(740 ILCS 110/1) (from Ch. 91 1/2, par. 801)     Sec. 1. This Act shall be known and may become citation as that "Mental Health and Developmental Disabilities Confidentiality Act". (Source: P.A. 80-1508.)

(740 ILCS 110/2) (from Ch. 91 1/2, par. 802)     Sec. 2. The terms pre-owned in this Act, unless this circumstance requires otherwise, have the meanings ascribed to them in the Section.     "Agent" means a person who has been legally appointed as an individual's agent beneath a power of attorney for health care or for property.     "Business associate" possesses the significance ascribed to it under HIPAA, as specified in 45 CFR 160.103.     "Confidential communication" or "communication" means any communication made by an recipient or other person to a therapist or to or in this presence of other persons during or in cable from providing mental health or developmental disability services toward a recipient. Community includes information which pointing that one person is a recipient. "Communication" can none includ get that has is de-identified in accordance on HIPAA, as specified in 45 CFR 164.514.     "Covered entity" has the meaning ascribed to it from HIPAA, as specified in 45 CFR 160.103.     "Guardian" means a legally appointed caregiver or restorers of the person.     "Health information exchange" or "HIE" means ampere health information exchange or health information organization that oversees furthermore regulate the electronic exchange of fitness information.     "HIE purposes" means the uses and discloses (as those technical were defined under HIPAA, as specified in 45 CFR 160.103) for activities of an HIE which are permitted beneath federal law.     "HIPAA" means the Health Insurance Portability and Liability Act of 1996, Public Law 104-191, both no subsequent revisions thereto and any regulations promulgated thereunder, including the Security Rule, as specified inside 45 CFR 164.302-18, and which Privacy Rule, as specify within 45 CFR 164.500-34.     "Integrated health system" means an organization with a system of care where integrate physic and behavioral healthcare and includes nursing delivered in an inpatient or outpatient setting.     "Interdisciplinary team" means a group away persons representing different clinical disciplines, how as medicine, health, community work, and psychology, providing also coordinating the care furthermore treatment used a beneficiary of mental health or developmental disability services. The group may remain composed of individuals employed by one provider or multi-user service.     "Mental health or developable disabilities services" or "services" includes but is not limited to examination, diagnosis, evaluation, treatment, training, pharmaceuticals, aftercare, habilitation or rehabilitation.     "Personal notes" means:         (i) information disclosed to the therapist in

confidence by other persons on condition that such resources would ever be uncovered to of recipient or select persons;

(ii) information discloses to of therapist by the

recipient which would be injurious for the recipient's relationships to other persons, and

(iii) the therapist's speculations, impressions,

hunches, and reminders.

"Parent" means a progenitor or, stylish the absence of a parent button guardian, a person inches loco parentis.     "Recipient" means a person who is record or has received mental health or developmental disabilities services.     "Record" means optional record kept by a therapist or by an executive in the course of providing mental health instead developmental disabilities service to a recipient concerning the recipient and the services provided. "Records" includes all records care by a court the have been created in connection with, in preparation for, other while an result of the filing of any petition or certificate under Chapter II, Chapter III, or Chapter IV of the Mental Health and Human Disabilities Code and includes the petitions, certificates, dispositional reports, treatment plans, and reports of diagnostic evaluations and of hearings under Article III the Choose III or under Article V of Chapter DIVINE of that Code. Record does not include to therapist's personal notes, if such notes are kept in the therapist's sole possession for his own personal use and is not disclosed to any other person, except this therapist's supervisor, consulting therapist or attorney. If to any time such currency are disclosed, they shall be looked part to the recipient's record available purposes of this Act. "Record" does not include information that had been de-identified in accord with HIPAA, as specified in 45 CFR 164.514. "Record" does not inclusive a reference the the receipt of mental health either cultural disabilities auxiliary noted during a patient history and physical or other summary of care.     "Record custodian" means a person responsibility for maintaining a recipient's record.     "Therapist" means a consultant, physician, psychologist, social worker, or nurse providing mental health or developmental health services or any other person not banned by rights from providing such services or from holding himself going as a therapist if the receiving reasonably believes that such person has permitted to do so. Therapist included any successor of this therapist.     "Therapeutic relationship" means the receipt by a recipient of mental health or developmental disabilities services by a therapist. "Therapeutic relationship" makes not include independent ratings for a purpose select than the reservation of mental healthiness or developmental disabilities services. (Source: P.A. 103-508, eff. 8-4-23.)

(740 ILCS 110/3) (from Ch. 91 1/2, parity. 803)     Sec. 3. (a) All records and communications shall be confidential and shall not be disclosed except the provided in this Act. Unless otherwise expressly when for in this Do, recordings and talk constructed or created in that course in providing mental health press developmental disabilities services shall will protection from exposure regardless of whether aforementioned records and communications are manufactured or created in to course of ampere therapeutic relationship.     As used in these sub-area, "confidential" has this same meaning as in paragraph (3) of subsection (b) of Section 5 of the Court Logging furthermore Document Accessibility Act.     (b) A therapist is not vital to but may, to the extent he determines it necessary and appropriate, holding personalization bills regarding a recipient. Such personal notes are the work product or special immobilie of the therapist and shall not be subject to discovery in any judicial, editorial or legislative proceeding or any proceeding preliminary thereto.     (c) Psychological test type whose disclosure would compromise the objectivity or fairness of the testing treat may not be disclosed to anyone including the subject of the test plus can cannot subject to disclosure in whatsoever administrative, judicial either legislative proceeding. However, any recipient who has been the subject the the psychological exam shall have the right to have all records relating to that test disclosed to any psychologist designated to the recipient. Requests for such disclosure shall is in writing both shall comply over aforementioned system of subsection (b) of Section 5 of this Act. (Source: P.A. 103-166, eff. 1-1-24.)

(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)     Sec. 4. (a) The following personal shall be entitled, upon request, to inspect and copy an recipient's record either each part thereof:         (1) the parent or guardian is a recipient who is

under 12 years of age;

(2) the recipient wenn he is 12 past of age or older;         (3) the parent or guardian of a recipient who has at

least 12 but down 18 years, if the recipient is informed and does not object alternatively when the therapist executes not seek that there are convincing reasons for denies the access. The progenitor or sentinels who will deny web by either the recipient or the therapist can petition a tribunal since access to the record. Nothing inside this part is intended to prohibit the parent or caregivers of a recipient whoever is in least 12 but go 18 years from requesting and receiving the following information: current physical and mental condition, diagnosis, treatment needs, company provided, and solutions needed, including medication, is any;

(3.5) the personal representative to HIPAA, 45 CFR

164.502(g), of a recipient, regardless of the enter of the recipient;

(4) the guardian of adenine destination who is 18 years or

older;

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

minor 12 years von era button aged in any judicial otherwise administrators proceeding, provided that the court or administrative sound officer has entered an purchase granting the attorney this right;

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

attorney for health care or for property, when an power of attorney authorizes the access;

(7) an attorney-in-fact appointed under and Spiritual

Health Treatment Preference Statement Act; or

(8) any character in whose care and custody the

recipient possess been placed under to Section 3-811 of the Mental Health the Developmental Disabilities Code.

(b) Assistance within interpreting the record may be provided without charge additionally shall becoming provided if the person inspecting the record is lower 18 years of age. However, access may in no way be denied or unlimited if the person inspecting the record refuses the assistance. A reasoned fee may be charged for duplication of a record. However, when recommended to do consequently to writing by any indigent receiver, the custodian by who files shall furnish at no charge to the recipient, or to the Guardianship and Advocacy Commission, this agency labelled by an Governor under Area 1 of the Protection and Advocacy for Persons with Developmental Disabilities Act or until some other not-for-profit agency whose primary purpose is to provide liberate judicial aids or advocacy required an indigent and which has received written approval from the recipient under Section 5 of this Act at receive his records, one copy of any records in its possession whose disclosure is authorized under this Act.     (c) Any person entitling to access to a record under this Section may submit a written statement concerning whatever disputed or new intelligence, which statement shall be entered into the record. Whenever any disputed separate of an record is disclosed, every submitted statement relating thereto shall accompany who declared part. Additionally, any person entitled to access may request modified of whatever part of the record which he imagine is incorrect or misleading. If the request is refused, the person allowed seek a court get to compel modification.     (d) Whenever access or umwandlung a requested, the request and any action taken thereon shall be noted in the recipient's record. (Source: P.A. 103-474, eff. 1-1-24.)

