Current through Register Vol. 48, No. 38, September 20, 2024
a) The release
by DHS-ORS of any clinical, social work, psychological, psychiatric or other
information of a mental health or developmental disability services nature,
including, but not limited to, examination, diagnosis, evaluation, treatment,
training, pharmaceuticals, aftercare, habilitation or rehabilitation, shall be
governed by the Mental Health and Development of Disabilities Confidentiality
Act [740 ILCS 110 ] unless requirements of the federal regulations (
34
CFR 361.49) are more stringent.
b) AIDS, ARC, HIV Information.
No person or employee shall disclose or be compelled to
disclose the identity of a customer or of a DHS-ORS student who has been
exposed to the human immunodeficiency virus (HIV), the identity of the person
upon whom a HIV test is performed or the results of such a test without the
written informed consent of the customer or student, or legally authorized
representative, except as permitted by the Illinois AIDS Confidentiality Act
[410 ILCS 305 ].
c) AIDS
Information as it Relates to DHS-ORS Schools
1) A DHS-ORS school principal shall only
disclose the identity of an HIV infected student:
A) if notified by a public health authority
(e.g., Illinois Department of Public Health, county or city health department)
that the student has been exposed to the HIV infection;
B) if in the principal's judgement it is
necessary per the Communicable Disease Prevention Act [410 ILCS 315 ];
and
C) if approval to share the
information has been obtained through the chain of command to the Associate
Deputy Director of the Bureau of Rehabilitation Services, but identifying
information may not be disclosed to obtain approval.
2) If these conditions are met, the principal
shall inform the following:
A) the
superintendent of the DHS-ORS school;
B) the school nurse;
C) other persons as shall be necessary in the
principal's opinion (e.g., dorm parent, wrestling coach, teachers in whose
classes the student is enrolled), as long as the student's identity is not
revealed; and
D) those persons who
are required to decide the student's placement or educational program, but only
if there is a need to know such information in order to provide the student
with medical services, e.g., when a student must take medication during school
attendance or when the student's clinical condition necessitates other medical
services.
d)
Media Requests. No confidential information requested by the media concerning a
customer shall be released, unless the written consent of the customer,
guardian or representative is first obtained.
e) Legislative Requests. Release of
Information to State Legislators or Legislative Bodies
1) Only the Associate Director or customer,
guardian or representative can authorize the release of customer information to
the Illinois legislature, committees, commissions or employees thereof; except
if:
A) access is authorized by the
legislature by resolution or otherwise; or
B) a member of a committee or commission
needs such information to advance legislation pending before such
committee.
2)
Legislators may receive a general status report, not containing confidential
information upon request.
3)
Auditors with specific legislative authority shall be given access to any and
all records necessary for such audit. The auditors shall be prohibited by this
Part from any further dissemination of confidential information beyond the
scope of the audit, and shall similarly be bound by a statute governing the
operation of the Auditor General's Office [301 ILCS 5 ], and regulations
promulgated pursuant thereto (Auditor General Regulation 3:3 11A(1),
"Maintenance of Information").
f) All reports made to DHS-ORS pursuant to
the Domestic Abuse of Disabled Adults Intervention Act (Act) [201 ILCS 2435 ]
shall be confidential and may not be released except as follows:
1) To DHS-ORS employees for the purpose of
the Act;
2) To law enforcement
agencies investigating suspected abuse, neglect or exploitation;
3) To the adult disabled person who is the
subject of the report;
4) To a
court for an in camera inspection but only pursuant to a finding that access is
necessary;
5) To a grand jury if it
finds that access is necessary for an issue pending before it;
6) To any person authorized by the Associate
Director for audit or research purposes;
7) To a coroner or medical examiner;
or
8) To the agency designated
pursuant to the Protection and Advocacy for Developmentally Disabled Persons
Act [405 ILCS 40 ] and the Protection and Advocacy for Mentally Ill Act [405
ILCS 45 ].
In addition, the identity of the reporter must be kept
confidential unless express written consent is received from him/her to release
his/her name.
