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| Questions on Illinois State Laws |
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Sec. 4. Any… registered psychologist and assistants working under the direct supervision of a psychologist… having reasonable cause to believe a child known to them in their professional or official capacity may be an abused child or a neglected child shall immediately report or cause a report to be made to the Department. Whenever such person is required to report under this Act… he shall make report immediately to the Department in accordance with the provisions of this Act… The privileged quality of communication between any professional person required to report and his patient or client shall not apply to situations involving abused or neglected children and shall not constitute grounds for failure to report as required by this Act…
Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the "Criminal Code of 1961". Any person who violates this provision a second or subsequent time shall be guilty of a Class 4 felony."
Read the entire Abused and Neglected Child Reporting Act 325 ILCS 5 or review A Manual for Mandated Reporters made by the Department of Children and Family Services
Read the full AIDS Confidentiality Act 410 ILCS 305
Section 697.140 Nondisclosure of the Identity of a Person tested or Test Results
-Any person designated in a legally effective release of the test results executed by the subject of the test or the subject's legally authorized representative. (Section 9(b) of the AIDS Confidentiality Act) A legally effective release means a written release of medical information specific to HIV test results signed by the test subject. A general release is not sufficient….
-Any health care provider or employee of a health facility, and any firefighter or any EMT-A, EMT-I, EMT-P involved in an accidental direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment. (Section 9(h) of the AIDS Confidentiality Act)"
"The intentional or reckless violation of the AIDS Confidentiality Act or any regulation issued under that Act shall constitute a Class B misdemeanor. (Section 12 of the AIDS Confidentiality Act)
Sections 697.110, 697.120, 697.130 and 697.140 shall not apply to eligibility and coverage requirements established by a health maintenance organization nor to any insurance company fraternal benefit society, or other insurer regulated under the Illinois Insurance Code. (Section 15.1 of the AIDS Confidentiality Act)"
(405 ILCS 5/3-501)
"Sec. 3-501. (a) Any minor 12 years of age or older may request and receive counseling services or psychotherapy on an outpatient basis. The consent of his parent, guardian or person in loco parentis shall not be necessary to authorize outpatient counseling or psychotherapy. The minor's parent, guardian or person in loco parentis shall not be informed of such counseling or psychotherapy without the consent of the minor unless the facility director believes such disclosure is necessary. If the facility director intends to disclose the fact of counseling or psychotherapy, the minor shall be so informed. However, until the consent of the minor's parent, guardian or person in loco parentis has been obtained, outpatient counseling or psychotherapy provided to a minor under the age of 17 shall be limited to not more than 5 sessions, a session lasting not more than 45 minutes.
(b) The minor's parent, guardian or person in loco parentis shall not be liable for the costs of outpatient counseling or psychotherapy which is received by the minor without the consent of the minor's parent, guardian or person in loco parentis. (Source: P.A. 86-922.)"
Read the Mental Health and Developmental Disabilities Code 405 ILCS 5 in PDF Format or HTML Format
(405 ILCS 5/3-502)
"Sec. 3-502. Any minor 16 years of age or older may be admitted to a mental health facility as a voluntary recipient under Article IV of this Chapter if the minor himself executes the application, except that if the Community Service Area has a participating mental health center, no minor shall be admitted to a State-operated mental health center until a written statement, as required under Section 3-601.1, recommending admission has been obtained from a qualified certifier. A minor so admitted shall be treated as an adult under Article IV and shall be subject to all of the provisions of that Article. The minor's parent, guardian or person in loco parentis shall be immediately informed of the admission. (Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94.)"
Read the Mental Health and Developmental Disabilities Code 405 ILCS 5 in PDF Format or HTML Format
(740 ILCS 110/3)
"Sec. 3. (a) All records and communications shall be confidential and shall not be disclosed except as provided in this Act.
(b) A therapist is not required to but may, to the extent he determines it necessary and appropriate, keep personal notes regarding a recipient. Such personal notes are the work product and personal property of the therapist and shall not be subject to discovery in any judicial, administrative or legislative proceeding or any proceeding preliminary thereto.
(c) Psychological test material whose disclosure would compromise the objectivity or fairness of the testing process may not be disclosed to anyone including the subject of the test and is not subject to disclosure in any administrative, judicial or legislative proceeding. However, any recipient who has been the subject of the psychological test shall have the right to have all records relating to that test disclosed to any psychologist designated by the recipient. Requests for such disclosure shall be in writing and shall comply with the requirements of subsection (b) of Section 5 of this Act. (Source: P.A. 86-1417.)"
