit for filing with the court a report in which his findings are described in detail, and may rely upon such findings for his opinion that the respondent is subject to involuntary admission on an inpatient basis.
However, if SB3129 Engrossed - 8 - LRB096 14618 KTG 29457 b both the certificates state that the respondent is not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment.
However, if both the certificates state that the respondent is not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment.
85-558.) Section 10.
85-558.) (405 ILCS 5/3-704) (from Ch.
91 1/2, par.
3-704) Sec.
3-704.
Examination;
detention.
(a) The respondent shall be permitted to remain in his or her place of residence pending any examination.
The respondent may be accompanied by one or more of his or her relatives or SB3129 Enrolled - 13 - LRB096 14618 KTG 29457 b friends or by his or her attorney to the place of examination.
If, however, the court finds that it is necessary in order to complete the examination the court may order that the person be admitted to a mental health facility pending examination and may order a peace officer or other person to transport the person there.
The examination shall be conducted at a local mental health facility or hospital or, if possible, in the respondent's own place of residence.
No person may be detained for examination under this Section for more than 24 hours.
The person shall be released upon completion of the examination unless the physician, qualified examiner or clinical psychologist executes a certificate stating that the person is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization to protect such person or others from physical harm.
Upon admission under this Section treatment may be given pursuant to Section 3-608.
(a-5) Whenever a respondent has been transported to a mental health facility for an examination, the admitting facility shall inquire, upon the respondent's arrival, whether the respondent wishes any person or persons to be notified of his or her detention at that facility.
If the respondent does wish to have any person or persons notified of his or her detention at the facility, the facility must promptly make all reasonable attempts to locate the individual identified by the respondent, or at least 2 individuals identified by the respondent if more than one has been identified, and notify SB3129 Enrolled - 14 - LRB096 14618 KTG 29457 b them of the respondent's detention at the facility for a mandatory examination pursuant to court order.
(b) Not later than 24 hours, excluding Saturdays, Sundays, and holidays, after admission under this Section, the respondent shall be asked if he desires the petition and the notice required under Section 3-206 sent to any other persons and at least 2 such persons designated by the respondent shall be sent the documents.
At the time of his admission the respondent shall be allowed to complete not fewer than 2 telephone calls to such persons as he chooses.
(Source:
P.A.
91-726, eff.
6-2-00;
91-837, eff.
6-16-00;
92-16, eff.
6-28-01.) (405 ILCS 5/Ch.
III Art.
VII-A heading new) ARTICLE VII-A.
ADMISSION ON AN OUTPATIENT BASIS BY COURT ORDER (405 ILCS 5/3-750 new) Sec.
3-750.
Involuntary admission on an outpatient basis.
A person 18 years of age or older who is subject to involuntary admission on an outpatient basis may receive alternative treatment in the community or may be placed in the care and custody of a relative or other person upon court order pursuant to this Article.
(405 ILCS 5/3-751 new) Sec.
3-751.
Involuntary admission;
petition.
SB3129 Enrolled - 15 - LRB096 14618 KTG 29457 b (a) Any person 18 years of age or older may execute a petition asserting that another person is subject to involuntary admission on an outpatient basis.
The petition shall be prepared pursuant to paragraph (b) of Section 3-601 and shall be filed with the court in the county where the respondent resides or is present.
(b) The court may inquire of the petitioner whether there are reasonable grounds to believe that the facts stated in the petition are true and whether the respondent is subject to involuntary admission on an outpatient basis.
(c) A petition for involuntary admission on an outpatient basis may be combined with or accompanied by a petition for involuntary admission on an inpatient basis under Article VII.
(405 ILCS 5/3-752 new) Sec.
3-752.
Certificate.
(a) The petition may be accompanied by the certificate of a physician, qualified examiner, psychiatrist, or clinical psychologist which certifies that the respondent is subject to involuntary admission on an outpatient basis.
The certificate shall indicate that the physician, qualified examiner, or clinical psychologist personally examined the respondent not more than 72 hours prior to the completion of the certificate.
It shall also contain the physician's, qualified examiner's, or clinical psychologist's clinical observations, other factual information relied upon in reaching a diagnosis, and a SB3129 Enrolled - 16 - LRB096 14618 KTG 29457 b statement as to whether the respondent was advised of his or her rights under Section 3-208.
(b) Upon receipt of the petition either with or without a certificate, if the court finds the documents are in order, it may make such orders pursuant to Section 3-753 as are necessary to provide for examination of the respondent.
If the petition is not accompanied by 2 certificates executed pursuant to Section 3-753, the court may order the respondent to present himself or herself for examination at a time and place designated by the court.
If the petition is accompanied by 2 certificates executed pursuant to Section 3-753 and the court finds the documents are in order, the court shall set the matter for hearing.
(405 ILCS 5/3-753 new) Sec.
3-753.
Examination.
If no certificate was filed, the respondent shall be examined separately by a physician, or clinical psychologist or qualified examiner and by a psychiatrist.
If a certificate executed by a psychiatrist was filed, the respondent shall be examined by a physician, clinical psychologist, qualified examiner, or psychiatrist.
If a certificate executed by a qualified examiner, clinical psychologist, or a physician who is not a psychiatrist was filed, the respondent shall be examined by a psychiatrist.
The examining physician, clinical psychologist, qualified examiner or psychiatrist may interview by telephone or in person any SB3129 Enrolled - 17 - LRB096 14618 KTG 29457 b witnesses or other persons listed in the petition for involuntary admission.
If, as a result of an examination, a certificate is executed, the certificate shall be promptly filed with the court.
If a certificate is executed, the examining physician, clinical psychologist, qualified examiner or psychiatrist may also submit for filing with the court a report in which his or her findings are described in detail, and may rely upon such findings for his opinion that the respondent is subject to involuntary admission.
Copies of the certificates shall be made available to the attorneys for the parties upon request prior to the hearing.
(405 ILCS 5/3-754 new) Sec.
3-754.
Detention.
(a) The respondent shall be permitted to remain in his or her place of residence pending any examination.
The respondent may be accompanied by one or more of his or her relatives or friends or by his or her attorney to the place of examination.
If, however, the respondent refuses to cooperate with an examination on an outpatient basis, the court may order that the person be admitted to a mental health facility solely for the purpose of such examination and may order a peace officer or other person to transport the person there.
The examination shall be conducted at a local mental health facility or hospital or, if possible, in the respondent's own place of residence.
No person may be detained for examination under this SB3129 Enrolled - 18 - LRB096 14618 KTG 29457 b Section for more than 24 hours.
