101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1145

Introduced 2/5/2019, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

`20 ILCS 2305/2`	`from Ch. 111 1/2, par. 22`
`740 ILCS 110/12`	`from Ch. 91 1/2, par. 812`

Amends the Department of Public Health Act and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that the Department of Public Health may impose fines or sanctions upon a facility that fails to comply with reporting requirements related to determining whether a person is disqualified from gun ownership under specified statutes. Provides that the Department shall adopt rules to implement the provisions.

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A BILL FOR

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1 AN ACT concerning civil law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Department of Public Health Act is amended

5 by changing Section 2 as follows:

6 (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)

7 Sec. 2. Powers.

8 (a) The State Department of Public Health has general

9 supervision of the interests of the health and lives of the

10 people of the State. It has supreme authority in matters of

11 quarantine and isolation, and may declare and enforce

12 quarantine and isolation when none exists, and may modify or

13 relax quarantine and isolation when it has been established.

14 The Department may adopt, promulgate, repeal and amend rules

15 and regulations and make such sanitary investigations and

16 inspections as it may from time to time deem necessary for the

17 preservation and improvement of the public health, consistent

18 with law regulating the following:

19 (1) Transportation of the remains of deceased persons.

20 (2) Sanitary practices relating to drinking water made

21 accessible to the public for human consumption or for

22 lavatory or culinary purposes.

23 (3) Sanitary practices relating to rest room

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1 facilities made accessible to the public or to persons

2 handling food served to the public.

3 (4) Sanitary practices relating to disposal of human

4 wastes in or from all buildings and places where people

5 live, work or assemble.

6 The provisions of the Illinois Administrative Procedure

7 Act are hereby expressly adopted and shall apply to all

8 administrative rules and procedures of the Department of Public

9 Health under this Act, except that Section 5-35 of the Illinois

10 Administrative Procedure Act relating to procedures for

11 rule-making does not apply to the adoption of any rule required

12 by federal law in connection with which the Department is

13 precluded by law from exercising any discretion.

14 All local boards of health, health authorities and

15 officers, police officers, sheriffs and all other officers and

16 employees of the state or any locality shall enforce the rules

17 and regulations so adopted and orders issued by the Department

18 pursuant to this Section.

19 The Department of Public Health shall conduct a public

20 information campaign to inform Hispanic women of the high

21 incidence of breast cancer and the importance of mammograms and

22 where to obtain a mammogram. This requirement may be satisfied

23 by translation into Spanish and distribution of the breast

24 cancer summaries required by Section 2310-345 of the Department

25 of Public Health Powers and Duties Law (20 ILCS 2310/2310-345).

26 The information provided by the Department of Public Health

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1 shall include (i) a statement that mammography is the most

2 accurate method for making an early detection of breast cancer,

3 however, no diagnostic tool is 100% effective and (ii)

4 instructions for performing breast self-examination and a

5 statement that it is important to perform a breast

6 self-examination monthly.

7 The Department of Public Health shall investigate the

8 causes of dangerously contagious or infectious diseases,

9 especially when existing in epidemic form, and take means to

10 restrict and suppress the same, and whenever such disease

11 becomes, or threatens to become epidemic, in any locality and

12 the local board of health or local authorities neglect or

13 refuse to enforce efficient measures for its restriction or

14 suppression or to act with sufficient promptness or efficiency,

15 or whenever the local board of health or local authorities

16 neglect or refuse to promptly enforce efficient measures for

17 the restriction or suppression of dangerously contagious or

18 infectious diseases, the Department of Public Health may

19 enforce such measures as it deems necessary to protect the

20 public health, and all necessary expenses so incurred shall be

21 paid by the locality for which services are rendered.

