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| Public Act 103-0474 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consent by Minors to Health Care Services | ||||
Act is amended by changing Section 2 as follows:
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(410 ILCS 210/2) (from Ch. 111, par. 4502)
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Sec. 2. Any parent, including a parent who is a minor, may | ||||
consent to the
performance upon his or her child of a health | ||||
care service by a
physician licensed to practice medicine in | ||||
all its branches, a chiropractic physician, a licensed | ||||
optometrist, a licensed advanced practice registered nurse, or | ||||
a licensed physician assistant or a dental procedure
by a | ||||
licensed dentist. The consent of a parent who is a minor shall | ||||
not be
voidable because of such minority, but, for such | ||||
purpose, a parent who is a
minor shall be deemed to have the | ||||
same legal capacity to act and shall have
the same powers and | ||||
obligations as has a person of legal age. | ||||
A parent who consents to the performance upon the parent's
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child of a health care service under this Section shall be
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entitled, upon request, to inspect and copy the part of that | ||||
child's records related to the specific health care service
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for which the parent is treated as the child's personal
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representative under HIPAA, 45 CFR 164.502(g). For purposes of | ||||
this Section, each appointment, referral, test, treatment, | ||
procedure, or other medical intervention is a separate and | ||
distinct health care service for the purpose of determining | ||
whether a parent is treated as the child's personal | ||
representative under HIPAA, 45 CFR 164.502(g), with respect to | ||
that health care service.
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(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18; | ||
100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
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Section 10. The Mental Health and Developmental | ||
Disabilities Confidentiality Act is amended by changing | ||
Section 4 as follows:
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(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
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Sec. 4.
(a) The following persons shall be entitled, upon | ||
request,
to inspect and copy a recipient's record or any part | ||
thereof:
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(1) the parent or guardian of a recipient who is under | ||
12 years of age;
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(2) the recipient if he is 12 years of age or older;
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(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; | ||
(3.5) the personal representative under HIPAA, 45 CFR | ||
164.502(g), of a recipient, regardless of the age of the | ||
recipient;
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(4) the guardian of a recipient who is 18 years or | ||
older;
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(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;
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(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;
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(7) an attorney-in-fact appointed under the Mental | ||
Health Treatment Preference Declaration Act; or | ||
(8) any person in whose care and custody the recipient | ||
has been placed pursuant to Section 3-811 of the Mental | ||
Health and Developmental Disabilities Code. | ||
(b) Assistance in interpreting the record may be provided | ||
without charge
and shall be provided if the person inspecting | ||
the record is under 18 years
of age. However, access may in no | ||
way be denied or limited if the person
inspecting the record | ||
refuses the assistance. A reasonable fee may be
charged for | ||
duplication of a record. However, when requested to do so in
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writing by any indigent recipient, the custodian of the | ||
records shall
provide at no charge to the recipient, or to the | ||
Guardianship and Advocacy
Commission, the agency designated by | ||
the Governor under Section 1 of the
Protection and Advocacy | ||
for Persons with Developmental Disabilities Act or to any
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other not-for-profit agency whose primary purpose is to | ||
provide free legal
services or advocacy for the indigent and | ||
who has received written
authorization from the recipient | ||
under Section 5 of this Act to receive his
records, one copy of | ||
any records in its possession whose disclosure is
authorized | ||
under this Act.
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(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
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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.
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(d) Whenever access or modification is requested, the | ||
request and any
action taken thereon shall be noted in the | ||
recipient's record.
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(Source: P.A. 99-143, eff. 7-27-15.)
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