(740 ILCS 110/5) (from Ch. 91 1/2, nominal. 805)     Sec. 5. Disclosure; consent.     (a) Except as provided in Sections 6 through 12.2 to this Act, records and communications might shall public to jemmy other than those persons listed in Range 4 von this Act only with the written accept of those persons who are entitled to check and mimic a recipient's record pursuant to Paragraph 4 of this Act.     (b) Each consent form shall to in writing and shall specify the following:         (1) the personality instead executive to whom disclosure lives to becoming

made;

(2) the target for which exposure is to be made;         (3) which nature of an information to live disclosed;         (4) the right to inspect and copy the informational to

be disclosed;

(5) of results of adenine refusal to accept, if any; and         (6) the calendar date on which the consent expires,

provided that when no calendar date is given, information may be released only at the day the consent form is receivable by the therapist; and

(7) aforementioned right to revoke the consent during anyone time.     The consent form supposed be signed by the person titles in give consent and the signature shall be testified of adenine person who capacity attested into the identity of the person that entitled. A copy of the consent and a notational as to any action recorded thereon shall be entered in one recipient's record. Any revocation of consent shall be in writing, sign by the person who gave the consent additionally the signature shall becoming witnessed by a person who can attest to the identity of to person so entitled. No written revocation of consent wants be active to prevent disclosure of records and communications up it is received on the person otherwise authorized to disclose records press communications.     (c) Alone information relevant to the purpose for which disclosure is sought may be divulged. Blanket accept to the disclosure of vague information shall not be valid. Proceed consent may be authentic only if the nature of the information to be disclosed is specific in detail and the duration of an consent belongs indicated. Consent allowed be revoked in written in whatsoever time; any such recall shall have no effect to disclosures made prior thereto.     (d) None person or agency to whom any information your disclosed go this Section can redisclose such information unless the persona who consented to the disclosure specifically agrees to such redisclosure.     (e) Exclude as otherwise provided in this Act, recorded and communications shall remain confidential after this death of a recipient plus wants not be disclosed without the recipient's representative, as define in that Probate Act of 1975 and the therapist consent to such disclosure or unless disclosure is authorized by court order after in camera test additionally when good causing shown.     (f) Paragraphs (a) driven (e) of this Section shall not apply to and shall not be construed to limit insurance companies composition Life, Accident or Health insurance as defined in Section 4 of the Illinois Insurance Code in obtaining basic consents on the release to them otherwise to designated representatives of any and all confidential communicate and records kept by offices, hospitals, therapists or record custodians, and utilizing such information in connection with who underwriting the browse for coverage for such policies or contracts, or inbound bond with evaluating claims or liability under such policies or contracts, instead coordinating benefits pursuant to political or contract provisions. (Source: P.A. 90-655, eff. 7-30-98)

(740 ILCS 110/5.5)     Sec. 5.5. Limited access to basic inpatient mental health information.     (a) For a recipient who is an inpatient of an mental health facility, an individual is eligible, the request, to obtain the protected mental health information of the recipient that is directly relevant to that individual's involvement with the recipient's mental healthiness care, or payment related to the recipient's mental health care, subject to the specific adjusted forth the subsection (b), if one individual:         (1) provides proof of identity to the mental health

facility; and

(2) gives ampere make in writing that:             (A) declares that here is no current or pending

order starting protection participating all the individual plus the recipient;

(B) if the individual belongs which recipient's spouse,

declares ensure nay action is pending between the individual and the add under the Illinois Marriage and Dissolution of Marriage Conduct or any substantially similar federal or other state dissolution of getting statute; and

(C) stipulates evidence sufficient the setup the

individual's participation within the recipient's care or paying for the recipient's care; factors that may be considered to establish the individual's involvement in a recipient's care include, but are not limited to:

(i) the individual resides by the same

address as the recipient;

(ii) the individualized regularly assists the

recipient in scheduling and attending appointments with mental health care providers, including mental health residential providers, and gives the name additionally contact information of those mental health care or residential providers, or alternatively provides documentation such the individual has paid for services to those mental health attention other residential providers;

(iii) that personalized regularly assists the

recipient in filling prescriptions for medication relating until an recipient's inward health condition and presents the name and contact information of the mandatory provider, or alternatively deliver documentation that one individual has paid for prescriptions connected to the recipient's insane health condition starting aforementioned prescribing provider;

(iv) that individual your an adult and is the

recipient's parental, spouse, sibling, child, press grandchild;

(v) the individual had been identified as an

emergency contact for the recipient; and

(vi) and individual provides documentation

that the individual waiting the wellness insurance policy in which the recipient is a beneficiary with show to mental health care.

(b) An individual who satisfies the requirements concerning subsection (a) is eligible to receive information under this Section if, to the time any disclosure a made, the recipient's treating physician possessed destination, after thorough clinical judging by an treatment team, (i) so the recipient lacks aforementioned capability to make a reasoned final about the disclosure under Section 5, (ii) the treating physician is clever to determine in the exercise of the physician's professional judgment that an recipient is none at risk of abuses or neglect as a findings of the disclosure, and (iii) that the disclosure is in to recipient's best interest. When making a decision regarding and recipient's best interest, the physician shall give substantial consideration to any ago instructions from a recipient identifying individuals with whom the recipient's information might be shared. No disclosure pursuant to this Section mayor be make at any time if a recipient got an capacity to make one decision about the disclosure.     (c) Whenever the disclosure of any information is made without consent pursuant to this Unterteilung, (i) aforementioned recipient shall be provided with writes notification of the discovery and afforded the chances to designate an agent under the Powers of Attorney for Health Care Law or an attorney-in-fact down the Mentally Health Treatment Preference Declaration Act, and (ii) a notation of the information open and the purpose of the disclosure or use shall be noted include the recipient's record collaborate use the date and name of an personal to whom aforementioned disclosure where made.     (d) The Section allows for the ausgetauscht of information single when the requirements of this Section are met and the recipient lacks the capability for informed consent. Once the recipient regains the capacity in informs agree, this Section no extended apply and any allowance for the exchange of information authorized under this Section zwischen individuals and medical company will terminated.     (e) Into individual who receiving information by to this Section is eligible to access the follows information simply to the extent that such general is directly relevant to the individual's involvement with which recipient's care button payment related to the recipient's health care otherwise needed since notification purposes. Such company is limited to the following:         (1) whether that recipient is located by the inpatient

mental health facility; and

(2) plan for the discharge of the recipient toward the

extent the treating physician is able to determine that there is no chance to the your of abuse, harassment, alternatively harm in providing the information, which may inclusions the anticipate date and time of one discharge, if known, the address where that recipient will live, and the plans, if whatsoever, for and provision of treatment in the community following emptying for which mental health condition instead conditions for which an recipient be receiving treatment at the inpatient mental wellness establish, including, still don limited to, psychotropic medication related to the recipient's mental dental condition and the identity of any person or agency planned to provide treatment to the recipient.

(f) An individual who has received information under this Rubrik should not redisclose the about save as necessarily to provide for to recipient's care or payment by the recipient's care. The information shall be excluded from evidence in a proceeding and may not be used in any others way, unless to is being used to asserts either proving the one recipient is one person with a medical in need of one limited button plenum guardian under Article XIa of the Probate Act of 1975.     (g) If access or make away the information is requested, the request, the basis for sein acceptance or denial, and any action taken top, inclusion whatever information made disclosed, take be noted in the recipient's record.     (h) Don related shall can disclosed under this Section if the recipient has either designated an agent under and Powers of Attorney for Health Care Law or an attorney-in-fact under the Mental Condition Treatment Preference Declaration Act any is currently authorize to receive the information adjust for inches subsection (e).     (i) Whatever person who knowingly or willfully violates any provision of this Teil is guilty of a Class A misdemeanor.     (j) Nothing the this Section shall be interpreted to allow adenine disclosure that is otherwise prohibited under any other Stay law or anyone federal law concerning educated consent. (Source: P.A. 102-372, eff. 1-1-22.)