22 (b) Subject to the provisions of subsection (c), the

23 Department may order a person or group of persons to be

24 quarantined or isolated or may order a place to be closed and

25 made off limits to the public to prevent the probable spread of

26 a dangerously contagious or infectious disease, including

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1 non-compliant tuberculosis patients, until such time as the

2 condition can be corrected or the danger to the public health

3 eliminated or reduced in such a manner that no substantial

4 danger to the public's health any longer exists. Orders for

5 isolation of a person or quarantine of a place to prevent the

6 probable spread of a sexually transmissible disease shall be

7 governed by the provisions of Section 7 of the Illinois

8 Sexually Transmissible Disease Control Act and not this

9 Section.

10 (c) Except as provided in this Section, no person or a

11 group of persons may be ordered to be quarantined or isolated

12 and no place may be ordered to be closed and made off limits to

13 the public except with the consent of the person or owner of

14 the place or upon the prior order of a court of competent

15 jurisdiction. The Department may, however, order a person or a

16 group of persons to be quarantined or isolated or may order a

17 place to be closed and made off limits to the public on an

18 immediate basis without prior consent or court order if, in the

19 reasonable judgment of the Department, immediate action is

20 required to protect the public from a dangerously contagious or

21 infectious disease. In the event of an immediate order issued

22 without prior consent or court order, the Department shall, as

23 soon as practical, within 48 hours after issuing the order,

24 obtain the consent of the person or owner or file a petition

25 requesting a court order authorizing the isolation or

26 quarantine or closure. When exigent circumstances exist that

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1 cause the court system to be unavailable or that make it

2 impossible to obtain consent or file a petition within 48 hours

3 after issuance of an immediate order, the Department must

4 obtain consent or file a petition requesting a court order as

5 soon as reasonably possible. To obtain a court order, the

6 Department, by clear and convincing evidence, must prove that

7 the public's health and welfare are significantly endangered by

8 a person or group of persons that has, that is suspected of

9 having, that has been exposed to, or that is reasonably

10 believed to have been exposed to a dangerously contagious or

11 infectious disease including non-compliant tuberculosis

12 patients or by a place where there is a significant amount of

13 activity likely to spread a dangerously contagious or

14 infectious disease. The Department must also prove that all

15 other reasonable means of correcting the problem have been

16 exhausted and no less restrictive alternative exists. For

17 purposes of this subsection, in determining whether no less

18 restrictive alternative exists, the court shall consider

19 evidence showing that, under the circumstances presented by the

20 case in which an order is sought, quarantine or isolation is

21 the measure provided for in a rule of the Department or in

22 guidelines issued by the Centers for Disease Control and

23 Prevention or the World Health Organization. Persons who are or

24 are about to be ordered to be isolated or quarantined and

25 owners of places that are or are about to be closed and made

26 off limits to the public shall have the right to counsel. If a

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1 person or owner is indigent, the court shall appoint counsel

2 for that person or owner. Persons who are ordered to be

3 isolated or quarantined or who are owners of places that are

4 ordered to be closed and made off limits to the public, shall

5 be given a written notice of such order. The written notice

6 shall additionally include the following: (1) notice of the

7 right to counsel; (2) notice that if the person or owner is

8 indigent, the court will appoint counsel for that person or

9 owner; (3) notice of the reason for the order for isolation,

10 quarantine, or closure; (4) notice of whether the order is an

11 immediate order, and if so, the time frame for the Department

12 to seek consent or to file a petition requesting a court order

13 as set out in this subsection; and (5) notice of the

14 anticipated duration of the isolation, quarantine, or closure.

15 (d) The Department may order physical examinations and

16 tests and collect laboratory specimens as necessary for the

17 diagnosis or treatment of individuals in order to prevent the

18 probable spread of a dangerously contagious or infectious

19 disease. Physical examinations, tests, or collection of

20 laboratory specimens must not be such as are reasonably likely

21 to lead to serious harm to the affected individual. To prevent

22 the spread of a dangerously contagious or infectious disease,

23 the Department may, pursuant to the provisions of subsection

24 (c) of this Section, isolate or quarantine any person whose

25 refusal of physical examination or testing or collection of

26 laboratory specimens results in uncertainty regarding whether

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1 he or she has been exposed to or is infected with a dangerously

