Student Optional Disclosure of Private Mental Health Information
Pursuant to Illinois’ Student Optional Disclosure of Private Mental Health Information Act, a student has the right to authorize the College, in writing, to disclose his or her private mental health information to a person of the student’s choosing.
Administrative Procedures for Compliance with the Illinois Student Optional Disclosure of Private Mental Health Information Act
In accordance with the Illinois Student Optional Disclosure of Private Mental Health Act (the “Act”, P.A. 99-278), a student’s mental health information is considered private in nature and will not be released to a third party without that student’s prior written consent, unless otherwise provided by other state or federal laws.
A student who desires to authorize disclosure of certain private mental health information about himself or herself to a designated person for purposes set out in the Act must complete a Student Optional Disclosure of Private Mental Health Information Form. This form must be submitted to the Manager of Access and Accommodations at the Office of Access and Accommodations. This form will remain valid until the student revokes his or her authorization by notifying the College in writing that he or she is withdrawing this authorization.
In the event that a qualified examiner, who is employed by the College in that capacity, determines that a student poses a clear danger to the student or others, the qualified examiner will immediately contact Manager or his or her designee to determine if that student has completed and provided the College with a Student Optional Disclosure of Private Mental Health Information form designating a person to whom the College is authorized to disclose this information.
If the student has filed a Student Optional Disclosure of Private Mental Health Information form, the qualified examiner shall, as soon as practicable but no more than 24 hours after making the determination described above, attempt to contact and notify the designated person that the qualified examiner has made a determination that the student poses a clear, imminent danger to themselves, or others. The College shall document any and all attempts of the qualified examiner to reach the designated person.
The Dean of Student Development shall periodically review whether the College employs a “qualified examiner” who is in a position to make the determinations provided for in the Act.
Finally, consistent with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its regulations at 34 CFR § 99.36 (“FERPA”), the College may, in situations where a health or safety emergency exists, disclose confidential personally identifiable information about a student without his or her consent, to any individuals the College reasonably determines to be in need of that information for public health and safety reasons, subject to the conditions and limitations set out in FERPA.
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