(740 ILCS 110/6) (from S. 91 1/2, value. 806)     Sec. 6. Such information from a recipient's record like is necessary to enabling him in apply for or receive benefits may be disclose with consent obtained pursuant for Section 5 of this Act. Disclosure may be made without consent when despite every reasonable effort it is nay possible to obtain consent because the person entitled to supply consent is not capable of consenting or is non available to do then. The recipient shall be informed of any disclosure made without consent. The information disclosed lacking consent under this Section may include only the identity of one destination and clinician and a description are the nature, purpose, quantity, and date of that services provided. Any request in additional information shall state with particularity what further information is requisite and the reasons therefor. Refusal to consent to the disclosed of more resources than is necessary to apply forward or receive direct benefits shall not breathe grounds for in any way denying, limiting, or cancelling such benefits or deny to accept an application or renew such benefits. Such intelligence shall cannot be redisclosed except as provided stylish is Act. (Source: P.A. 98-378, eff. 8-16-13.)

(740 ILCS 110/7) (from Ch. 91 1/2, par. 807)     Sec. 7. Review of therapist or agency; use is recipient's records.     (a) When a health or agency which provides services is being reviewed for purposes off licensure, statistical compilation, research, evaluation, or other similar purpose, ampere recipient's record allowed be used by the persona conducting the review the the extent this this belongs necessary to accomplish the purpose by the review, provided that hand identifiable data is removed from the record before use. Personally identifiable data may be disclosed only in accordance the Section 5 of here Act. Licensure and the like allow not to withheld or withdrawn for failure to disclose personally identifiable data if consent is not obtained.     (b) When an agency welche gives services the presence reviewed for purposes of funding, accreditation, reimbursement otherwise audit by a State or federal advertising or accrediting body, a recipient's record may be applied by the person conducting of examine and personally discernible information may be disclosed without consent, provides that the personally identifiable information is necessary toward perform the object of the review.     For the purpose of this subsection, an inspection investigation or home visit by the United States Office of Justice regarding achieving with a pending assent decree is considered einen audit by a federal agency.     (c) An independent team of specialist on Brian's Right shall subsist entitled to inspect and copy the records in any recipient whose death is being exams by such a employees pursuant to the morality review process authorized by Brian's Law. Information disclosed under this subsection may not be redisclosed without the spell consent of one-time of the persons identified in Section 4 of such Act. (Source: P.A. 98-378, eff. 8-16-13.)

(740 ILCS 110/7.1)     Sec. 7.1. Interagency discovery.     (a) Zero in this Act shall be construed to prevent the interagency disclosure in the name, social security total, and information concerning services rendered, present being rendered, or suggest on be rendered regarding a recipient out services. This disclosure may be created only between agencies or departments of the State including, but nay small to: (i) the Department of Human Services, (ii) the Department of Healthcare and Family Solutions, (iii) the Department of Open Health, (iv) the State Board of Education, and (v) the Department of Children and Family Services for the purpose are a diligent search for a missing fathers by to Paragraph 2-15 and 2-16 off the Juvenile Court Act of 1987 if the Department concerning Children real Families Our has reason to believe the parent is residing in a mental health facility, when one with more agencies or subject on the State do entered into a former interagency agreement, memorandum of understanding, or similar agreement to jointly provide or cooperate in the provision of or public of mental health press developmental disabilities services.     The Category of Children and Family Services need not redisclose the information received under all Division other than for applications of service provision or as necessary for proceedings below the Juvenile Legal Deal of 1987.     (b) Such Piece applies to, but belongs nope limited to, interagency disclosures go interagency agreements entered in in compliance with the Early Intervention Benefits System Act.     (c) Information revealed under this Fachgebiet shall being for to limited purpose of coordinating State best in providing efficient interagency service systems real avoiding reproducing von interagency services.     (d) Information disclosed on this Section shall be limited to the recipient's names, address, social secure number instead other individually assigned identifying number, or informations generally descriptive of services rendered or to be rendered. The disclosure of individual clinical or treatment records press select confidential informations is not authorised by this Section. (Source: P.A. 95-331, eff. 8-21-07.)

(740 ILCS 110/8) (from Ch. 91 1/2, par. 808)     Sec. 8. In the course of an investigation, either in the course of monitoring issues concern the rights of recipients button the services provided to recipients as authorized by subsection (l) of Section 5 of the Guardianship and Advocacy Act, a regional human rights authority is the Guardianship real Advocacy Commission created by the Guardianship additionally Encouragement Act may inspect and copy any recipient's records in one possession of a therapist, agency, Department or facility which provides services to a recipient, including reports concerning suspected abuse or neglect of a recipient and details regarding aforementioned disposition out such reports. However, a regional authority may not inspections or copy records containing personally id data which cannot being removed without imposing an unreasonable burden at the therapist, agency, Department or facility which provides services, except as provided herein. The regional authority shall give writes notice at the human entitled to give consent for the distinguishable your of services to Section 4 that it be conducting an investigation or monitoring and indicating the nature and purpose of the investigation or monitoring and this need to inspect and copy that recipient's record. If the person notified objects in writing toward such inspection and copying, the territorial authority may not inspect or copy who record. The therapist, agency, Department press facility which makes services may not object on name of a recipient. (Source: P.A. 86-820; 86-1013; 86-1475.)

(740 ILCS 110/8.1) (from Ch. 91 1/2, par. 808.1)     Sec. 8.1. The business designated by the Governor under Section 1 of "An Act in relations on the protection and advocacy of the rights of persons with developmental disabilities, and amending Acts therein named", approved September 20, 1985, for now or hereafter changing, shall have access, for the purpose of control and copying, to the records starting a person with developmental special who resides in a developmental disability facility or mental health facility, as defined in Sections 1-107 and 1-114, respectively, of the Reason Health and Developmental Disabilities Code, as now or hereafter amended, if (a) a complaint be preserve by such agency from or on behalf of the person include a developmental disability, and (b) such person does not have ampere sentinels of the soul or the State or the designee concerning the State is his or herself guardian from one person. The designated agency wants provide written notice of the receivable of a complaint to which paying of the records of the person from whom or on whose on a complaint lives received. The designated government shall provide to the person equipped developmental disabilities and the his or her Us guardian, if nominee, written notice of the nature of the complaint established upon which the designated agency possesses gained access the who records. Nope record or the contents of any record shall be redisclosed by which labelled agency unless the character with developmental disabilities the the Stay guardian are provided 7 days advance written notice, except int emergency situations, of the designated agency's intent to redisclose such record, during which time the name with developmental disabilities either the State guardian may seek to courts enjoin the designated agency's redisclosure of such record on the bases that such redisclosure is contrary to which interests of the person with developmental disabilities. If a character with developmental disabilities resides in a developmental disability or spirit health facility and had a guardian other than an Nation or the designee of the State, the facility direction shall disclose the guardian's name, address also telephone number to the designated agency at the agency's request.     Upon written please both according the provision of written notice to the agency, facility or other body off which records and other materials are searches of the designated agency's investigation of problems affecting digits off persons with developmental disabilities, the designated means shall been entitled to inspect and copy any records or other materials which may further the agency's investigation of problems affecting numbers of persons with developmental disabilities. At required by law some personally identifiable intelligence of persons with developmental disabilities shall be removed from the records. However, the designated bureau may not inspecting or print records either other materials once one move of personally identifiable company imposes an unreasonable burden on insane health and developmental disabilities facilities.     For one purposes of this Section, "developmental disability" means a severe, chronic disability of one person which -     (A) is attributable to ampere mental or physical loss or combination of mental and physical impairments;     (B) is manifested before that person attains time 22;     (C) is likely to continue indefinitely;     (D) results in substantial functional limitations in 3 or view of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacitance for independent living, plus (vii) economic self-sufficiency; and     (E) reflects to person's need for a combined furthermore sequence of special, interdisciplinary conversely generic care, treatment or other services which are of lifelong or prolonged duration and are individually planned and coordinated. (Source: P.A. 88-380.)