2 contagious or infectious disease or otherwise poses a danger to

3 the public's health. An individual may refuse to consent to a

4 physical examination, test, or collection of laboratory

5 specimens. An individual shall be given a written notice that

6 shall include notice of the following: (i) that the individual

7 may refuse to consent to physical examination, test, or

8 collection of laboratory specimens; (ii) that if the individual

9 consents to physical examination, tests, or collection of

10 laboratory specimens, the results of that examination, test, or

11 collection of laboratory specimens may subject the individual

12 to isolation or quarantine pursuant to the provisions of

13 subsection (c) of this Section; (iii) that if the individual

14 refuses to consent to physical examination, tests, or

15 collection of laboratory specimens and that refusal results in

16 uncertainty regarding whether he or she has been exposed to or

17 is infected with a dangerously contagious or infectious disease

18 or otherwise poses a danger to the public's health, the

19 individual may be subject to isolation or quarantine pursuant

20 to the provisions of subsection (c) of this Section; and (iv)

21 that if the individual refuses to consent to physical

22 examinations, tests, or collection of laboratory specimens and

23 becomes subject to isolation and quarantine as provided in this

24 subsection (d), he or she shall have the right to counsel

25 pursuant to the provisions of subsection (c) of this Section.

26 To the extent feasible without endangering the public's health,

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1 the Department shall respect and accommodate the religious

2 beliefs of individuals in implementing this subsection.

3 (e) The Department may order the administration of

4 vaccines, medications, or other treatments to persons as

5 necessary in order to prevent the probable spread of a

6 dangerously contagious or infectious disease. A vaccine,

7 medication, or other treatment to be administered must not be

8 such as is reasonably likely to lead to serious harm to the

9 affected individual. To prevent the spread of a dangerously

10 contagious or infectious disease, the Department may, pursuant

11 to the provisions of subsection (c) of this Section, isolate or

12 quarantine persons who are unable or unwilling to receive

13 vaccines, medications, or other treatments pursuant to this

14 Section. An individual may refuse to receive vaccines,

15 medications, or other treatments. An individual shall be given

16 a written notice that shall include notice of the following:

17 (i) that the individual may refuse to consent to vaccines,

18 medications, or other treatments; (ii) that if the individual

19 refuses to receive vaccines, medications, or other treatments,

20 the individual may be subject to isolation or quarantine

21 pursuant to the provisions of subsection (c) of this Section;

22 and (iii) that if the individual refuses to receive vaccines,

23 medications, or other treatments and becomes subject to

24 isolation or quarantine as provided in this subsection (e), he

25 or she shall have the right to counsel pursuant to the

26 provisions of subsection (c) of this Section. To the extent

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1 feasible without endangering the public's health, the

2 Department shall respect and accommodate the religious beliefs

3 of individuals in implementing this subsection.

4 (f) The Department may order observation and monitoring of

5 persons to prevent the probable spread of a dangerously

6 contagious or infectious disease. To prevent the spread of a

7 dangerously contagious or infectious disease, the Department

8 may, pursuant to the provisions of subsection (c) of this

9 Section, isolate or quarantine persons whose refusal to undergo

10 observation and monitoring results in uncertainty regarding

11 whether he or she has been exposed to or is infected with a

12 dangerously contagious or infectious disease or otherwise

13 poses a danger to the public's health. An individual may refuse

14 to undergo observation and monitoring. An individual shall be

15 given written notice that shall include notice of the

16 following: (i) that the individual may refuse to undergo

17 observation and monitoring; (ii) that if the individual

18 consents to observation and monitoring, the results of that

19 observation and monitoring may subject the individual to

20 isolation or quarantine pursuant to the provisions of

21 subsection (c) of this Section; (iii) that if the individual

22 refuses to undergo observation and monitoring and that refusal

23 results in uncertainty regarding whether he or she has been

24 exposed to or is infected with a dangerously contagious or

25 infectious disease or otherwise poses a danger to the public's

26 health, the individual may be subject to isolation or

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1 quarantine pursuant to the provisions of subsection (c) of this

2 Section; and (iv) that if the individual refuses to undergo

3 observation and monitoring and becomes subject to isolation or

4 quarantine as provided in this subsection (f), he or she shall

5 have the right to counsel pursuant to the provisions of

6 subsection (c) of this Section.

