ILLINOIS EAP CLIENTS
What Does Public Act 95-0564 Mean To Me?
On June 1, 2008, Illinois Public Act 95-0564 will take effect, modifying the Illinois Mental Health and Developmental Disabilities Act. It allows the US Secret Service and Illinois State police to inquire of "mental health facilities," public and private, if they have patients who are a danger to themselves or others. It requires that "qualified examiners" of patients report any such persons for the purpose of preventing them from legally acquiring firearms.
Imminent harm to self or another identifiable person has always been an exception to mental health confidentiality in Illinois, and it says so in our Privacy Practices. There are two things new that we have thus far identified in this Act.
To quote the Act, an exception to mental health confidentiality is created if a person,
"...whose mental condition is of such a nature that it is manifested by violent, suicidal, threatening, or assaultive behavior or reported behavior, for which there is a reasonable belief by a physician, clinical psychologist, or qualified examiner that the condition poses a clear and present or imminent danger to the patient, any other person or the community meaning the patient's condition poses a clear and present danger..."
The two changes we have identified are reporting to the State so they can help the FBI create a national database for firearm owner background checks and broadening the definition of imminent danger from a person to include the community.
As defined elsewhere in Illinois law, it is our impression that Dovetail EAP fits the broadest interpretation of a "private mental health facility" as defined by 405 ILCS 5/114, and all of our counselors, because they are experienced, masters level, and licensed, fit the definition of, "qualified examiners" as defined by 405 ILCS 5/122.
This is our first impression and we expect that guidelines and legal interpretations will be issued to clarify what our duties are. You should be aware that the basic "duty to warn" exception to confidentiality is not new and Federal laws have long forbidden legal gun sales to persons considered dangerous. If there are changes to our understanding, we will modify our Privacy Practices and post them here.
As a seasoned provider of services to law enforcement and people who use guns lawfully, we do not anticipate that Illinois Public Act 95-0564 will significantly influence how we practice because although we have provided services to over 10,000 people, Dovetail counselors have only once encountered a duty to warn situation requiring police contact. Otherwise, people we were concerned might be at risk agreed to be seen in an emergency room and if they were truly at risk, they were hospitalized. People who are a danger to themselves or others should not be in short term EAP counseling because they meet criteria for hospitalization.
To contact Dovetail, Inc., please call 888-275-3683. If you have any concerns about your privacy, please be assured that we take it seriously. Please contact Privacy Officer Evan Peterson at 888-275-3683 with any questions.