The person shall be released upon completion of the examination unless the physician, qualified examiner or clinical psychologist executes a certificate stating that the person is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization to protect such person or others from physical harm and a petition is filed pursuant to Section 3-701.
Upon admission under this Section, treatment may be given pursuant to Section 3-608.
If the respondent is admitted on an inpatient basis, the facility shall proceed pursuant to Article VII.
(b) Whenever a respondent has been transported to a mental health facility for an examination, the admitting facility shall inquire, upon the respondent's arrival, whether the respondent wishes any person or persons to be notified of his or her detention at that facility.
If the respondent does wish to have any person or persons notified of his or her detention at the facility, the facility must promptly make all reasonable attempts to locate the individual identified by the respondent, or at least 2 individuals identified by the respondent if more than one has been identified, and notify them of the respondent's detention at the facility for a mandatory examination pursuant to court order.
(405 ILCS 5/3-755 new) Sec.
3-755.
Notice.
At least 36 hours before the time of the examination fixed by the court, a copy of the petition, the SB3129 Enrolled - 19 - LRB096 14618 KTG 29457 b order for examination, and a statement of rights as provided in Section 3-205 shall be personally delivered to the person and shall be given personally or sent by mail to his or her attorney and guardian, if any.
If the respondent is admitted to a mental health facility for examination under Section 3-754, such notices may be delivered at the time of service of the order for admission.
(405 ILCS 5/3-756 new) Sec.
3-756.
Court hearing.
The court shall set a hearing to be held within 15 days, excluding Saturdays, Sundays, and holidays, after its receipt of the second certificate.
The court shall direct that notice of the time and place of hearing be served upon the respondent, his or her attorney, and guardian, if any, and his or her responsible relatives.
The respondent may remain at his residence pending the hearing.
If, however, the court finds it necessary, it may order a peace officer or another person to have the respondent before the court at the time and place set for hearing.
(405 ILCS 5/3-801) (from Ch.
91 1/2, par.
3-801) Sec.
3-801.
A respondent may request admission as an informal or voluntary recipient at any time prior to an adjudication that he is subject to involuntary admission on an inpatient or outpatient basis.
The facility director shall approve such a request unless the facility director determines SB3129 Enrolled - 20 - LRB096 14618 KTG 29457 b that the respondent lacks the capacity to consent to informal or voluntary admission or that informal or voluntary admission is clinically inappropriate.
The director shall not find that voluntary admission is clinically inappropriate in the absence of a documented history of the respondent's illness and treatment demonstrating that the respondent is unlikely to continue to receive needed treatment following release from informal or voluntary admission and that an order for involuntary admission on an outpatient basis alternative treatment or for care and custody is necessary in order to ensure continuity of treatment outside a mental health facility.
If the facility director approves such a request, the petitioner shall be notified of the request and of his or her right to object thereto, if the petitioner has requested such notification on that individual recipient.
The court may dismiss the pending proceedings, but shall consider any objection made by either the petitioner or the State's Attorney and may require proof that such dismissal is in the best interest of the respondent and of the public.
If voluntary admission is accepted and the petition is dismissed by the court, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the recipient's discharge pursuant to Section 3-902(d).
(Source:
P.A.
96-570, eff.
1-1-10.) SB3129 Enrolled - 21 - LRB096 14618 KTG 29457 b (405 ILCS 5/3-801.5) Sec.
3-801.5.
Agreed order for admission on an outpatient basis alternative treatment or care and custody.
(a) At any time before the conclusion of the hearing and the entry of the court's findings, a respondent may enter into an agreement to be subject to an order for admission on an outpatient basis alternative treatment or care and custody as provided for in Sections 3-811, 3-812, 3-813, and 3-815 of this Code, provided that:
(1) The court and the parties have been presented with a written report pursuant to Section 3-810 of this Code containing a recommendation for court-ordered admission on an outpatient basis alternative treatment or care and custody and setting forth in detail the conditions for such an order, and the court is satisfied that the proposal for admission on an outpatient basis alternative treatment or care and custody is in the best interest of the respondent and of the public.
(2) The court advises the respondent of the conditions of the proposed order in open court and is satisfied that the respondent understands and agrees to the conditions of the proposed order for admission on an outpatient basis alternative treatment or care and custody.
(3) The proposed custodian is advised of the recommendation for care and custody and agrees to abide by the terms of the proposed order.
SB3129 Enrolled - 22 - LRB096 14618 KTG 29457 b (4) No such order may require the respondent to be hospitalized except as provided in subsection (b) of this Section.
(5) No order may include as one of its conditions the administration of psychotropic medication, unless the court determines, based on the documented history of the respondent's treatment and illness, that the respondent is unlikely to continue to receive needed psychotropic medication in the absence of such an order.
(b) An agreed order of care and custody entered pursuant to this Section may grant the custodian the authority to admit a respondent to a hospital if the respondent fails to comply with the conditions of the agreed order.
If necessary in order to obtain the hospitalization of the respondent, the custodian may apply to the court for an order authorizing an officer of the peace to take the respondent into custody and transport the respondent to the hospital specified in the agreed order.
The provisions of Section 3-605 of this Code shall govern the transportation of the respondent to a mental health facility, except to the extent that those provisions are inconsistent with this Section.
However, a person admitted to a hospital pursuant to powers granted under an agreed order for care and custody shall be treated as a voluntary recipient pursuant to Article IV of this Chapter and shall be advised immediately of his or her right to request a discharge pursuant to Section 3-403 of this Code.
SB3129 Enrolled - 23 - LRB096 14618 KTG 29457 b (c) If the court has appointed counsel for the respondent pursuant to Section 3-805 of this Code, that appointment shall continue for the duration of any order entered under this Section, and the respondent shall be represented by counsel in any proceeding held pursuant to this Section.
(d) An order entered under this Section shall not constitute a finding that the respondent is subject to involuntary admission on an inpatient or outpatient basis.
(e) Nothing in this Section shall be deemed to create an agency relationship between the respondent and any custodian appointed pursuant to this Section.
(f) Notwithstanding any other provision of Illinois law, no respondent may be cited for contempt for violating the terms and conditions of his or her agreed order of care and custody.
(Source:
P.A.
94-521, eff.
1-1-06.) (405 ILCS 5/3-802) (from Ch.
91 1/2, par.
3-802) Sec.
3-802.