7 (g) To prevent the spread of a dangerously contagious or

8 infectious disease among humans, the Department may examine,

9 test, disinfect, seize, or destroy animals or other related

10 property believed to be sources of infection. An owner of such

11 animal or other related property shall be given written notice

12 regarding such examination, testing, disinfection, seizure, or

13 destruction. When the Department determines that any animal or

14 related property is infected with or has been exposed to a

15 dangerously contagious or infectious disease, it may agree with

16 the owner upon the value of the animal or of any related

17 property that it may be found necessary to destroy, and in case

18 such an agreement cannot be made, the animals or related

19 property shall be appraised by 3 competent and disinterested

20 appraisers, one to be selected by the Department, one by the

21 claimant, and one by the 2 appraisers thus selected. The

22 appraisers shall subscribe to an oath made in writing to fairly

23 value the animals or related property in accordance with the

24 requirements of this Act. The oath, together with the valuation

25 fixed by the appraisers, shall be filed with the Department and

26 preserved by it. Upon the appraisal being made, the owner or

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1 the Department shall immediately destroy the animals by "humane

2 euthanasia" as that term is defined in Section 2.09 of the

3 Humane Care for Animals Act. Dogs and cats, however, shall be

4 euthanized pursuant to the provisions of the Humane Euthanasia

5 in Animal Shelters Act. The owner or the Department shall

6 additionally, dispose of the carcasses, and disinfect, change,

7 or destroy the premises occupied by the animals, in accordance

8 with rules prescribed by the Department governing such

9 destruction and disinfection. Upon his or her failure so to do

10 or to cooperate with the Department, the Department shall cause

11 the animals or related property to be destroyed and disposed of

12 in the same manner, and thereupon the owner shall forfeit all

13 right to receive any compensation for the destruction of the

14 animals or related property. All final administrative

15 decisions of the Department hereunder shall be subject to

16 judicial review pursuant to the provisions of the

17 Administrative Review Law, and all amendments and

18 modifications thereof, and the rules adopted pursuant thereto.

19 The term "administrative decision" is defined as in Section

20 3-101 of the Code of Civil Procedure.

21 (h) To prevent the spread of a dangerously contagious or

22 infectious disease, the Department, local boards of health, and

23 local public health authorities shall have emergency access to

24 medical or health information or records or data upon the

25 condition that the Department, local boards of health, and

26 local public health authorities shall protect the privacy and

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1 confidentiality of any medical or health information or records

2 or data obtained pursuant to this Section in accordance with

3 federal and State law. Additionally, any such medical or health

4 information or records or data shall be exempt from inspection

5 and copying under the Freedom of Information Act. Other than a

6 hearing for the purpose of this Act, any information, records,

7 reports, statements, notes, memoranda, or other data in the

8 possession of the Department, local boards of health, or local

9 public health authorities shall not be admissible as evidence,

10 nor discoverable in any action of any kind in any court or

11 before any tribunal, board, agency, or person. The access to or

12 disclosure of any of this information or data by the

13 Department, a local board of health, or a local public

14 authority shall not waive or have any effect upon its

15 non-discoverability or non-admissibility. Any person,

16 facility, institution, or agency that provides emergency

17 access to health information and data under this subsection

18 shall have immunity from any civil or criminal liability, or

19 any other type of liability that might otherwise result by

20 reason of these actions except in the event of willful and

21 wanton misconduct. The privileged quality of communication

22 between any professional person or any facility shall not

23 constitute grounds for failure to provide emergency access.

24 Nothing in this subsection shall prohibit the sharing of

25 information as authorized in Section 2.1 of this Act. The

26 disclosure of any of this information, records, reports,

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1 statements, notes, memoranda, or other data obtained in any

2 activity under this Act, except that necessary for the purposes

3 of this Act, is unlawful, and any person convicted of violating

4 this provision is guilty of a Class A misdemeanor.