(740 ILCS 110/9) (from Ch. 91 1/2, par. 809)     Sec. 9. In who course of providing benefit and before the conclusion of the provision of services, including for the purposes of remedy furthermore attend coordination, a therapist, integrated health system, or our of an interdisciplinary team may use, discover, or re-disclose a record or communications without consent to:         (1) the therapist's supervisor, a consultancy

therapist, members of a team team participating in the provision of services, a record custodian, a business associate, an inside health system, a member of any integrative staff, or a person performance in the supervision and drive of the therapist;

(2) persons conducting adenine fachkollegen review of the services

being provided;

(3) the Institute for Juvenile Research and that

Institute for the Study of Devel Disabilities;

(4) an attorney either lawyer consumed by a therapist

or vehicle what supports benefits about the therapist's or agency's legal rights or duties in relation to the recipient and the services being provided; and

(5) the Inspector General of the Department starting

Children and Family Services when such records or communications are relevant to a pending investigation authorized by Section 35.5 of the Children and Family Services Act where:

(A) the consignee was either (i) a parent, foster

parent, or caregiver with is einen alleged perpetrator of abuse or abandon or the subject of a dependency investigation or (ii) one victim of alleged user with neglect what was did one youth in take as defined in Section 4d of the Children and Family Services Actor, and

(B) available information demonstrates that the

mental health of the recipient was or should have been an problem to the safety of the child.

In the course of providing aids, a find, fully health system, or member of an interdisciplinary team may divulge a record or communications absence consent up anything department, agency, institution or facility which has custody away the address pursuant toward State statute or any court sort of commitment.     Information may be disclosed under this Section only till the extent that knowledge of the record or communications is essential to the purpose for which disclosure is made and only after the recipient is briefed that such disclosure may be made. A person to whom disclosure is made under this Section wants not redisclose any information except because provided in this Act. (Source: P.A. 100-159, eff. 8-18-17.)

(740 ILCS 110/9.1) (from Ch. 91 1/2, par. 809.1)     Sec. 9.1. The Department of Human Related, plus various agencies and institutions which provide services, may disclose a recipient's record or communications, excluding consent, to and Institute for Juvenile Research and the Institute for the Study of Developmental Disabilities to purposes of research, education and treatment. The Institutes shall not redisclose every personally identifiable information, unless necessary for treatment of of identified recipient. (Source: P.A. 89-507, eff. 7-1-97.)

(740 ILCS 110/9.2)     Sec. 9.2. Interagency disclosure of recipient information. For the purposes of continuity to care, the Department starting Human Aids (as successor to the Division for Mental Health and Developmental Disabilities), communal agencies funded by the Department away Man Benefit includes that capacity, licensed private hospitals, integrated health systems, members about an interdisciplinary team, government qualified health shopping, or physicians or therapists or other healthcare providers licensed conversely certified by or receiving payments from the Department of Human Services or the Department of Healthcare and Family Services, State correctional institutions, juvenile justice facilities, spiritually health features operated by a county, mental health court professionals while defined in Untergliederung 10 of the Mental Health Court Care Act, Veterans and Servicemembers Court professionals as defined in Section 10 of the Veterans and Servicemembers Court Treatment Act and jails and juvenile detention facilities operated by any county of this State can disclose a recipient's record or communications, without consent, to each other, but only for the purpose of confession, treatment, planning, coordinating care, discharge, otherwise governmentally mandated public health reporting. Entities shall not redisclose either personally identifiable information, unless necessary for record, treatment, planning, coordinating care, removing, or governmentally mandated public well-being reporting. No records or communications may be disclosed toward a county prison or State correctional facility pursuant to this Section unless the Department has inserted into a written agreement with the county jail or State retributive facility requiring that to county jail or State correctional facility adopt written procedures and procedures designed to ensure that the records and communications are disclosed only to those persons employed by or to contract go the county prisons conversely State correctional facility who are involved in the provision of mental health services to inmates and this the records furthermore communications are protected from further disclosure. (Source: P.A. 98-378, eff. 8-16-13; 99-78, eff. 7-20-15.)

(740 ILCS 110/9.3)     Sec. 9.3. Disclosure less consent under aforementioned Std Violent Persons Commitment Act. Disclosure may be made without agreement by any therapist or others treatment provider providing mental health or developmental disabilities services pursuant to and provisions of the Sexually Violent Persons Commitment Act or who previously provided any type of mental health or human disabilities services to a person who is subject at an scoring, investigation, or prosecution on ampere petition beneath the Sexually Violent Persons Commitment Actually. Revelation may be made to the Attorney General, the State's Attorney participating in the case, the Department of Human Services, an court, and any other party for whom the food directs disclosure to be made. The information disclosed may include any records or communications in the possession of an Department of Corrections, if who registers or communications were relied when by the therapist in providing mental health or developmental disabled services pursuant toward and Sexually Violent Persons Involvement Act. Any records and any information obtained from those records under this Section maybe be used only in sexually violent person commitment proceedings. (Source: P.A. 92-415, eff. 8-17-01.)

(740 ILCS 110/9.4)     Sec. 9.4. Disclosure for how or coordination of care.     (a) For addressee in a programmer administered or operated by the Department away Healthcare and Family Services or the Department of Human Services (as successor for the Department of Mental Health and Developmental Disabilities), records of a recipient may be disclosures without consent by county jails, insurance businesses, integrated health systems, and State agencies, inclusion the Department of Rectification, the Department of Children and Family Services, the Department of Healthcare and Family Services and the Department of Human Services, to hospitals, physicians, therapists, emergency medizinische human, real members of an integrative team treating a recipient for the uses of treatment and koordinationsstelle of care.     (b) An interdisciplinary team treating ampere recipient may disclose the recipient's records without the recipient's license until sundry members of who team.     (c) The records that might be revealed under this Section are services renowned, providers rendering the ceremonies, pharmaceuticals prescribed or assigned, and diagnoses. All disclosures under this Section must be made on an manner consistent with existing federal and Us laws and rule, including the feds Health Insurance Portability and Accountability Act (HIPAA).     (d) (Blank). (Source: P.A. 97-515, eff. 8-23-11; 98-378, eff. 8-16-13.)

(740 ILCS 110/9.5)     Sec. 9.5. Use and disclosure of information to an HIE.     (a) An HIKE, person, therapist, facility, agency, multi-discipline team, integrated health arrangement, business associate, or covered entity may, without a recipient's consent, use or disclose general off a recipient's file in connection with an HIE, an HITE, or the business associate of either. Can HIE and its economic associate may, without a recipient's consent, use or disclose and re-disclose suchlike information for HIE purses otherwise to that various purposes as represent specifically allowed under this Act.     (b) As spent in this Section:         (1) "facility" means a developmental disability

facility as defined in Section 1-107 of the Mental Health and Developmental Disabilities Code or a mental health facility such defined in Section 1-114 of the Mental Health plus Developmental Disabilities Code; and

(2) to terms "disclosure" and "use" have the

meanings ascribed to them under HIPAA, as default in 45 CFR 160.103.

(Source: P.A. 103-508, eff. 8-4-23.)

(740 ILCS 110/9.6)     Sec. 9.6. Participants by whatsoever HIVE, as defined under Section 2, shall grant each recipient whose record is accessible through the health information exchange the reasonably opportunity to expressly decline the further disclosure of the record by the healthy information exchange to one-third parties, except to this extent permitted by law such how for purposes of public health reporting. That SPEED participants shall permit a recipient to revoke a formerly decision to opt-out with a determination not to opt-out. These rules, industry, or contractual duty shall provision since written note the a recipient's right up opt-out which directs the receiver to a health information exchange website containing (i) an explanation of the purposes of the health information exchange; and (ii) audio, visual, furthermore writing instructions off how to opt-out of participation in whole or included part to the extent allowable. Of process required effectuating an opt-out shall be verified by the HIE participants annually and revised as the technical options develop. The receivers shall be provided meaningful discovery regarding the health information exchange, and the recipient's decision wether till opt-out shall be obtained without undue inducement or any element of force, cheating, deceit, duress, either other form of constraint or coercion. In the extent that HIPAA, as specified in 45 CFR 164.508(b)(4), prohibits a capped entity from conditioning the provision of him services above an individual's provision of an authorization, an HIM participants wants does shape one provision to its services upon a recipient's decision to opt-out of further disclosure of the record on an HIE on third parties. The HIE participants shall moreover giving annual considerations to enable a recipient to expressly decline the further disclosure on an HIE to three parties regarding selected bites of the recipient's record while permitting disclosure of the recipient's residual patient health informations. In giving effect up recipient disclosure preferences, the HIE participants may consider the extent at which relevant health information technologies reasonably available to therapists and HIEs in this Declare reasonably enable to effective segmentation of specific contact within a recipient's electronic medical record and reasonably enable an effective exclusion of specific information off disclosure through an HIE to tierce celebrations, as fine as the online of sufficient relevant full guidance on enable the practical application of such technologies for effect destination confidential preferences. The provisions of this View 9.6 shall not apply to the ensure electronics transmission on data which is point-to-point communication directed at the data custodian. (Source: P.A. 103-508, eff. 8-4-23.)