The respondent is entitled to a jury on the question of whether he is subject to involuntary admission on an inpatient or outpatient basis.
The jury shall consist of 6 persons to be chosen in the same manner as are jurors in other civil proceedings.
A respondent is not entitled to a jury on the question of whether psychotropic medication or electroconvulsive therapy may be administered under Section 2-107.1.
(Source:
P.A.
95-172, eff.
8-14-07.) SB3129 Enrolled - 24 - LRB096 14618 KTG 29457 b (405 ILCS 5/3-805) (from Ch.
91 1/2, par.
3-805) Sec.
3-805.
Every respondent alleged to be subject to involuntary admission on an inpatient or outpatient basis shall be represented by counsel.
If the respondent is indigent or an appearance has not been entered on his behalf at the time the matter is set for hearing, the court shall appoint counsel for him.
A hearing shall not proceed when a respondent is not represented by counsel unless, after conferring with counsel, the respondent requests to represent himself and the court is satisfied that the respondent has the capacity to make an informed waiver of his right to counsel.
Counsel shall be allowed time for adequate preparation and shall not be prevented from conferring with the respondent at reasonable times nor from making an investigation of the matters in issue and presenting such relevant evidence as he believes is necessary.
1.
If the court determines that the respondent is unable to obtain counsel, the court shall appoint as counsel an attorney employed by or under contract with the Guardianship and Mental Health Advocacy Commission, if available.
2.
If an attorney from the Guardianship and Mental Health Advocacy Commission is not available, the court shall appoint as counsel the public defender or, only if no public defender is available, an attorney licensed to practice law in this State.
SB3129 Enrolled - 25 - LRB096 14618 KTG 29457 b 3.
Upon filing with the court of a verified statement of legal services rendered by the private attorney appointed pursuant to paragraph (2) of this Section, the court shall determine a reasonable fee for such services.
If the respondent is unable to pay the fee, the court shall enter an order upon the county to pay the entire fee or such amount as the respondent is unable to pay.
(Source:
P.A.
80-1414.) (405 ILCS 5/3-807) (from Ch.
91 1/2, par.
3-807) Sec.
3-807.
No respondent may be found subject to involuntary admission on an inpatient or outpatient basis unless at least one psychiatrist, clinical social worker, or clinical psychologist who has examined him testifies in person at the hearing.
The respondent may waive the requirement of the testimony subject to the approval of the court.
(Source:
P.A.
87-530.) (405 ILCS 5/3-808) (from Ch.
91 1/2, par.
3-808) Sec.
3-808.
No respondent may be found subject to involuntary admission on an inpatient or outpatient basis unless that finding has been established by clear and convincing evidence.
(Source:
P.A.
80-1414.) (405 ILCS 5/3-809) (from Ch.
91 1/2, par.
3-809) SB3129 Enrolled - 26 - LRB096 14618 KTG 29457 b Sec.
3-809.
If the respondent is not found subject to involuntary admission on an inpatient or outpatient basis, the court shall dismiss the petition and order the respondent discharged.
If the respondent is found subject to involuntary admission on an inpatient or outpatient basis, the court shall enter an order so specifying.
If the court is not satisfied with the verdict of the jury finding the respondent subject to involuntary admission on an inpatient or outpatient basis, it may set aside such verdict and order the respondent discharged or it may order another hearing.
(Source:
P.A.
80-1414.) (405 ILCS 5/3-810) (from Ch.
91 1/2, par.
3-810) Sec.
3-810.
Before disposition is determined, the facility director or such other person as the court may direct shall prepare a written report including information on the appropriateness and availability of alternative treatment settings, a social investigation of the respondent, a preliminary treatment plan, and any other information which the court may order.
The treatment plan shall describe the respondent's problems and needs, the treatment goals, the proposed treatment methods, and a projected timetable for their attainment.
If the respondent is found subject to involuntary admission on an inpatient or outpatient basis, the court shall consider the report in determining an appropriate disposition.
(Source:
P.A.
91-726, eff.
6-2-00.) SB3129 Enrolled - 27 - LRB096 14618 KTG 29457 b (405 ILCS 5/3-811) (from Ch.
91 1/2, par.
3-811) Sec.
3-811.
Involuntary admission;
alternative mental health facilities.
(a) If any person is found subject to involuntary admission on an inpatient basis, the court shall consider alternative mental health facilities which are appropriate for and available to the respondent, including but not limited to hospitalization.
The court may order the respondent to undergo a program of hospitalization in a mental health facility designated by the Department, in a licensed private hospital or private mental health facility if it agrees, or in a facility of the United States Veterans Administration if it agrees.
If any person is found subject to involuntary admission on an outpatient basis, ;
or the court may order the respondent to undergo a program of alternative treatment;
or the court may place the respondent in the care and custody of a relative or other person willing and able to properly care for him or her.
The court shall order the least restrictive alternative for treatment which is appropriate.
(b) Whenever a person is found subject to involuntary admission on an inpatient or outpatient basis, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the recipient's discharge pursuant to Section 3-902(d).
(Source:
P.A.
96-570, eff.
1-1-10.) SB3129 Enrolled - 28 - LRB096 14618 KTG 29457 b (405 ILCS 5/3-812) (from Ch.
91 1/2, par.
3-812) Sec.
3-812.
Court ordered admission on an outpatient basis alternative treatment;
modification;
revocation.
(a) If a respondent is found subject to involuntary admission on an outpatient basis, the court may issue an order:
(i) placing the respondent in the care and custody of a relative or other person willing and able to properly care for him or her;
or (ii) committing the respondent to alternative treatment at a community mental health provider.
(b) An order placing the respondent in the care and custody of a relative or other person shall specify the powers and duties of the custodian.
An order of care and custody entered pursuant to this Section may grant the custodian the authority to admit a respondent to a hospital if the respondent fails to comply with the conditions of the order.
If necessary in order to obtain the hospitalization of the respondent, the custodian may apply to the court for an order authorizing an officer of the peace to take the respondent into custody and transport the respondent to the hospital specified in the agreed order.
The provisions of Section 3-605 shall govern the transportation of the respondent to a mental health facility, except to the extent that those provisions are inconsistent with this Section.
No person admitted to a hospital pursuant to this subsection shall be detained for longer than 24 hours, excluding Saturdays, Sundays, and holidays, unless, within SB3129 Enrolled - 29 - LRB096 14618 KTG 29457 b that period, a petition for involuntary admission on an inpatient basis and a certificate supporting such petition have been filed as provided in Section 3-611.
(c) (a) Alternative treatment shall not be ordered unless the program being considered is capable of providing adequate and humane treatment in the least restrictive setting which is appropriate to the respondent's condition.
The court shall have continuing authority to modify an order for alternative treatment if the recipient fails to comply with the order or is otherwise found unsuitable for alternative treatment.