5 (i) (A) The Department, in order to prevent and control

6 disease, injury, or disability among citizens of the State

7 of Illinois, may develop and implement, in consultation

8 with local public health authorities, a Statewide system

9 for syndromic data collection through the access to

10 interoperable networks, information exchanges, and

11 databases. The Department may also develop a system for the

12 reporting of comprehensive, integrated data to identify

13 and address unusual occurrences of disease symptoms and

14 other medical complexes affecting the public's health.

15 (B) The Department may enter into contracts or

16 agreements with individuals, corporations, hospitals,

17 universities, not-for-profit corporations, governmental

18 entities, or other organizations, whereby those

19 individuals or entities agree to provide assistance in the

20 compilation of the syndromic data collection and reporting

21 system.

22 (C) The Department shall not release any syndromic data

23 or information obtained pursuant to this subsection to any

24 individuals or entities for purposes other than the

25 protection of the public health. All access to data by the

26 Department, reports made to the Department, the identity of

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1 or facts that would tend to lead to the identity of the

2 individual who is the subject of the report, and the

3 identity of or facts that would tend to lead to the

4 identity of the author of the report shall be strictly

5 confidential, are not subject to inspection or

6 dissemination, and shall be used only for public health

7 purposes by the Department, local public health

8 authorities, or the Centers for Disease Control and

9 Prevention. Entities or individuals submitting reports or

10 providing access to the Department shall not be held liable

11 for the release of information or confidential data to the

12 Department in accordance with this subsection.

13 (D) Nothing in this subsection prohibits the sharing of

14 information as authorized in Section 2.1 of this Act.

15 (j) This Section shall be considered supplemental to the

16 existing authority and powers of the Department and shall not

17 be construed to restrain or restrict the Department in

18 protecting the public health under any other provisions of the

19 law.

20 (k) Any person who knowingly or maliciously disseminates

21 any false information or report concerning the existence of any

22 dangerously contagious or infectious disease in connection

23 with the Department's power of quarantine, isolation and

24 closure or refuses to comply with a quarantine, isolation or

25 closure order is guilty of a Class A misdemeanor.

26 (l) The Department of Public Health may establish and

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1 maintain a chemical and bacteriologic laboratory for the

2 examination of water and wastes, and for the diagnosis of

3 diphtheria, typhoid fever, tuberculosis, malarial fever and

4 such other diseases as it deems necessary for the protection of

5 the public health.

6 As used in this Act, "locality" means any governmental

7 agency which exercises power pertaining to public health in an

8 area less than the State.

9 The terms "sanitary investigations and inspections" and

10 "sanitary practices" as used in this Act shall not include or

11 apply to "Public Water Supplies" or "Sewage Works" as defined

12 in the Environmental Protection Act. The Department may adopt

13 rules that are reasonable and necessary to implement and

14 effectuate this amendatory Act of the 93rd General Assembly.

15 (m) The public health measures set forth in subsections (a)

16 through (h) of this Section may be used by the Department to

17 respond to chemical, radiological, or nuclear agents or events.

18 The individual provisions of subsections (a) through (h) of

19 this Section apply to any order issued by the Department under

20 this Section. The provisions of subsection (k) apply to

21 chemical, radiological, or nuclear agents or events. Prior to

22 the Department issuing an order for public health measures set

23 forth in this Act for chemical, radiological, or nuclear agents

24 or events as authorized in subsection (m), the Department and

25 the Illinois Emergency Management Agency shall consult in

26 accordance with the Illinois emergency response framework.

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1 When responding to chemical, radiological, or nuclear agents or

2 events, the Department shall determine the health related risks

3 and appropriate public health response measures and provide

4 recommendations for response to the Illinois Emergency

5 Management Agency. Nothing in this Section shall supersede the

6 current National Incident Management System and the Illinois

7 Emergency Operation Plan or response plans and procedures

8 established pursuant to IEMA statutes.

9 (n) The Department of Public Health may impose fines or

10 sanctions upon a facility that fails to comply with subsection

11 (b) of Section 12 of the Mental Health and Developmental

12 Disabilities Confidentiality Act. The Department of Public

13 Health may adopt any rules necessary to implement this

14 amendatory Act of the 101st General Assembly.

15 (Source: P.A. 96-698, eff. 8-25-09.)