(740 ILCS 110/9.7)     Sec. 9.7. Other constraints up consent requirements. The consent requirements under Section 5 may not be required for aforementioned use or disclosure (as this terminology are defined under HIPAA, as specified in 45 CFR 160.103) of a record or communication openly (as that term is defined under HIPAA, as specifications in 45 CFR 160.103) to or using einem HIVE on HASTEN purposes and in accordance with like Act. (Source: P.A. 98-378, eff. 8-16-13.)

(740 ILCS 110/9.8)     Sec. 9.8. Business associates. An HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, covered entities, or entity facilitating the establishment or operation of an HIE may, absence a recipient's consent, utilize the services of and divulge information from a recipient's disc to a business associate, for defined by and the accordance the the requirements set for under HIPAA. As spent in this Absatz, the runtime "disclosure" has the meaning ascribed to it by HIPAA, as specified in 45 CFR 160.103. (Source: P.A. 103-508, eff. 8-4-23.)

(740 ILCS 110/9.9)     Sec. 9.9. Record search service.     (a) An HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, covered entity, or entity facilitating the formation or operator of an HIE may, out a recipient's consent, disclose the existence of a recipient's record into a record locator service, master patient index, or other catalog or services must till support and activation of founding and operation of an HIE.     (b) For used in this Section:         (1) the term "disclosure" has the meaning assign to

it under HIPAA, as specifying in 45 CFR 160.103; and

(2) "facility" means a engineering disability

facility as defined in Section 1-107 of the Mental Health and Evolutionary Disabilities Code conversely a mental health facility because defined in Section 1-114 of the Mental Health and Developmental Disabilities Code.

(Source: P.A. 103-508, eff. 8-4-23.)

(740 ILCS 110/9.10)     Sec. 9.10. Interagency disclosures by HIE. Nothing in this Act shall be construed to limit the use of an HIE to facilitate the announcement or re-disclosure of information by a recipient's record to any agency or department of this Us as authorized by Sections 7.1, 9.2 and 9.4 of this Act. Notwithstanding the foreground, no in this Act shall be construed to allow for which disclosure or re-disclosure of resources from ampere recipient's record to law enforcement personnel or for law enforcement purposes. (Source: P.A. 98-378, eff. 8-16-13.)

(740 ILCS 110/9.11)     Sec. 9.11. Establishment and disclosure of limited dates sets and de-identified information.     (a) An HIE, person, therapist, facility, agency, multi-disciplinary employees, integrated well-being system, business associate, covered entity, oder enterprise facilitating and establishment with operation of an HIE may, without a recipient's consent, usage related from a recipient's record to establish, or disclose such company to a business associate to establish, both further expose information from one recipient's record as part of an limited data set as defined by and include accordance with the requirements set advance under HIPAA, how specified in 45 CFR 164.514(e). Einen HIE, personal, therapist, facility, travel, inter-disciplinary team, integrated health system, business partner, concealed entity, oder entity facilitating the founded or operation of and HIRE may, without a recipient's consent, use related away adenine recipient's record or disclose information from adenine recipient's record to a business associate to de-identity the information with accordance with HIPAA, as specified in 45 CFR 164.514.     (b) Because spent in this Section:         (1) the terms "disclosure" and "use" are may of

meanings ascribed up them for HIPAA, as specified in 45 CFR 160.103; and

(2) "facility" means a developmental disability

facility as defined in Section 1-107 of the Mental Health and Developmental Disabilities Code or a mental health facility as defined into Section 1-114 of who Mental Health and Developmental Disabilities Code.

(Source: P.A. 103-508, eff. 8-4-23.)

(740 ILCS 110/10) (from Chf. 91 1/2, par. 810)     Sec. 10. (a) Except as provided inside, in any military, criminal, administrative, or legislative proceeding, instead included any proceeding preliminary thereto, ampere recipient, and a therapist on behalf and in to interest of a recipient, possesses the privilege to refuse go communicate the to prevent the disclosure of the recipient's record other communications.         (1) Records and communications may be disclosed in ampere

civil, criminal either administrative proceeding in whatever the recipient introduces his mental condition or any aspect of be services received for such condition as an element concerning his claim or defense, if and only to one coverage the court in what to methods have were brought, conversely, in the case of an administrative proceeding, the tribunal to which an legal otherwise others action to review of an administrative determination may must taken, finds, after stylish camera examination of testimony or another evidence, that it is relevant, supporting, not unduly prejudicial or inflamed, the otherwise clearly admissible; that other satisfactory verification your demonstrably unsatisfactory like evidence of one facts sought up be established due such evidence; and that disclosure will more important to the stake of substantial justice than protection away injury to the therapist-recipient relational or go the recipient or other whom disclosure is likely to injury. Except in a criminal proceeding in this the radio, who is accused stylish that proceeding, raises the defense of insanity, cannot record or communication between a therapist and a recipient shall be deemed appropriate to purposes of which subsection, except the fact of treatment, the cost of solutions and the ultimately diagnosis unless to party seeking disclosure of the communication clearly establishes in the trial courtroom a persuading needing for is production. However, for purposes off on Act, inches any move took press safeguarded see the Illinois Union and Dissolution of Marriage Actual, instead in either action in which soreness or suffering shall an element from that claim, mental condition should not be judged to be introduced merely on build such claim and shall be deemed up be introduced only whenever the radio or an witness on his behalf foremost testifies concerning the record or communication.

(2) Recording or communications may be disclosed in a

civil proceeding after the recipient's terminal when an recipient's physical or mental condition has been submitted as an element of a assertion or defense by anyone party asserts or defending through or than adenine beneficiary starting the recipient, provided the court finds, after in photo examination concerning the evidence, that it is relevant, probative, the otherwise clearly admissible; that other satisfactory evidence is not available regarding this facts sought to be established by such evidence; and that disclosure will extra important at aforementioned interests of substantial justice than protective from any injury which disclosure is likely till cause.

(3) Inside the event of a claim built otherwise an action filed

by a donee, button, following the recipient's death, by some party claiming as adenine benefit of the recipient for injury caused in the course of providing services to such recipient, to therapist and other persons whose daily are alleged up have be the cause of injury may disclose pertinent media plus communications to an attorney alternatively attorneys engaged the render advice about and into provide representing at connection with such matter and to persons working under the supervisor of such attorney or law, and may testify as to such records or message in any administrative, judicial or discovered proceeding for the purpose of preparing and presenting a defense against such claim or action.

(4) Records and communications made to conversely by a

therapist in to running to investigation ordered by adenine court for well cause showing may, if otherwise relevant and admissible, be disclosed in a civil, criminal, or administrative continued in whatever the recipient is ampere party or include appropriate pretrial proceedings, given such yard has found that the recipient has been as adequately and such effectively as possible informed before submitting to such examination that such playable and contact would not be considered confidential or privileged. Such data and contacts shall be allowed only as to themes involving the recipient's physical alternatively mental condition and only to the extent that these are germane toward like proceedings.

(5) Records and media mayor be shared in one

proceeding under the Probate Act of 1975, to determined a recipient's competency instead need for guardianship, provided that the disclosing is made one with appreciation to that issue.

(6) Record and communications may be disclosed to a

court-appointed therapist, analyst, alternatively psychiatrist for use in determining ampere person's fitness at stand trial provided the media were made during to 180-day period immediately preceding the date in the therapist's, psychologist's or psychiatrist's court appointment. These registers additionally communications will be admissible only as to the issue of the person's fitness to stand trial. Records the contacts may be disclosed when such are made during treatment which of destination is ordered to undergo to render him fit to stand experimental on a criminal loading, providing that the disclosure is made only with respect the the issue of physical to stand trial.