Prior to modifying such an order, the court shall receive a report from the facility director of the program specifying why the alternative treatment is unsuitable.
The recipient shall be notified and given an opportunity to respond when modification of the order for alternative treatment is considered.
If the court determines that the respondent has violated the order for alternative treatment in the community or that alternative treatment in the community will no longer provide adequate assurances for the safety of the respondent or others, the court may revoke the order for alternative treatment in the community and may order a peace officer to take the recipient into custody and transport him to an inpatient mental health facility.
The provisions of Section 3-605 shall govern the transportation of the respondent to a mental health facility, except to the extent that those provisions are inconsistent with this Section.
No person admitted to a hospital pursuant to SB3129 Enrolled - 30 - LRB096 14618 KTG 29457 b this subsection shall be detained for longer than 24 hours, excluding Saturdays, Sundays, and holidays, unless, within that period, a petition for involuntary admission on an inpatient basis and a certificate supporting such petition have been filed as provided in Section 3-611.
(b) If the court revokes an order for alternative treatment and orders a recipient hospitalized, it may order a peace officer to take the recipient into custody and transport him to the facility.
The court may order the recipient to undergo a program of hospitalization at a licensed private hospital or private mental health facility, or a facility of the United States Veterans Administration, if such private or Veterans Administration facility agrees to such placement, or at a mental health facility designated by the Department.
(Source:
P.A.
91-726, eff.
6-2-00.) (405 ILCS 5/3-813) (from Ch.
91 1/2, par.
3-813) Sec.
3-813.
(a) An initial order for commitment on an inpatient basis hospitalization shall be for a period not to exceed 90 days.
Prior to the expiration of the initial order if the facility director believes that the recipient continues to be subject to involuntary admission on an inpatient or outpatient basis, a new petition and 2 new certificates may be filed with the court.
If a petition is filed, the facility director shall file with the court a current treatment plan which includes an evaluation of the recipient's progress and SB3129 Enrolled - 31 - LRB096 14618 KTG 29457 b the extent to which he is benefiting from treatment.
If no petition is filed prior to the expiration of the initial order, the recipient shall be discharged.
Following a hearing, the court may order a second period of commitment on an inpatient basis hospitalization not to exceed 90 days only if it finds that the recipient continues to be subject to involuntary admission on an inpatient basis.
If, following a hearing, the court determines that the respondent is subject to involuntary admission on an outpatient basis as provided in Section 3-812, the court may order the respondent committed on an outpatient basis for a period not to exceed 180 days.
(a-1) An initial order of commitment on an outpatient basis shall be for a period not to exceed 180 days.
Prior to the expiration of the initial order, if the facility director or the custodian believes that the recipient continues to be subject to involuntary admission on an outpatient basis, a new petition and 2 new certificates may be filed with the court.
If a petition is filed, the facility director or the custodian shall file with the court a current treatment plan which includes an evaluation of the recipient's progress and the extent to which he or she is benefiting from treatment.
If no petition is filed prior to the expiration of the initial order, the recipient shall be discharged.
Following a hearing, the court may order a second period of commitment on an outpatient basis not to exceed 180 days only if it finds that the recipient continues to be subject to involuntary admission on SB3129 Enrolled - 32 - LRB096 14618 KTG 29457 b an outpatient basis.
(b) Additional 180 day periods of inpatient or outpatient commitment treatment may be sought pursuant to the procedures set out in this Section for so long as the recipient continues to meet the standard for such commitment be subject to involuntary admission.
The provisions of this chapter which apply whenever an initial order is sought shall apply whenever an additional period of inpatient or outpatient commitment treatment is sought.
(Source:
P.A.
91-787, eff.
1-1-01.) (405 ILCS 5/3-900) (from Ch.
91 1/2, par.
3-900) Sec.
3-900.
(a) Any person committed on an inpatient or outpatient basis hospitalized or admitted to alternative treatment or care and custody as having mental illness on court order under this Chapter or under any prior statute or any person on his behalf may file a petition for discharge at any time in the court of the county where the recipient resides or is found.
(b) The petition shall set forth:
(1) the name of the recipient;
(2) the underlying circumstances and date of the order;
(3) a request for discharge from the order;
and (4) the reasons for such request.
(Source:
P.A.
88-380.) (405 ILCS 5/3-901) (from Ch.
91 1/2, par.
3-901) SB3129 Enrolled - 33 - LRB096 14618 KTG 29457 b Sec.
3-901.
(a) Upon the filing of a petition under Section 3-900 or Section 3-906, the court shall set the matter for hearing to be held within 5 days, excluding Saturdays, Sundays, and holidays.
The court shall direct that notice of the time and place of the hearing be given to the recipient, his attorney, his guardian, the facility director, the person having care and custody of the recipient, and to at least 2 persons whom the recipient may designate.
(b) Article VIII of this Chapter applies to hearings held under this Section.
The court shall determine whether the recipient is:
(i) subject to involuntary admission on an inpatient basis;
(ii) subject to involuntary admission on an outpatient basis;
or (iii) not subject to involuntary admission on either an inpatient or outpatient basis.
If the court finds that the recipient is not subject to involuntary admission on an inpatient or outpatient basis, the court shall enter an order so finding and discharging the recipient.
If the court orders the discharge of a recipient who was adjudicated as having mental illness pursuant to any prior statute of this State or who was otherwise adjudicated to be under legal disability, the court shall also enter an order restoring the recipient to legal status without disability unless the court finds that the recipient continues to be under legal disability.
A copy of any order discharging the recipient shall be given to the recipient and to the facility director.
(b-1) If the court determines that the recipient is subject SB3129 Enrolled - 34 - LRB096 14618 KTG 29457 b to involuntary admission on an outpatient basis, the court shall enter an appropriate order pursuant to Section 3-812.
(c) If the court determines that the recipient continues to be subject to involuntary admission on an inpatient basis, the court may continue or modify its original order in accordance with this Act.
Thereafter, no new petition for discharge may be filed without leave of court.
(Source:
P.A.
88-380.) (405 ILCS 5/3-902) (from Ch.
91 1/2, par.
3-902) Sec.
3-902.
Director initiated discharge.
(a) The facility director may at any time discharge an informal, voluntary, or minor recipient who is clinically suitable for discharge.
(b) The facility director shall discharge a recipient admitted upon court order under this Chapter or any prior statute where he is no longer subject to involuntary admission on an inpatient basis.
If the facility director believes that continuing treatment is advisable for such recipient, he shall inform the recipient of his right to remain as an informal or voluntary recipient.
