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90_HB2106
410 ILCS 210/5 from Ch. 111, par. 4505
Amends the Consent by Minors to Medical Procedures Act.
Provides that a person providing counseling to a minor in
connection with a sexually transmitted disease or drug or
alcohol abuse shall inform the minor's parent or other
responsible adult of the minor's condition or treatment
unless that action is, in the person's judgment, not in the
minor's best interest. (Now, a person counseling a minor
with respect to a sexually transmitted disease may, but is
not obligated to, inform the parent; a person counseling a
minor with respect to drug or alcohol abuse shall not inform
the parent without the minor's consent unless that action is
necessary to protect the safety of the minor or another.)
LRB9003589DJpc
LRB9003589DJpc
1 AN ACT to amend the Consent by Minors to Medical
2 Procedures Act by changing Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Consent by Minors to Medical Procedures
6 Act is amended by changing Section 5 as follows:
7 (410 ILCS 210/5) (from Ch. 111, par. 4505)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 5. Counseling; informing parent or guardian. Any
10 physician who provides diagnosis or treatment or any licensed
11 clinical psychologist or professionally trained social worker
12 with a master's degree or any qualified person employed (i)
13 by an organization licensed or funded by the Illinois
14 Department of Alcoholism and Substance Abuse, (ii) by units
15 of local government, or (iii) by agencies or organizations
16 operating drug abuse programs funded or licensed by the
17 Federal Government or the State of Illinois or any qualified
18 person employed by or associated with any public or private
19 alcoholism or drug abuse program licensed by the State of
20 Illinois who provides counseling to a minor patient who has
21 come into contact with any sexually transmitted disease
22 referred to in Section 4 of this Act may, but shall not be
23 obligated to, inform the parent, parents, or guardian of the
24 minor as to the treatment given or needed unless that action
25 is, in the person's judgment, not in the minor's best
26 interest. Any person described in this Section who provides
27 counseling to a minor who abuses drugs or alcohol or has a
28 family member who abuses drugs or alcohol shall not inform
29 the parent, parents, guardian, or other responsible adult of
30 the minor's condition or treatment without the minor's
31 consent unless that action is, in the person's judgment, not
-2- LRB9003589DJpc
1 in the minor's best interest necessary to protect the safety
2 of the minor, a family member, or another individual.
3 Any such person shall, upon the minor's consent, make
4 reasonable efforts to involve the family of the minor in his
5 or her treatment, if the person furnishing the treatment
6 believes that the involvement of the family will not be
7 detrimental to the progress and care of the minor.
8 Reasonable effort shall be extended to assist the minor in
9 accepting the involvement of his or her family in the care
10 and treatment being given.
11 (Source: P.A. 89-187, eff. 7-19-95.)
12 (Text of Section after amendment by P.A. 89-507)
13 Sec. 5. Counseling; informing parent or guardian. Any
14 physician who provides diagnosis or treatment or any licensed
15 clinical psychologist or professionally trained social worker
16 with a master's degree or any qualified person employed (i)
17 by an organization licensed or funded by the Department of
18 Human Services, (ii) by units of local government, or (iii)
19 by agencies or organizations operating drug abuse programs
20 funded or licensed by the Federal Government or the State of
21 Illinois or any qualified person employed by or associated
22 with any public or private alcoholism or drug abuse program
23 licensed by the State of Illinois who provides counseling to
24 a minor patient who has come into contact with any sexually
25 transmitted disease referred to in Section 4 of this Act may,
26 but shall not be obligated to, inform the parent, parents, or
27 guardian of the minor as to the treatment given or needed
28 unless that action is, in the person's judgment, not in the
29 minor's best interest. Any person described in this Section
30 who provides counseling to a minor who abuses drugs or
31 alcohol or has a family member who abuses drugs or alcohol
32 shall not inform the parent, parents, guardian, or other
33 responsible adult of the minor's condition or treatment
34 without the minor's consent unless that action is, in the
-3- LRB9003589DJpc
1 person's judgment, not in the minor's best interest necessary
2 to protect the safety of the minor, a family member, or
3 another individual.
4 Any such person shall, upon the minor's consent, make
5 reasonable efforts to involve the family of the minor in his
6 or her treatment, if the person furnishing the treatment
7 believes that the involvement of the family will not be
8 detrimental to the progress and care of the minor.
9 Reasonable effort shall be extended to assist the minor in
10 accepting the involvement of his or her family in the care
11 and treatment being given.
12 (Source: P.A. 89-187, eff. 7-19-95; 89-507, eff. 7-1-97.)
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.