| ||||
| Public Act 099-0278 | ||||
| ||||
| ||||
AN ACT concerning education.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 1. Short title. This Act may be cited as the | ||||
Student Optional Disclosure of Private Mental Health Act. | ||||
Section 5. Definitions. In this Act: | ||||
(a) "Designated person" means a parent, guardian, or other | ||||
person over the age of 18 designated by the student to receive | ||||
disclosure of certain private mental health information. | ||||
(b) "Qualified examiner" has the meaning ascribed to that | ||||
term in Section 1-122 of the Mental Health and Developmental | ||||
Disabilities Code.
| ||||
Section 10. Disclosure of mental health information. | ||||
(a) An institution of higher learning in Illinois shall, at | ||||
or near the time that an incoming student enrolls at the | ||||
institution of higher learning, provide that student the | ||||
opportunity to authorize in writing the disclosure of certain | ||||
private mental health information to a designated person. | ||||
(b) The institution may disclose the student's mental | ||||
information if a physician, clinical psychologist, or | ||||
qualified examiner who is employed by the institution of higher | ||||
learning makes a determination that the student poses a clear | ||||
danger to himself, herself, or others to protect the student or | ||
other person against a clear, imminent risk of serious physical | ||
or mental injury or disease or death being inflicted upon the | ||
person or by the student on himself, herself, or another. | ||
The physician, clinical psychologist, or qualified | ||
examiner shall, as soon as practicable, but in no more than 24 | ||
hours after making a determination under this Section, attempt | ||
to contact the designated person and notify the designated | ||
person that the physician, clinical psychologist, or qualified | ||
examiner has made a determination that the student poses a | ||
clear, imminent danger to himself, herself, or others.
| ||
Section 15. Preparation of authorization form. An | ||
institution of higher learning shall prepare a form for the | ||
purpose of such authorization and shall create a policy and | ||
supporting procedures to ensure that every new student is given | ||
the opportunity to complete and submit the form if he or she so | ||
desires. The form shall provide a space for the student to | ||
affirmatively authorize, or decline to authorize, the | ||
disclosure of the information. The firm shall contain a space | ||
for the student to enter the name, address, telephone number, | ||
and other contact information for the designated person.
| ||