16 Section 10. The Mental Health and Developmental

17 Disabilities Confidentiality Act is amended by changing

18 Section 12 as follows:

19 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

20 Sec. 12. (a) If the United States Secret Service or the

21 Department of State Police requests information from a mental

22 health or developmental disability facility, as defined in

23 Section 1-107 and 1-114 of the Mental Health and Developmental

24 Disabilities Code, relating to a specific recipient and the

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1 facility director determines that disclosure of such

2 information may be necessary to protect the life of, or to

3 prevent the infliction of great bodily harm to, a public

4 official, or a person under the protection of the United States

5 Secret Service, only the following information may be

6 disclosed: the recipient's name, address, and age and the date

7 of any admission to or discharge from a facility; and any

8 information which would indicate whether or not the recipient

9 has a history of violence or presents a danger of violence to

10 the person under protection. Any information so disclosed shall

11 be used for investigative purposes only and shall not be

12 publicly disseminated. Any person participating in good faith

13 in the disclosure of such information in accordance with this

14 provision shall have immunity from any liability, civil,

15 criminal or otherwise, if such information is disclosed relying

16 upon the representation of an officer of the United States

17 Secret Service or the Department of State Police that a person

18 is under the protection of the United States Secret Service or

19 is a public official.

20 For the purpose of this subsection (a), the term "public

21 official" means the Governor, Lieutenant Governor, Attorney

22 General, Secretary of State, State Comptroller, State

23 Treasurer, member of the General Assembly, member of the United

24 States Congress, Judge of the United States as defined in 28

25 U.S.C. 451, Justice of the United States as defined in 28

26 U.S.C. 451, United States Magistrate Judge as defined in 28

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1 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

2 Supreme, Appellate, Circuit, or Associate Judge of the State of

3 Illinois. The term shall also include the spouse, child or

4 children of a public official.

5 (b) The Department of Human Services (acting as successor

6 to the Department of Mental Health and Developmental

7 Disabilities) and all public or private hospitals and mental

8 health facilities are required, as hereafter described in this

9 subsection, to furnish the Department of State Police only such

10 information as may be required for the sole purpose of

11 determining whether an individual who may be or may have been a

12 patient is disqualified because of that status from receiving

13 or retaining a Firearm Owner's Identification Card or falls

14 within the federal prohibitors under subsection (e), (f), (g),

15 (r), (s), or (t) of Section 8 of the Firearm Owners

16 Identification Card Act, or falls within the federal

17 prohibitors in 18 U.S.C. 922(g) and (n). All physicians,

18 clinical psychologists, or qualified examiners at public or

19 private mental health facilities or parts thereof as defined in

20 this subsection shall, in the form and manner required by the

21 Department, provide notice directly to the Department of Human

22 Services, or to his or her employer who shall then report to

23 the Department, within 24 hours after determining that a person

24 poses a clear and present danger to himself, herself, or

25 others, or within 7 days after a person 14 years or older is

26 determined to be a person with a developmental disability by a

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1 physician, clinical psychologist, or qualified examiner as

2 described in Section 1.1 of the Firearm Owners Identification

3 Card Act. If a person is a patient as described in clause (1)

4 of the definition of "patient" in Section 1.1 of the Firearm

5 Owners Identification Card Act, this information shall be

6 furnished within 7 days after admission to a public or private

7 hospital or mental health facility or the provision of

8 services. Any such information disclosed under this subsection

9 shall remain privileged and confidential, and shall not be

10 redisclosed, except as required by subsection (e) of Section

11 3.1 of the Firearm Owners Identification Card Act, nor utilized

12 for any other purpose. The method of requiring the providing of

13 such information shall guarantee that no information is

14 released beyond what is necessary for this purpose. In

15 addition, the information disclosed shall be provided by the

16 Department within the time period established by Section 24-3

17 of the Criminal Code of 2012 regarding the delivery of

18 firearms. The method used shall be sufficient to provide the

19 necessary information within the prescribed time period, which

20 may include periodically providing lists to the Department of

21 Human Services or any public or private hospital or mental

22 health facility of Firearm Owner's Identification Card

23 applicants on which the Department or hospital shall indicate

24 the identities of those individuals who are to its knowledge

25 disqualified from having a Firearm Owner's Identification Card

26 for reasons described herein. The Department may provide for a

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1 centralized source of information for the State on this subject

