|
|
|
SB1507 Enrolled |
|
LRB096 07603 ASK 17699 b |
|
|
1 |
| AN ACT concerning professional regulation.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Clinical Social Work and Social Work |
5 |
| Practice Act is amended by changing Section 16 as follows:
|
6 |
| (225 ILCS 20/16) (from Ch. 111, par. 6366)
|
7 |
| (Section scheduled to be repealed on January 1, 2018)
|
8 |
| Sec. 16. Privileged Communications and Exceptions.
|
9 |
| 1. No licensed clinical social worker or licensed social |
10 |
| worker shall
disclose any information acquired from persons |
11 |
| consulting the social worker
in a professional capacity, except |
12 |
| that which may be voluntarily disclosed
under the following |
13 |
| circumstances:
|
14 |
| (a) In the course of formally reporting, conferring or |
15 |
| consulting with
administrative superiors, colleagues or |
16 |
| consultants who share professional
responsibility, |
17 |
| including a professional responsibility to maintain |
18 |
| confidentiality, in which instance all recipients of such |
19 |
| information are
similarly bound to regard the |
20 |
| communication as privileged;
|
21 |
| (b) With the written consent of the person who provided |
22 |
| the information;
|
23 |
| (c) In case of death or disability, with the written |
|
|
|
SB1507 Enrolled |
- 2 - |
LRB096 07603 ASK 17699 b |
|
|
1 |
| consent of a
personal representative, other person |
2 |
| authorized to sue, or the beneficiary
of an insurance |
3 |
| policy on the person's life, health or physical condition;
|
4 |
| (d) When a communication reveals the intended |
5 |
| commission of a crime or
harmful act and such disclosure is |
6 |
| judged necessary by the licensed
clinical social worker or |
7 |
| licensed social worker to protect any person from
a clear, |
8 |
| imminent risk of serious mental or physical harm or injury, |
9 |
| or to
forestall a serious threat to the public safety;
|
10 |
| (e) When the person waives the privilege by bringing |
11 |
| any public charges
against the licensee; or
|
12 |
| (f) When the information is acquired during the course |
13 |
| of investigating a
report or working on a case of elder |
14 |
| abuse, neglect, or financial exploitation
by a designated |
15 |
| Elder Abuse Provider Agency and disclosure of the |
16 |
| information
is
in accordance with the provisions of Section |
17 |
| 8 of the Elder Abuse and Neglect
Act.
|
18 |
| 2. When the person is a minor under the laws of the State |
19 |
| of Illinois
and the information acquired by the licensed |
20 |
| clinical social worker or
licensed social worker indicates the |
21 |
| minor was
the victim or subject of a crime, the licensed |
22 |
| clinical social worker or
licensed social worker may be |
23 |
| required to testify
in any judicial proceedings in which the |
24 |
| commission of that crime is the
subject of inquiry and when, |
25 |
| after in camera review of the information that
the licensed |
26 |
| clinical social worker or licensed social worker acquired,
the |
|
|
|
SB1507 Enrolled |
- 3 - |
LRB096 07603 ASK 17699 b |
|
|
1 |
| court determines that the interests of the
minor in having the |
2 |
| information held privileged are outweighed by the
requirements |
3 |
| of justice, the need to protect the public safety or the need
|
4 |
| to protect the minor, except as provided under the Abused and |
5 |
| Neglected
Child Reporting Act.
|
6 |
| 3. Any person having access to records or any one who |
7 |
| participates in
providing social work services or who, in |
8 |
| providing any human services,
is supervised by a licensed |
9 |
| clinical social worker or licensed social
worker, is similarly |
10 |
| bound to regard all information
and communications as |
11 |
| privileged in accord with this Section.
|
12 |
| 4. Nothing shall be construed to prohibit a licensed
|
13 |
| clinical social worker or licensed social worker from
|
14 |
| voluntarily testifying in court hearings concerning matters of |
15 |
| adoption, child
abuse, child neglect or other matters |
16 |
| pertaining to children,
except as provided under the Abused and |
17 |
| Neglected Child Reporting Act.
|
18 |
| 5. The Mental Health and Developmental Disabilities |
19 |
| Confidentiality
Act, as now or hereafter amended, is |
20 |
| incorporated herein as if all of its
provisions were included |
21 |
| in this Act.
|
22 |
| (Source: P.A. 89-387, eff. 8-20-95 .)
|
23 |
| Section 99. Effective date. This Act takes effect upon |
24 |
| becoming law.
|