If the facility director determines that the recipient is subject to involuntary admission on an outpatient basis, he or she shall petition the court for such a commitment pursuant to this Chapter.
(c) When a facility director discharges or changes the status of a recipient pursuant to this Section he shall SB3129 Enrolled - 35 - LRB096 14618 KTG 29457 b promptly notify the clerk of the court which entered the original order of the discharge or change in status.
Upon receipt of such notice, the clerk of the court shall note the action taken in the court record.
If the person being discharged is a person under legal disability, the facility director shall also submit a certificate regarding his legal status without disability pursuant to Section 3-907.
(d) When the facility director determines that discharge is appropriate for a recipient pursuant to this Section or Section 3-403 he or she shall notify the state's attorney of the county in which the recipient resided immediately prior to his admission to a mental health facility and the state's attorney of the county where the last petition for commitment was filed at least 48 hours prior to the discharge when either state's attorney has requested in writing such notification on that individual recipient or when the facility director regards a recipient as a continuing threat to the peace and safety of the community.
Upon receipt of such notice, the state's attorney may take any court action or notify such peace officers that he deems appropriate.
When the facility director determines that discharge is appropriate for a recipient pursuant to this Section or Section 3-403, he or she shall notify the person whose petition pursuant to Section 3-701 resulted in the current hospitalization of the recipient's discharge at least 48 hours prior to the discharge, if the petitioner has requested in writing such notification on that individual SB3129 Enrolled - 36 - LRB096 14618 KTG 29457 b recipient.
(e) The facility director may grant a temporary release to a recipient whose condition is not considered appropriate for discharge where such release is considered to be clinically appropriate, provided that the release does not endanger the public safety.
(Source:
P.A.
96-570, eff.
1-1-10.) (405 ILCS 5/1-104.5 rep.) (405 ILCS 5/3-704.1 rep.) (405 ILCS 5/3-815 rep.) Section 10.
The Mental Health and Developmental Disabilities Code is amended by repealing Sections 1-104.5, 3-704.1, and 3-815.
Section 15.
(3) the parent or guardian of a recipient who is at least 12 but under 18 years, if the recipient is informed and does not object or if the therapist does not find that there are compelling reasons for denying the access.
SB3129 Enrolled - 37 - LRB096 14618 KTG 29457 b (3) the parent or guardian of a recipient who is at least 12 but under 18 years, if the recipient is informed and does not object or if the therapist does not find that there are compelling reasons for denying the access.
Nothing in this paragraph is intended to prohibit the parent or guardian of a recipient who is at least 12 but under 18 years from requesting and receiving SB3129 Engrossed - 9 - LRB096 14618 KTG 29457 b the following information:
Nothing in this paragraph is intended to prohibit the parent or guardian of a recipient who is at least 12 but under 18 years from requesting and receiving the following information:
or (8) any person in whose care and custody the recipient has been placed pursuant to Section 3-811 of the Mental Health and Developmental Disabilities Code.
or (8) any person in whose care and custody the recipient has been placed pursuant to Section 3-811 of the Mental SB3129 Enrolled - 38 - LRB096 14618 KTG 29457 b Health and Developmental Disabilities Code.
However, when requested to do so in writing by any indigent recipient, the custodian of the records shall provide at no charge to the recipient, or to the SB3129 Engrossed - 10 - LRB096 14618 KTG 29457 b Guardianship and Advocacy Commission, the agency designated by the Governor under Section 1 of the Protection and Advocacy for Developmentally Disabled Persons Act or to any other not-for-profit agency whose primary purpose is to provide free legal services or advocacy for the indigent and who has received written authorization from the recipient under Section 5 of this Act to receive his records, one copy of any records in its possession whose disclosure is authorized under this Act.
However, when requested to do so in writing by any indigent recipient, the custodian of the records shall provide at no charge to the recipient, or to the Guardianship and Advocacy Commission, the agency designated by the Governor under Section 1 of the Protection and Advocacy for Developmentally Disabled Persons Act or to any other not-for-profit agency whose primary purpose is to provide free legal services or advocacy for the indigent and who has received written authorization from the recipient under Section 5 of this Act to receive his records, one copy of any records in its possession whose disclosure is authorized under this Act.
If the request is refused, the person may seek a court order to compel modification.
If the request is refused, SB3129 Enrolled - 39 - LRB096 14618 KTG 29457 b the person may seek a court order to compel modification.
For the purposes of continuity of care, the Department of Human SB3129 Engrossed - 11 - LRB096 14618 KTG 29457 b Services (as successor to the Department of Mental Health and Developmental Disabilities), community agencies funded by the Department of Human Services in that capacity, licensed private hospitals receiving payments from the Department of Human Services or the Department of Healthcare and Family Services, State correctional facilities prisons operated by the Department of Corrections, mental health facilities operated by a county, and jails operated by any county of this State may disclose a recipient's record or communications, without consent, to each other, but only for the purpose of admission, treatment, planning, or discharge.
For the purposes of continuity of care, the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities), community agencies funded by the Department of Human Services in that capacity, licensed private hospitals receiving payments from the Department of Human Services or the Department of Healthcare and Family Services, State correctional facilities prisons operated by the Department of Corrections, mental health facilities operated by a county, and jails operated by any county of this State may disclose a recipient's record or communications, without consent, to each other, but only for the purpose of admission, treatment, planning, or discharge.
No records or communications may be disclosed to a county jail or State correctional facility prison pursuant to this Section unless the Department has entered into a written agreement with the county jail or State correctional facility prison requiring that the county jail or State correctional facility prison adopt written policies and procedures designed to ensure that the records and communications are disclosed only to those persons employed by or under contract to the county jail or State correctional facility prison who are involved in the provision of mental health services to inmates and that the records and communications are protected from further disclosure.
No records or communications may be disclosed to a county jail or State correctional facility prison pursuant to this Section unless the Department has entered into a written agreement with the SB3129 Enrolled - 40 - LRB096 14618 KTG 29457 b county jail or State correctional facility prison requiring that the county jail or State correctional facility prison adopt written policies and procedures designed to ensure that the records and communications are disclosed only to those persons employed by or under contract to the county jail or State correctional facility prison who are involved in the provision of mental health services to inmates and that the records and communications are protected from further disclosure.