2 under its jurisdiction. The identity of the person reporting

3 under this subsection shall not be disclosed to the subject of

4 the report. For the purposes of this subsection, the physician,

5 clinical psychologist, or qualified examiner making the

6 determination and his or her employer shall not be held

7 criminally, civilly, or professionally liable for making or not

8 making the notification required under this subsection, except

9 for willful or wanton misconduct.

10 Any person, institution, or agency, under this Act,

11 participating in good faith in the reporting or disclosure of

12 records and communications otherwise in accordance with this

13 provision or with rules, regulations or guidelines issued by

14 the Department shall have immunity from any liability, civil,

15 criminal or otherwise, that might result by reason of the

16 action. For the purpose of any proceeding, civil or criminal,

17 arising out of a report or disclosure in accordance with this

18 provision, the good faith of any person, institution, or agency

19 so reporting or disclosing shall be presumed. The full extent

20 of the immunity provided in this subsection (b) shall apply to

21 any person, institution or agency that fails to make a report

22 or disclosure in the good faith belief that the report or

23 disclosure would violate federal regulations governing the

24 confidentiality of alcohol and drug abuse patient records

25 implementing 42 U.S.C. 290dd-3 and 290ee-3.

26 The Department of Public Health may impose fines or

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1 sanctions upon a facility that fails to comply with this

2 subsection. The Department of Public Health may adopt any rules

3 necessary to implement this amendatory Act of the 101st General

4 Assembly.

5 For purposes of this subsection (b) only, the following

6 terms shall have the meaning prescribed:

7 (1) (Blank).

8 (1.3) "Clear and present danger" has the meaning as

9 defined in Section 1.1 of the Firearm Owners Identification

10 Card Act.

11 (1.5) "Person with a developmental disability" has the

12 meaning as defined in Section 1.1 of the Firearm Owners

13 Identification Card Act.

14 (2) "Patient" has the meaning as defined in Section 1.1

15 of the Firearm Owners Identification Card Act.

16 (3) "Mental health facility" has the meaning as defined

17 in Section 1.1 of the Firearm Owners Identification Card

18 Act.

19 (c) Upon the request of a peace officer who takes a person

20 into custody and transports such person to a mental health or

21 developmental disability facility pursuant to Section 3-606 or

22 4-404 of the Mental Health and Developmental Disabilities Code

23 or who transports a person from such facility, a facility

24 director shall furnish said peace officer the name, address,

25 age and name of the nearest relative of the person transported

26 to or from the mental health or developmental disability

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1 facility. In no case shall the facility director disclose to

2 the peace officer any information relating to the diagnosis,

3 treatment or evaluation of the person's mental or physical

4 health.

5 For the purposes of this subsection (c), the terms "mental

6 health or developmental disability facility", "peace officer"

7 and "facility director" shall have the meanings ascribed to

8 them in the Mental Health and Developmental Disabilities Code.

9 (d) Upon the request of a peace officer or prosecuting

10 authority who is conducting a bona fide investigation of a

11 criminal offense, or attempting to apprehend a fugitive from

12 justice, a facility director may disclose whether a person is

13 present at the facility. Upon request of a peace officer or

14 prosecuting authority who has a valid forcible felony warrant

15 issued, a facility director shall disclose: (1) whether the

16 person who is the subject of the warrant is present at the

17 facility and (2) the date of that person's discharge or future

18 discharge from the facility. The requesting peace officer or

19 prosecuting authority must furnish a case number and the

20 purpose of the investigation or an outstanding arrest warrant

21 at the time of the request. Any person, institution, or agency

22 participating in good faith in disclosing such information in

23 accordance with this subsection (d) is immune from any

24 liability, civil, criminal or otherwise, that might result by

25 reason of the action.

26 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

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1 eff. 7-27-15; 99-642, eff. 7-28-16.)