Read the Mental Health and Developmental Disabilities Confidentiality Act 740 ILCS 110
(740 ILCS 110/4)
"Sec. 4. (a) The following persons shall be entitled, upon request, to inspect and copy a recipient's record or any part thereof:
(2) the recipient if he is 12 years of age or older;
(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. The parent or guardian who is denied access by either the recipient or the therapist may petition a court for access to the record. 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: current physical and mental condition, diagnosis, treatment needs, services provided, and services needed, including medication, if any;
(4) the guardian of a recipient who is 18 years or older;
(5) an attorney or guardian ad litem who represents a minor 12 years of age or older in any judicial or administrative proceeding, provided that the court or administrative hearing officer has entered an order granting the attorney this right; or
(6) an agent appointed under a recipient's power of attorney for health care or for property, when the power of attorney authorizes the access."
Read the Mental Health and Developmental Disabilities Confidentiality Act 740 ILCS 110
(740 ILCS 110/4)
"Sec. 4. (c) Any person entitled to access to a record under this Section may submit a written statement concerning any disputed or new information, which statement shall be entered into the record. Whenever any disputed part of a record is disclosed, any submitted statement relating thereto shall accompany the disclosed part. Additionally, any person entitled to access may request modification of any part of the record which he believes is incorrect or misleading. If the request is refused, the person may seek a court order to compel modification.
(d) Whenever access or modification is requested, the request and any action taken thereon shall be noted in the recipient's record. (Source: P.A. 88-484; 89-439, eff. 6-1-96.)"
Read the Mental Health and Developmental Disabilities Confidentiality Act 740 ILCS 110
(740 ILCS 110/5)
"Sec. 5. Disclosure; consent.
(b) Every consent form shall be in writing and shall specify the following:
(2) the purpose for which disclosure is to be made;
(3) the nature of the information to be disclosed;
(4) the right to inspect and copy the information to be disclosed;
(5) the consequences of a refusal to consent, if any; and
(6) the calendar date on which the consent expires, provided that if no calendar date is stated, information may be released only on the day the consent form is received by the therapist; and
(7) the right to revoke the consent at any time.
Read the Mental Health and Developmental Disabilities Confidentiality Act 740 ILCS 110
(740 ILCS 110/5)
Sec. 5. Disclosure; consent.
"(c) Only information relevant to the purpose for which disclosure is sought may be disclosed. Blanket consent to the disclosure of unspecified information shall not be valid. Advance consent may be valid only if the nature of the information to be disclosed is specified in detail and the duration of the consent is indicated. Consent may be revoked in writing at any time; any such revocation shall have no effect on disclosures made prior thereto."
Read the Mental Health and Developmental Disabilities Confidentiality Act 740 ILCS 110
(740 ILCS 110/5)
Sec. 5. Disclosure; consent.
"(d) No person or agency to whom any information is disclosed under this Section may redisclose such information unless the person who consented to the disclosure specifically consents to such redisclosure."
Read the Mental Health and Developmental Disabilities Confidentiality Act 740 ILCS 110
(15) Physical illness, including but not limited to, deterioration through the aging process, mental illness or disability that results in the inability to practice the profession with reasonable judgment, skill and safety.
(2) Gross negligence in the rendering of clinical psychological services.
(3) Using fraud or making any misrepresentation in applying for a license…
(4) Aiding or abetting or conspiring to aid or abet a person, not a clinical psychologist licensed under this Act, in representing himself or herself as so…
(5) Violation of any provision of this Act or the rules promulgated thereunder.
The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of the tax penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
Read The Clinical Psychologist Licensing Act from the Illinois Department of Professional Regulations
Confidentiality of information. No clinical psychologist shall disclose any information he or she may have acquired from persons consulting him or her in his or her professional capacity, to any persons except only:
(2) in all proceedings the purpose of which is to determine mental competency, or in which a defense of mental incapacity is raised,
(3) in actions, civil or criminal, against the psychologist for malpractice,
(4) with the expressed consent of the client, or in the case of his or her death or disability, or his or her personal representative or other person authorized to sue or of the beneficiary of an insurance policy on his or her life, health or physical condition, or
(5) upon an issue as to the validity of a document as a will of a client.
Read The Clinical Psychologist Licensing Act from the Illinois Department of Professional Regulations
