Public Act 096-0071
 		





SB1507 Enrolled
LRB096 07603 ASK 17699 b






    AN ACT concerning professional regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Clinical Social Work and Social Work 
Practice Act is amended  by changing Section 16 as follows:
 



    (225 ILCS 20/16)  (from Ch. 111, par. 6366)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 16. Privileged Communications and Exceptions. 

    1. No licensed clinical social worker or licensed social 
worker shall
disclose any information acquired from persons 
consulting the social worker
in a professional capacity, except 
that which may be voluntarily disclosed
under the following 
circumstances:


        (a) In the course of formally reporting, conferring or 
    consulting with
administrative superiors, colleagues or 
    consultants who share professional
responsibility, 
    including a professional responsibility to maintain 
    confidentiality, in which instance all recipients of such 
    information are
similarly bound to regard the 
    communication as privileged;


        (b) With the written consent of the person who provided 
    the information;


        (c) In case of death or disability, with the written 
    consent of a
personal representative, other person 
    authorized to sue, or the beneficiary
of an insurance 
    policy on the person's life, health or physical condition;


        (d) When a communication reveals the intended 
    commission of a crime or
harmful act and such disclosure is 
    judged necessary by the licensed
clinical social worker or 
    licensed social worker to protect any person from
a clear, 
    imminent risk of serious mental or physical harm or injury, 
    or to
forestall a serious threat to the public safety;


        (e) When the person waives the privilege by bringing 
    any public charges
against the licensee; or


        (f) When the information is acquired during the course 
    of investigating a
report or working on a case of elder 
    abuse, neglect, or financial exploitation
by a designated 
    Elder Abuse Provider Agency and disclosure of the 
    information
is
in accordance with the provisions of Section 
    8 of the Elder Abuse and Neglect
Act.

    2. When the person is a minor under the laws of the State 
of Illinois
and the information acquired by the licensed 
clinical social worker or
licensed social worker indicates the 
minor was
the victim or subject of a crime, the licensed 
clinical social worker or
licensed social worker may be 
required to testify
in any judicial proceedings in which the 
commission of that crime is the
subject of inquiry and when, 
after in camera review of the information that
the licensed 
clinical social worker or licensed social worker acquired,
the 
court determines that the interests of the
minor in having the 
information held privileged are outweighed by the
requirements 
of justice, the need to protect the public safety or the need

to protect the minor, except as provided under the Abused and 
Neglected
Child Reporting Act.

    3. Any person having access to records or any one who 
participates in
providing social work services or who, in 
providing any human services,
is supervised by a licensed 
clinical social worker or licensed social
worker, is similarly 
bound to regard all information
and communications as 
privileged in accord with this Section.

    4. Nothing shall be construed to prohibit a licensed

clinical social worker or licensed social worker from

voluntarily testifying in court hearings concerning matters of 
adoption, child
abuse, child neglect or other matters 
pertaining to children,
except as provided under the Abused and 
Neglected Child Reporting Act.

    5. The Mental Health and Developmental Disabilities 
Confidentiality
Act, as now or hereafter amended, is 
incorporated herein as if all of its
provisions were included 
in this Act.

(Source: P.A. 89-387, eff. 8-20-95.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.