SB3129 Engrossed - 12 - LRB096 14618 KTG 29457 b (Source:
(Source:
(1) Records and communications may be disclosed in a civil, criminal or administrative proceeding in which the recipient introduces his mental condition or any aspect of his services received for such condition as an element of his claim or defense, if and only to the extent the court in which the proceedings have been brought, or, in the case of an administrative proceeding, the court to which an appeal or other action for review of an administrative determination may be taken, finds, after in camera examination of testimony or other evidence, that it is relevant, probative, not unduly prejudicial or inflammatory, and otherwise clearly admissible;
(1) Records and communications may be disclosed in a civil, criminal or administrative proceeding in which the recipient introduces his mental condition or any aspect of his services received for such condition as an element of his claim or defense, if and only to the extent the court in which the proceedings have been brought, or, in the case of an administrative proceeding, the court to which an appeal or other action for review of an administrative SB3129 Enrolled - 41 - LRB096 14618 KTG 29457 b determination may be taken, finds, after in camera examination of testimony or other evidence, that it is relevant, probative, not unduly prejudicial or inflammatory, and otherwise clearly admissible;
and that disclosure is more important to the interests of substantial justice than protection from injury to the therapist-recipient relationship or to the SB3129 Engrossed - 13 - LRB096 14618 KTG 29457 b recipient or other whom disclosure is likely to harm.
and that disclosure is more important to the interests of substantial justice than protection from injury to the therapist-recipient relationship or to the recipient or other whom disclosure is likely to harm.
(2) Records or communications may be disclosed in a civil proceeding after the recipient's death when the recipient's physical or mental condition has been introduced as an element of a claim or defense by any party claiming or defending through or as a beneficiary of the recipient, provided the court finds, after in camera examination of the evidence, that it is relevant, probative, and otherwise clearly admissible;
SB3129 Enrolled - 42 - LRB096 14618 KTG 29457 b (2) Records or communications may be disclosed in a civil proceeding after the recipient's death when the recipient's physical or mental condition has been introduced as an element of a claim or defense by any party claiming or defending through or as a beneficiary of the recipient, provided the court finds, after in camera examination of the evidence, that it is relevant, probative, and otherwise clearly admissible;
that other satisfactory evidence is not available regarding the facts SB3129 Engrossed - 14 - LRB096 14618 KTG 29457 b sought to be established by such evidence;
that other satisfactory evidence is not available regarding the facts sought to be established by such evidence;
(3) In the event of a claim made or an action filed by a recipient, or, following the recipient's death, by any party claiming as a beneficiary of the recipient for injury caused in the course of providing services to such recipient, the therapist and other persons whose actions are alleged to have been the cause of injury may disclose pertinent records and communications to an attorney or attorneys engaged to render advice about and to provide representation in connection with such matter and to persons working under the supervision of such attorney or attorneys, and may testify as to such records or communication in any administrative, judicial or discovery proceeding for the purpose of preparing and presenting a defense against such claim or action.
(3) In the event of a claim made or an action filed by a recipient, or, following the recipient's death, by any party claiming as a beneficiary of the recipient for injury caused in the course of providing services to such recipient, the therapist and other persons whose actions are alleged to have been the cause of injury may disclose pertinent records and communications to an attorney or attorneys engaged to render advice about and to provide representation in connection with such matter and to persons working under the supervision of such attorney or attorneys, and may testify as to such records or communication in any administrative, judicial or discovery proceeding for the purpose of preparing and presenting a SB3129 Enrolled - 43 - LRB096 14618 KTG 29457 b defense against such claim or action.
(4) Records and communications made to or by a therapist in the course of examination ordered by a court for good cause shown may, if otherwise relevant and admissible, be disclosed in a civil, criminal, or administrative proceeding in which the recipient is a party or in appropriate pretrial proceedings, provided such court has found that the recipient has been as adequately and as effectively as possible informed before submitting SB3129 Engrossed - 15 - LRB096 14618 KTG 29457 b to such examination that such records and communications would not be considered confidential or privileged.
(4) Records and communications made to or by a therapist in the course of examination ordered by a court for good cause shown may, if otherwise relevant and admissible, be disclosed in a civil, criminal, or administrative proceeding in which the recipient is a party or in appropriate pretrial proceedings, provided such court has found that the recipient has been as adequately and as effectively as possible informed before submitting to such examination that such records and communications would not be considered confidential or privileged.
(7) Records and communications of the recipient may be disclosed in any civil or administrative proceeding involving the validity of or benefits under a life, accident, health or disability insurance policy or certificate, or Health Care Service Plan Contract, insuring the recipient, but only if and to the extent that the recipient's mental condition, or treatment or services in connection therewith, is a material element of any claim or defense of any party, provided that information sought or disclosed shall not be redisclosed except in connection SB3129 Engrossed - 16 - LRB096 14618 KTG 29457 b with the proceeding in which disclosure is made.
(7) Records and communications of the recipient may be SB3129 Enrolled - 44 - LRB096 14618 KTG 29457 b disclosed in any civil or administrative proceeding involving the validity of or benefits under a life, accident, health or disability insurance policy or certificate, or Health Care Service Plan Contract, insuring the recipient, but only if and to the extent that the recipient's mental condition, or treatment or services in connection therewith, is a material element of any claim or defense of any party, provided that information sought or disclosed shall not be redisclosed except in connection with the proceeding in which disclosure is made.
However, records and communications of the deceased recipient disclosed in an investigation shall be limited solely to the deceased recipient's records and communications relating to the factual circumstances of the incident being investigated in a mental health facility.
However, records and communications of the deceased recipient disclosed in an SB3129 Enrolled - 45 - LRB096 14618 KTG 29457 b investigation shall be limited solely to the deceased recipient's records and communications relating to the factual circumstances of the incident being investigated in a mental health facility.