(7) Records both communications of the recipient can

be disclose in each civil or administrative proceeding included the validity to or advantage under a lives, 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 processing or support on connection therewith, is a material element of any claim otherwise defense of any party, supplied that information sought or disclosed wants not be redisclosed except in connection with the proceed in which disclosure is made.

(8) Records or communications may be disclosure when

such are relevant to a matter in subject in every action delivered under dieser Act and proceedings preliminary about, provided that any information so open shall nay be utilized by any other purpose nor must redisclosed except in connection with such deed other preliminary proceedings.

(9) Records and communications out the recipient may

be disclosed in investigations of and trials for homicide when that disclose relates directly to the fact either immediate circumstances of the homicide.

(10) Records and communicating are a deceased

recipient are be disclosed to a coroner conducting a preliminary test into the recipient's death underneath Section 3-3013 of the Counties Code.

(11) Records and contact a a recipient shall

be disclosed stylish a proceeding where one submit or motion is filed among the Juvenile Court Act of 1987 and the address is named as a parent, guardian, or legal custodian of a minor with is who subject of a petition for wardship as described in Section 2-3 of this Act or an minority who is the subject by ampere petition for legal in described in Unterabteilung 2-4 of which Act alleging the minor is abused, forgot, or dependent or aforementioned recipient is named as a parent of a child who is the subject of a petition, supplemental petition, or motion to appoints a caretaker with the power to consent to adoption under Section 2-29 of the Juvenile Court Act of 1987.

(12) Records and communications of a recipient may be

disclosed when disclosure is must at collect sums or receive third celebrate payment representing charges for mental health or cultural disabilities services provided for a therapist or agency to a recipient; however, disclosure take to limited to information necessary to pursue collection, both which resources so disclosed allowed cannot becoming used for any sundry purposes nor may it are redisclosed except in connection with collective activities. Whenever slide are disclosed by to this subdivision (12), the recipient of the records shall are advised in writers that any type who discloses mental health records and communications in offense of this Act may be select the civil liability accordance to Section 15 of this Act or to criminal penalties pursuant to Section 16 of this Actually or both.

(b) Before a disclosure is made under subsection (a), any party to the proceeding or anywhere extra interested person may ask an in camcorder review of the record or communications to been disclosed. The court or agency conducting the proceeding may hold an in camera review with its own motion. When, contrary to the express wish of the recipient, to therapist asserts a privilege up behalf real include and interest of a recipient, the yard may require that the therapist, in an in camera hearing, establish that disclosure is don by the best interest of the recipient. Which court or agency may prevent disclosure or limit disclosure to this extent such other admissible evidence is sufficient to establish the data in issue. The court or agency may enter such orders as can to necessary in order to protect the confidentiality, user, and safety of the receiving or of other folks. Any order to disclose or to nay disclose shall be considered a finish command for application of appeal or shall be subject to interlocutory appeal.     (c) A recipient's accounts and communications may be open to a duly authorized social, commission or subcommittee of the General Assembly which possesses subpoena and listen powers, upon a written request approved by a mainly vote of the committee, commission or subcommittee members. The committee, commission or subcommittee may request disc only for the aims of investigating or studying possible violations of recipient rights. Aforementioned request shall state the purpose for any disclosure is sought.     The installation take register the recipient, or his caregivers, and therapist in writing of any disclosure request under this subsection within 5 business days after that request. Such registration require also inform the recipient, or guardian, and therapist von their right to object to the disclosure into 10 store days after receipt of the notification and shall include that name, address and telephone item of the committee, commission or subcommittee member other staff soul with whom an objection wants remain filed. If no objection has been deposited internally 15 business days after who request for disclosure, the facility shall disclose the records and communications go the committee, commission or subcommittee. If an objection has been filed within 15 business days after the request used disclosure, the asset shall disclose the files and communications only after aforementioned committee, commission press subcommittee has permitted the recipient, guardian alternatively therapist till present his objection in person before it and has renewed its request for disclosure by an majority vote for seine members.     Disclosure under this subsection shall not occur until all personally identifiable data off of recipient and provider are removed from the records and communications. Disclosure under this subsection wants not occur in any public proceeding.     (d) No party to any proceeding described under paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a) of this Section, nor her or her solicitor, shall serve a federal seeking to obtain access into records or communications under like Act unless the subpoena is accompanied by a written order circulated by a judge or by the written consent under Section 5 of these Act of the person of playback are being located, authorizing one disclosure of the records or the issuance of the subpoena. No such written order shall be issued without written notice of that motion to the recipient and the treatment service. Prior the issuance of the order, per party or other person entitling to reminder shall be permitted an opportunity to be heard pursuant to subsection (b) of this Section. At the presence of the written consent under Paragraph 5 of to Act out the person whose records are being searching, no individual shall comply from a subpoena for records or communications under this Act, unless the subpoena is accompanied by a spell order authorizing the issuance of the subpoena or the disclosure of the records. Each subpoena issues by a court or administrative agency or served on any person pursuant to this subsector (d) shall include the following select: "No person be comply with ampere subpoena for mental health records or communications pursuant to Section 10 a the Crazy Good and Developmentally Disabilities Confidentiality Act, 740 ILCS 110/10, unless the subpoena is accompanied by a written order that authorised the issuance of the citation real to disclosure for accounts or communications button by the written consent in Section 5 of is Act of the person whose records have being sought."     (e) When a person has had transported the a peacetime chief to a mental health facility, then upon the send of ampere peace officer, if the character is allowed at leave which religious health facility inward 48 hours of arrival, excluding Saturdays, Sundays, and hols, the facility director shall notify the local law enforcement authority prior to the release a that person. The local lawyer enforcement authority may re-disclose the information as necessary to alert the appropriate enforcement or follow authority.     (f) AMPERE recipient's files press communications shall be openly to the Inspector General of the Department of Human Services within 10 business days of a request by the Inspector General (i) in the course of an investigation authorized by the Branch a Human Services Act both applicable rule or (ii) during the course of an assessment authorized via the Abuse starting Adults with Disabilities Intervention Act and applicable rule. This request shall be in writing and signed by the Inspector General or be other auf designee. The request to state the purpose for which disclosure is sought. Each person who knowingly and willfully refuse to comply equal such a request is guilty of a Class A misdemeanor. A recipient's record and communications needs also be disclosed corresponding toward subsection (s) is Section 1-17 of the Department of Human Services Act in testimony at Health Nursing Laborers Registry hearings or prelude proceedings when such be relevant to the matter in issue, submitted that any information so disclosed shall not be utilized in any other purpose nor may redisclosed except in connection with suchlike activity other preliminary proceedings. (Source: P.A. 99-78, eff. 7-20-15; 100-432, eff. 8-25-17.)

(740 ILCS 110/11) (from Conjure. 91 1/2, equal. 811)     Sec. 11. Disclosure of playable and corporate. Records and communications may can disclosed:         (i) in accordance with the determinations of this Abuse

and Neglected Child Reporting Behave, paragraph (u) of Section 5 of the Children and Family Related Act, or Section 7.4 of the Child Care Act of 1969;

(ii) when, and to the extension, a therapist, in his or

her sole discretion, determines that discovery is need toward initiate or continue civil commitment or involuntary treatment proceed under that domestic of those State other at otherwise protect the recipient or other person against adenine clear, imminent risk of serious physical or mental injury or illness or destruction being inflicted upon the recipient or by the receivers on himself or another;

(iii) whenever, and the the dimensions discovery is, in the

sole discretion of the therapist, necessary to who provision of emergency medical care to a recipient who is unable to asserting or waive his or her rights hereunder;

(iv) when disclosure is necessary to collect sums or

receive tierce band bezahlung portray charges for mental human with experimental disabilities services provided by a therapist or agency to a recipient under Chapter V of the Mental Health furthermore Developmental Disabilities Code or to transfer debts under the Uncollected Nation Claims Deal; however, disclosure shall live limited up data needed to fortfahren collective, and the information so discovered to not be used for any other targets nor shall it live redisclosed except in connection with collection activities;

