Law / United States / 
Illinois
Student Optional Disclosure of Private Mental Health Act: student authorization of disclosure to a designated person
110 ILCS 74/5, 74/10 and 74/15
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
What it requires
- If you are an institution of higher learning in Illinois, at or near the time an incoming student enrolls, provide the student the opportunity to authorize in writing the disclosure of certain private mental health information to a designated person (110 ILCS 74/10(a)).
- Prepare a form for that authorization with a space for the student to affirmatively authorize or decline the disclosure and to enter the designated person's contact information, and create a policy and supporting procedures so that every new student is given the opportunity to complete and submit it (110 ILCS 74/15).
- Where a physician, clinical psychologist or qualified examiner you employ determines that a student poses a clear danger to himself, herself or others, have that professional, as soon as practicable and in no more than 24 hours after the determination, attempt to contact the designated person and notify the designated person of the determination (110 ILCS 74/10(b)).
These lines are LexLint's reading of the law's text.
What this law does
A designated person is a parent, guardian or other person over the age of 18 whom the student designates to receive disclosure of certain private mental health information. An institution of higher learning in Illinois must, at or near the time an incoming student enrolls, provide the student the opportunity to authorize in writing the disclosure of certain private mental health information to a designated person.
The institution may disclose the student's mental information if a physician, clinical psychologist or qualified examiner employed by the institution determines that the student poses a clear danger to himself, herself or others. That professional must attempt to contact the designated person and give notice of the determination as soon as practicable and in no more than 24 hours after making it.
The institution must prepare a form on which the student can affirmatively authorize or decline the disclosure and enter the designated person's contact information, and must create a policy and supporting procedures so that every new student is given the opportunity to complete it.
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