(11) Records and communications of a recipient shall be disclosed in a proceeding where a petition or motion is filed under the Juvenile Court Act of 1987 and the recipient is named as a parent, guardian, or legal custodian of a minor who is the subject of a petition for SB3129 Engrossed - 17 - LRB096 14618 KTG 29457 b wardship as described in Section 2-3 of that Act or a minor who is the subject of a petition for wardship as described in Section 2-4 of that Act alleging the minor is abused, neglected, or dependent or the recipient is named as a parent of a child who is the subject of a petition, supplemental petition, or motion to appoint a guardian with the power to consent to adoption under Section 2-29 of the Juvenile Court Act of 1987.
(11) Records and communications of a recipient shall be disclosed in a proceeding where a petition or motion is filed under the Juvenile Court Act of 1987 and the recipient is named as a parent, guardian, or legal custodian of a minor who is the subject of a petition for wardship as described in Section 2-3 of that Act or a minor who is the subject of a petition for wardship as described in Section 2-4 of that Act alleging the minor is abused, neglected, or dependent or the recipient is named as a parent of a child who is the subject of a petition, supplemental petition, or motion to appoint a guardian with the power to consent to adoption under Section 2-29 of the Juvenile Court Act of 1987.
Whenever records are disclosed pursuant to this subdivision (12), the recipient of the records shall be advised in writing that any person who discloses mental health records and communications in violation of this Act may be subject to civil liability pursuant to Section 15 of this Act or to criminal penalties pursuant to Section 16 of this Act or both.
Whenever SB3129 Enrolled - 46 - LRB096 14618 KTG 29457 b records are disclosed pursuant to this subdivision (12), the recipient of the records shall be advised in writing that any person who discloses mental health records and communications in violation of this Act may be subject to civil liability pursuant to Section 15 of this Act or to criminal penalties pursuant to Section 16 of this Act or both.
(b) Before a disclosure is made under subsection (a), any party to the proceeding or any other interested person may SB3129 Engrossed - 18 - LRB096 14618 KTG 29457 b request an in camera review of the record or communications to be disclosed.
(b) Before a disclosure is made under subsection (a), any party to the proceeding or any other interested person may request an in camera review of the record or communications to be disclosed.
(c) A recipient's records and communications may be disclosed to a duly authorized committee, commission or subcommittee of the General Assembly which possesses subpoena and hearing powers, upon a written request approved by a majority vote of the committee, commission or subcommittee members.
(c) A recipient's records and communications may be disclosed to a duly authorized committee, commission or SB3129 Enrolled - 47 - LRB096 14618 KTG 29457 b subcommittee of the General Assembly which possesses subpoena and hearing powers, upon a written request approved by a majority vote of the committee, commission or subcommittee members.
The facility shall notify the recipient, or his guardian, and therapist in writing of any disclosure request under this SB3129 Engrossed - 19 - LRB096 14618 KTG 29457 b subsection within 5 business days after such request.
The facility shall notify the recipient, or his guardian, and therapist in writing of any disclosure request under this subsection within 5 business days after such request.
Disclosure under this subsection shall not occur until all personally identifiable data of the recipient and provider are removed from the records and communications.
SB3129 Enrolled - 48 - LRB096 14618 KTG 29457 b Disclosure under this subsection shall not occur until all personally identifiable data of the recipient and provider are removed from the records and communications.
(d) No party to any proceeding described under paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a) of this Section, nor his or her attorney, shall serve a subpoena seeking to obtain access to records or communications under this Act unless the subpoena is accompanied by a written order SB3129 Engrossed - 20 - LRB096 14618 KTG 29457 b issued by a judge, authorizing the disclosure of the records or the issuance of the subpoena.
(d) No party to any proceeding described under paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a) of this Section, nor his or her attorney, shall serve a subpoena seeking to obtain access to records or communications under this Act unless the subpoena is accompanied by a written order issued by a judge, authorizing the disclosure of the records or the issuance of the subpoena.
"No person shall comply with a subpoena for mental health records or communications pursuant to Section 10 of the Mental Health and Developmental Disabilities Confidentiality Act, 740 ILCS 110/10, unless the subpoena is accompanied by a written order that authorizes the issuance of the subpoena and the disclosure of records or communications." (e) When a person has been transported by a peace officer to a mental health facility, then upon the request of a peace officer, if the person is allowed to leave the mental health facility within 48 hours of arrival, excluding Saturdays, Sundays, and holidays, the facility director shall notify the local law enforcement authority prior to the release of the person.
"No person shall comply with a subpoena for mental health records or communications pursuant to Section 10 of the Mental Health and Developmental Disabilities Confidentiality Act, 740 ILCS 110/10, unless the subpoena is accompanied by a written order that authorizes the SB3129 Enrolled - 49 - LRB096 14618 KTG 29457 b issuance of the subpoena and the disclosure of records or communications." (e) When a person has been transported by a peace officer to a mental health facility, then upon the request of a peace officer, if the person is allowed to leave the mental health facility within 48 hours of arrival, excluding Saturdays, Sundays, and holidays, the facility director shall notify the local law enforcement authority prior to the release of the person.
The local law enforcement authority may re-disclose the SB3129 Engrossed - 21 - LRB096 14618 KTG 29457 b information as necessary to alert the appropriate enforcement or prosecuting authority.
The local law enforcement authority may re-disclose the information as necessary to alert the appropriate enforcement or prosecuting authority.
A recipient's records and communications shall also be disclosed pursuant to subsection (g-5) of Section 1-17 of the Department of Human Services Act in testimony at health care worker registry hearings or preliminary proceedings when such are relevant to the matter in issue, provided that any information so disclosed shall not be utilized for any other purpose nor be redisclosed except in connection with such action or preliminary proceedings.
A recipient's records and communications shall also be disclosed pursuant to subsection (g-5) of Section 1-17 of the Department of Human Services Act in testimony at health care worker registry hearings or SB3129 Enrolled - 50 - LRB096 14618 KTG 29457 b preliminary proceedings when such are relevant to the matter in issue, provided that any information so disclosed shall not be utilized for any other purpose nor be redisclosed except in connection with such action or preliminary proceedings.
SB3129 Engrossed - 22 - LRB096 14618 KTG 29457 b INDEX Statutes amended in order of appearance 405 ILCS 5/1-104.5 405 ILCS 5/3-602 from Ch.
91 1/2, par.
3-602 405 ILCS 5/3-603 from Ch.
91 1/2, par.
3-603 405 ILCS 5/3-607 from Ch.
91 1/2, par.
3-607 405 ILCS 5/3-610 from Ch.
91 1/2, par.
3-610 405 ILCS 5/3-702 from Ch.
91 1/2, par.
3-702 405 ILCS 5/3-703 from Ch.
91 1/2, par.
3-703 740 ILCS 110/4 from Ch.
91 1/2, par.
804 740 ILCS 110/9.2 740 ILCS 110/10 from Ch.
91 1/2, par.
810
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Action History