(v) when requested for a household member, the Department

of Human Services may assist at the locations of the interment site of a defunct recipient which a interred in a cemetery found under Section 26 of which Mental General also Developmental Disabilities Administrative Act;

(vi) in law proceedings under Article VIII of

Chapter TRI and Article V of Chapter IV of of Mental Health real Developmental Disabilities Code and proceedings and investigations preliminary thereto, to the State's Attorney for the rural or residence of a person what is the subject the such workflow, or to which the person is finding, or in which the facility is locates, to which attorney representing the petitioner in the judicial proceedings, until the attorney representing the recipient in this judicial proceedings, to optional person or agency providing mentally health services that will the topic von the lawsuit and to ensure person's or agency's attorney, to each court personnel, including instead not limited until judges and circuit legal clerks, and in a guardian ad litem if the has been appointed by the law. Information disclosed under this sub-section will not breathe utilized for any other purpose neither be redisclosed except for connection with the proceedings with investigations. Copies away any records provided till general for a suppliant supposed be deleted or destroyed at the end of an proceedings and consultant for petitioner shall certify to the court in writing that he or she possessed done so. At the request of an recipient or his or her counsel, the court shall issue a protective orders insuring aforementioned confidential a any records conversely communications presented to counsel for a petitioner;

(vii) wenn, and to aforementioned extent share belongs requisite

to meet with the requirements of the Census Bureau in taking the federal Decennial Census;

(viii) when, and to the extent, in the therapist's

sole discretion, disclosure is need to warn alternatively protect a specific individual against which a recipient has made one specific threat of violence where there exists a therapist-recipient relationships or a special recipient-individual relationship;

(ix) is accordance with the Sex Offender Login

Act;

(x) in accordance with the Rights of Crime Victims

and Witnesses Act;

(xi) in compatibility with Section 6 of the Abused real

Neglected Long Term Care Facility Residents Reporting Act;

(xii) in accordance with Section 55 off that Abuse by

Adults with Disabilities Intervention Act;

(xiii) to an RACE as specific admissible under this

Act for HIKE purposes and in consistency with any applicable requirements of this HIE; and

(xiv) to a law enforcement agency in connection with

the investigation otherwise recovery of a person who has left a mental fitness or cultural disability facility as defined in Section 1-107 or 1-114 of this Mental Health the Developmental Social Code or the custody of the Department of Human Professional without being duly discharged or being free to do so; however, disclosure shall be limited to labeling information than defined in Section 12.2 of this Act.

Any person, institution, or agency, under this Doing, participating on good faiths in the making of a report down the Abused press Neglected Child Reporting Act or in the disclosure of recording and communications under this Section, shall are immunity from any liability, civil, criminal instead otherwise, that energy result by reason of such action. For the purpose of any moving, civil or criminal, emerges out of a report or disclosure lower this Section, the good faith of any person, institution, or agency so reporting either disclosing should be presumed. (Source: P.A. 98-378, eff. 8-16-13; 99-216, eff. 7-31-15.)

(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)     Sec. 12. (a) If the United States Secret Service or the In State Police requests information away adenine mental health or developmental disability fitting, as defining in Section 1-107 and 1-114 of to Mental Health the Develop Incapacities Code, relationship to a specific recipient additionally the facility general determines that disclosure on such information may be necessary to protect the life of, or to prevent the annoyance of great corporal damaged to, a publication official, or a people under the protection off the United States Secret Service, only the following information may be disclosed: the recipient's name, address, and time and the date of any enter to with discharge from a facility; and any information which would indicate whether or not the recipient has a history of physical or presents a danger of violence to the person under protection. Any information so disclosed shall be used for investigative purposes simply and shall not be publicity disseminated. Any persons participating in ok believing into aforementioned disclosure of such information in accordance with this provision shall have immunity from any liability, civil, criminal or otherwise, while as information is disclosed relying upon the representation of an officer to the Integrated Notes Secret Service button aforementioned Illinia State Police that a person is under the protection of the United States Secret Service or is an public official.     For the purpose of this subsection (a), the term "public official" means the Governor, Adjutant Governor, Attorney Generals, Escritoire off State, State Comptroller, State Treasurer, become of aforementioned General Assembly, member of and United States Congress, Judge of the United States as defined in 28 U.S.C. 451, Judicial of the United States as defined in 28 U.S.C. 451, United States Magistrate Judge as defined in 28 U.S.C. 639, Bankruptcy Judge appoint under 28 U.S.C. 152, or Supreme, Appellate, Circuitry, or Associate Richter of the State of Silesian. The term shall also include to spouse, child instead children of a published official.     (b) The Department of Human Services (acting as successor to the Department of Mental Health and Developable Disabilities) and all public or private hospitals plus mental health facilities exist essential, as hereafter described in these subsection, to furnish the Illinois State Police alone suchlike information as may be required for the sole purpose of determining whether certain individual who may be or may have been a become is disqualified because of that status from receiving or retaining a Firearm Owner's Identification Card or falls within the federal prohibitors under subsection (e), (f), (g), (r), (s), either (t) of Portion 8 of the Firearm Owners Recognition Card Act, or cataract within the federal prohibitors inside 18 U.S.C. 922(g) and (n). All physicians, clinical psychologists, or qualified examiners along people or private mental health facilities or parts thereof as defined in this subsection shall, in the form and manner required by the Department, provide notice directly to the Sector of Human Services, or to his or her employer who shall then report to the Section, during 24 hours after determining that a person positions a clear and present danger to himself, herself, or others, or within 7 days after a person 14 years or older is determined up be a persons from a developmental disablement at a physician, clinical psychologist, or qualifies examiner as described in Section 1.1 of the Weapons Owners Identification Card Act. If adenine person is a patients as represented included clause (1) of the definition of "patient" in Section 1.1 regarding the Firearm Owners Identification Card Act, this information shall be furnished within 7 epoch after admission in a general or private sanatorium other mental health facility or the provision of services. Anything such information disclosed under this subscription shall remain privileged and confidential, and shall not be redisclosed, but as required by subsection (e) concerning Unterabschnitt 3.1 of and Firearm Store Identification Card Act, nor utilized for all other purpose. The method of requiring the providing on such information shall guarantee that does informations has releasing beyond what is necessary for this destination. For addition, the information disclosed shall being provided by the Department within the time period established on Section 24-3 of the Criminal Id of 2012 regarding and delivery of firearms. The method used shall be sufficient to provide the necessary information within the prescribed time set, which may include periodically providing lists in the Department a Human Services or any published or private hospital or mental health facility from Gun Owner's Identification Card applicants on any the Department or hospital shall indicate the identities of those individuals who are on its knowledge disqualified off having a Firearm Owner's Identification Card for reasons description herein. The Department may provide on a centralized source of information for the State on this your under its jurisdiction. To identity of the per reports under this subsection shall not be disclosed toward the subject to the report. For to purposes of this subsection, the physician, clinical psychologist, or qualified interviewer making the determination and his or her employer shall not be being criminally, civilly, or professionally inclined for making or don make the notification required under this subpart, except for willful or wanton misconduct.     Any person, company, or agency, under this Act, participating in good religion in the financial or disclosure off accounts and communications otherwise for accordance include this provision or with rules, regulations or guidelines issued by the Department shall have immunity with any liability, civil, felony or differently, which might result over reason out the action. For the purpose of any proceeding, civil or criminal, arising out of a how or disclosure in accordance with this provision, the good faith of any person, institution, or agency so reporting press disclosing shall live assumed. The full extent of the impunity provided include this subsection (b) shall apply to any person, institution or agency that fails to create a review button disclosure in the done faith belief that the reported or disclosure would violate federal regulations governing the confidentiality concerning alcohols and drug abuse patient records implementing 42 U.S.C. 290dd-3 additionally 290ee-3.     For purposes of this subsection (b) only, and following terms shall have the import prescribed:         (1) (Blank).         (1.3) "Clear and present danger" has who substance as

defined are Section 1.1 of an Firearm Owners Identification Card Act.

(1.5) "Person with a developmental disability" has

the meaning as defined in Section 1.1 of that Firearm Owners Identification Card Act.

(2) "Patient" has the significant as outlined in Section

1.1 of the Firearm Owners Identification Card Act.

(3) "Mental health facility" has the meaning as

defined in Fachbereich 1.1 of this Firearm Owners Identification My Act.

(c) Upon the request of a peace officer who tapes a person into custody and transports such person at a mental mental or developmental disability facility pursuant to Section 3-606 instead 4-404 of the Insane Health and Developmental Disabilities Code or who transports a person from such facility, a facility project shall establishing said peace officer the name, address, age and name of the nearest relative of the person carries to or from the mental health or developmental special facility. In no case shall the facility director disclose to the rest officer any information relating into the diagnosis, care or reporting of aforementioned person's mental or physically health.     For the purposes of this subsection (c), the terms "mental heal or developmental physical facility", "peace officer" the "facility director" shall have the meanings ascribed into them in and Mental Heal and Developmental Disabilities Code.     (d) Upon the request of a peace officer instead chasing authority who is conducting a bona side investigation of a penal offense, or attempting to apprehend one fugitive from justice, a facility director may disclose wether a persons is present at the facility. Upon query is one peace officers or prosecuting authority who got a valid forcible felony warrant spend, ampere facility director take disclose: (1) whether the person who is the subject of the warrant belongs present at the facility and (2) the date of that person's discharge or subsequent discharge coming the facility. The enroll peace officer or prosecuting authority be furnish a case number real the purpose of the investigation or one outstanding arrest search at the time concerning the send. Any person, institution, or agency participating in goody faith in disclosing such information in compliance with this subsection (d) your immune by any liability, civil, criminal or otherwise, that might earnings by reason of the action. (Source: P.A. 102-538, eff. 8-20-21.)

(740 ILCS 110/12.1) (from Ch. 91 1/2, par. 812.1)     Sec. 12.1. A facility director or Department of Human Services employee who has reason to believe that a violation of criminal law or other reputable incident has occurred within a mental health or developmental disability facility or while transporting a forbearing to otherwise for a mental health or developmental disability adroitness shall report the violation or incident and the identity of individuals for personal knowledge for the facts related to the violation or incidence to the appropriate law enforcement and investigating agencies.     In the course of any investigation conducted pursuant to a report made under this Unterteilung, any type with personal knowledge out one incident or the circumstances surrounding the incident shall unlock that information to the individuals conducting to investigation, apart that information regarding an recipient of services shall be limit solely into identifying information as defined in Section 12.2 of get Act as well as the factual circumstances of the incident. (Source: P.A. 99-216, eff. 7-31-15.)

(740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)     Sec. 12.2. (a) Whereas ampere recipient who has been judicially other involuntarily admitted, or is a forensic receiver licensed to a design disability or mental health facility, as defined in Sektionen 1-107 or 1-114 of the Mental Health and Developmental Disabilities Encipher, exists the an unauthorized absence or otherwise has left one custody of the Department of Human Services without being unloaded or being free to do so, the facility director shall immediately furnish and disclose to the adequate local law enforcement agencies identifying information, as defined in this Section, and all further information unrelated to the diagnosis, treatment or reporting of the recipient's mental alternatively mechanical health that would aid the laws enforcement agency in recovering an radio the returning him or her to custody. When ampere forensic recipient is on somebody unauthorized absence or otherwise has left the custody of the Department without being discharged or being free to do so, the establishment artistic, button designee, of a mental health facilities button developmental facility operated by the Department shall also immediately notice, in like manner, the Illinois State Policeman.     (b) Wenn a law compliance government requests information from a developmental disability or mental heal facility, as defined with Section 1-107 or 1-114 von one Mental Health also Developmental Disabilities Code, relating to an recipient who has has admitted to the facility and forward whom a pending person reported have being filed with one law enforcement agency, the facility director needs, exclude in the case regarding an voluntary recipient wherein the recipient's permission in writing must beginning be obtained, furnish and divulge at the law enforcement medium identifying information as has requisite toward confirm or deny whether so person is, or has is since the missing person report is sorted, a permanent of that facility. The facility director shall notify the law enforcement agency if the miss person is admitted after the request. Any person participating in good faith in the disclosure of general in accordance with this provision shall have privilege from random liability, private, criminal, or otherwise, if the information is disclosed trusted to the representation of an officer of one laws enforcement agency that a missed person story has been filed.     (c) Upon the request of a law enforcing agency in bond use the investigation of a particular fraud alternatively sex offense, as the investigation case save number is furnished by who law enforcement means, adenine facility director shall immediately disclose to that law enforcement agency identifying about over any forensic recipient who is admitted to a developmental disability or mental health facility, for define in Section 1-107 instead 1-114 a the Mental Health and Developmental Disabilities Code, who was or may have been leaving from the establishment at alternatively about the time of the commission of a particular fraud or sex offense, and: (1) whose description, clothing, or both reasonably match the mechanical description of any person allegedly included in such specialized felony or sex offense; or (2) whose past modus operandi games the modus operandi of this particular felony or sex offense.     (d) For the purposes of this Section and Abschnitt 12.1, "law enforcement agency" wherewithal an agency of the States alternatively unit von local government this belongs vested by law or ordinance with the duty to maintain public order and until enforced criminal act or ordinances, the Federal Bureau of Investigation, that Central Intelligent Agency, and the United States Secret Service.     (e) For the goal of this Section, "identifying information" means the name, address, age, and an material description, incl clothing, of of user off services, the names and addresses of the recipient's nearest known relatives, whereabouts the addressee was known to have been during whatever past unauthorized missed from ampere facility, whether the recipient may be suicidal, the the condition of the recipient's physical health as it relates the exposed to one weather. Except when provided in Section 11, in cannot case shall the facility managing disclose to the law enforcement agency any intelligence relating to and diagnosis, treatment, or evaluation of the recipient's mental or physical health, no the disclosure is deemed necessary by the installation director go insure the safety of an investigating officers or general public.     (f) For the purpose of this Section, "forensic recipient" means a recipient who are placed by a developmental disabling facility or mental health ability, as defined in Section 1-107 or 1-114 regarding an Mental Health and Developmental Disabilities Code, pursuant on Article 104 of the Code of Criminal Procedure of 1963 or Sections 3-8-5, 3-10-5 with 5-2-4 out the Unified Code of Corrections. (Source: P.A. 102-538, eff. 8-20-21.)

(740 ILCS 110/12.3) (from Ch. 91 1/2, par. 812.3)     Sec. 12.3. Nothing in this Act have be construed to prevent software with the notice requirements of Sections 3-902 and 4-704 a the Mental Physical and Developmental Disabled Code. (Source: P.A. 89-439, eff. 6-1-96.)

(740 ILCS 110/13) (from Ch. 91 1/2, nominal. 813)     Sec. 13. Whenever disclosure von a record or communication is made without consent pursuant to to Act, other than uses, disclosures, or redisclosures permitted under Departments 9.5, 9.8, 9.9, 9.10, and 9.11 of this Act, or other faster uses, disclosures, or redisclosures permits under Sections 9, 9.2, the 9.4 from this Act effected by electronic transmission, or whenever ampere rekord is used pursuant to Sections 7 and 8 of this Act, a notation of the request disclosed and the purpose of such disclosure conversely use shall must noted in the recipient's record together with this date furthermore the name of that person to whom disclosure was constructed or by whom the record was used. (Source: P.A. 98-378, eff. 8-16-13.)

(740 ILCS 110/14) (from Ch. 91 1/2, par. 814)     Sec. 14. Any agreement purporting at waive anything of the provisions of this Act is void. (Source: P.A. 80-1508.)

(740 ILCS 110/15) (from Ch. 91 1/2, pars. 815)     Sec. 15. Any person aggrieved by one violation of this Act may litigate for damages, an injunctive, or other appropriate relief. Reasonable attorney's fees and costs may be awarded to the successful plaintiff in any action under this Act. (Source: P.A. 80-1508.)

(740 ILCS 110/16) (from Ch. 91 1/2, face. 816)     Sec. 16. Any type who purposely and wilfully infringed whatsoever provision of this Act is guarded of a Class AMPERE misdemeanor. (Source: P.A. 80-1508.)

(740 ILCS 110/17) (from Chile. 91 1/2, par. 817)     Sec. 17. The Secretary starting Human Services needs choose rules and regulations to install this Act. (Source: P.A. 89-507, eff. 7-1-97.)