  1. Public Act . . . . . . . . . 96-1399

  2. Effective Date July 29, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 2 Senate Concurs 057-000-000

  7. House Committee Amendment No. 1 Senate Concurs 057-000-000

  8. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 011-000-000

  9. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 011-000-000

  10. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive

  11. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive

  12. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  13. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Dale A. Righter

  14. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  15. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Dale A. Righter

  16. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 5, 2010

  17. Secretary's Desk - Concurrence House Amendment(s) 1, 2

  18. Added Alternate Co-Sponsor Rep. Esther Golar

  19. Third Reading - Short Debate - Passed 117-000-000

  20. Added Alternate Chief Co-Sponsor Rep. Roger L. Eddy

  21. Placed on Calendar Order of 3rd Reading - Short Debate

  22. House Floor Amendment No. 2 Adopted by Voice Vote

  23. Second Reading - Short Debate

  24. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000

  25. House Floor Amendment No. 2 Referred to Rules Committee

  26. House Floor Amendment No. 2 Filed with Clerk by Rep. Patricia R. Bellock

  27. Placed on Calendar 2nd Reading - Short Debate

  28. Do Pass as Amended / Short Debate Health & Healthcare Disparities Committee; 008-000-000

  29. House Committee Amendment No. 1 Adopted in Health & Healthcare Disparities Committee; by Voice Vote

  30. House Committee Amendment No. 1 Filed with Clerk by Health & Healthcare Disparities Committee

  31. Assigned to Health & Healthcare Disparities Committee

  32. Alternate Chief Sponsor Changed to Rep. Patricia R. Bellock

  33. Referred to Rules Committee

  34. First Reading

  35. Placed on Calendar Order of First Reading

  36. Chief House Sponsor Rep. Roger L. Eddy

  37. Arrived in House

  38. Third Reading - Passed; 057-000-000

  39. Placed on Calendar Order of 3rd Reading March 18, 2010

  40. Senate Floor Amendment No. 1 Adopted; Righter

  41. Recalled to Second Reading

  42. Senate Floor Amendment No. 1 Recommend Do Adopt Human Services; 008-000-000

  43. Senate Floor Amendment No. 1 Assignments Refers to Human Services

  44. Senate Floor Amendment No. 1 Referred to Assignments

  45. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Dale A. Righter

  46. Placed on Calendar Order of 3rd Reading March 10, 2010

  47. Second Reading

  48. Placed on Calendar Order of 2nd Reading March 9, 2010

  49. Do Pass Human Services; 006-000-000

  50. Assigned to Human Services

  51. Referred to Assignments

  52. First Reading

  53. Filed with Secretary by Sen. Dale A. Righter

Sponsors

  • Dale A. Righter · Cosponsor
  • Esther Golar · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • Dale A. Righter
  • Esther Golar

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 2

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 9000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Hendon — Yea
Hultgren — Yea
Lauzen — Yea
McCarter — Yea
Meeks — Yea
Millner — Yea
Demuzio — Yea
Muñoz — Yea
Jacobs — Yea
Noland — Yea
Pankau — Yea
Schoenberg — Yea
Jones, J. — Yea
Silverstein — Yea
Brady — Yea
Sullivan — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Burzynski — Yea
Clayborne — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hutchinson — Yea
Kotowski — Yea
Radogno — Not Voting
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Concurrence

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 47002
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
McCarter — Yea
Meeks — Yea
Muñoz — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Demuzio — Yea
Jacobs — Yea
Jones, J. — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Hutchinson — Yea
Brady — Yea
Sullivan — Yea
Kotowski — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Noland — Yea
Cullerton — Yea
Pankau — Yea
Radogno — Not Voting
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Millner — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 12001
Unaffiliated 101000
Republican 4000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Jakobsson — Yea
Jefferson — Yea
Nekritz — Yea
Lang — Yea
Leitch — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Davis, Monique — Yea
Mell — Yea
Mendoza — Yea
Reitz — Yea
Senger — Yea
Sente — Yea
Lyons — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Burke — Yea
Sullivan — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Kosel — Yea
Madigan — Yea
Mitchell, Bill — Yea
Moffitt — Yea
Mulligan — Yea
Mitchell, Jerry — Yea
Myers — Yea
Gordon, Careen — Yea
Osterman — Yea
Gordon, Jehan — Yea
Pihos — Yea
Hannig — Yea
Thapedi — Yea
Harris — Yea
Tryon — Yea
Hernandez — Yea
Turner — Yea
Watson — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Howard — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Carberry — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Froehlich — Yea
Golar — Yea
Hatcher — Yea
Holbrook — Yea
Jackson — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Burns — Yea
Colvin — Yea
Connelly — Yea
McAsey — Yea
Coulson — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 9000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Hultgren — Yea
Lauzen — Yea
Luechtefeld — Yea
Martinez — Yea
Millner — Yea
Muñoz — Yea
Noland — Yea
Pankau — Yea
Demuzio — Yea
Jacobs — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Jones, J. — Yea
Trotter — Yea
Brady — Yea
Sullivan — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Hutchinson — Yea
Meeks — Not Voting
DeLeo — Yea
Kotowski — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Not Voting
Sandoval — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
McCarter — Yea
Duffy — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does SB 3129 do?
Amends the Mental Health and Developmental Disabilities Code and the Mental Health and Developmental Disabilities Confidentiality Act. Changes the definition of "dangerous conduct" to mean threatening behavior or conduct that places another individual or the person engaging in the behavior or conduct (rather than places another individual) in reasonable expectation of being harmed, or a person's inability to provide, without the assistance of family or outside help, for his or her basic physical needs so as to guard himself or herself from serious harm. Extends the lists of possible medical practitioners who must examine a person subject to an involuntary admission petition and execute a certificate stating whether involuntary admission and immediate hospitalization is appropriate, to include a psychiatrist (rather than a physician, qualified examiner, or clinical psychologist only). Contains provisions regarding the amount of time a mental health facility can temporarily detain a person for examination; the situations under which a person can be released from a mental health facility following the initial examination period and the court filing of a certificate stating whether involuntary admission and immediate hospitalization is appropriate; additional persons who are entitled to inspect and copy an admitted person's mental health records; additional agencies that may disclose a person's mental health records and communications to other agencies; and other matters. Effective immediately.
Who sponsors SB 3129?
SB 3129 is sponsored by Dale A. Righter and Esther Golar.
What is the current status of SB 3129?
This bill has been enacted into law. Introduced February 08, 2010. Enacted.
Where can I track SB 3129?
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