Section 107.330  Release of Clinical Records to Committed Persons and Authorized Attorneys (Adult Division) – Court Agreement

a)         Definitions

1)         Committed Person – A person who is or has been in the custody of the Illinois Department of Corrections, Adult Division.

2)         Authorized Attorney – Any attorney authorized in writing by the committed person to inspect and copy his clinical records.

3)         Clinical Records – Any mental health record prepared by a therapist in the course of providing mental health services to a committed person, which is maintained by the Department of Corrections.  Clinical record does not include the therapist's personal notes, if such notes are kept in the therapist's sole possession for his or her own personal use and are not disclosed to any other person, except the therapist's supervisor, consulting therapist, or attorney.  If at any time such notes are otherwise disclosed, they shall be considered part of the committed person's record for purposes of this Section.  Clinical record does not include testing material used in the course of providing services if the disclosure of such material would compromise the objectivity or fairness of the testing process.

4)         Information not subject to inspection and copying by a committed person –  Information contained in clinical records, the disclosure of which a therapist certifies in writing is likely to result in physical harm to the committed person, other committed persons or Department employees, contractors, or volunteers.

5)         Therapist – A psychiatrist, physician, psychologist, counselor, social worker, or nurse providing mental health services.

6)         Mental Health Services – Psychiatric or psychological evaluation or treatment, or pharmaceuticals, or developmental disabilities programming.

b)         Rights of and Limitations on Record Access

1)         A committed person or authorized attorney may have access to and copy all clinical records contained in any file maintained by the Department of Corrections, provided:

A)        The committed person consents in writing to the access to and copying of such records by an authorized attorney; and

B)        Information not subject to access and copying by a committed person may be deleted from records otherwise available to a committed person in accordance with procedures established in this Section.  Information not subject to access and copying by a committed person shall be made available to an authorized attorney provided the attorney agrees in writing not to disclose that information to the committed person or any other person who may redisclose it to the committed person.

2)         All requests by the committed person and authorized attorneys to inspect or copy clinical records must be made in writing and must contain a release of the Department of Corrections and its employees from any liability to the committed person as a result of disclosure or dissemination of the records or the information contained therein, resulting from the access permitted to the authorized attorney or committed person.

3)         The Adult Division shall comply with all written requests for records:

A)        By promptly producing copies of records after either payment of copying costs by the committed person or authorized attorney or a waiver of costs by the Department.  Costs shall be waived upon a showing of the committed person's indigency.  The determination of indigency shall be made promptly by the officers to whom the written request is sent, in accordance with subsection (c)(1) of this Section; or

B)        By promptly making the requested records available for inspection.

c)         Processing of Requests for Record Access

1)         All written requests:

A)        With regard to the clinical records of committed persons currently committed to an Adult Division facility should be directed to the Chief Administrative Officer of the institution in which the person resides;

B)        With regard to the clinical records of committed persons on authorized absence from an Adult Division facility or transferred to an Illinois Department of Mental Health and Developmental Disabilities facility should be directed to the Chief Administrative Officer of the institution in which the person last resided;

C)        With regard to the clinical records of committed persons currently on parole should be directed to the Chief Administrative Officer of the institution from which the person is paroled; and

D)        With regard to the clinical records of persons formerly committed to the Adult Division should be directed to the supervisor of the microfilm center in Springfield.

2)         Upon receipt of the request for records, the records office supervisor, supervisor of the microfilm center, or a designee, shall either:

A)        Promptly make the records available for inspection by the committed person or authorized attorney; or

B)        Promptly forward copies of the records to the committed person or authorized attorney after payment or waiver of the costs.

3)         The author of the reports or, if the original author is unavailable, a qualified therapist, may examine all records requested.

A)        If the author or another therapist certifies in writing that the disclosure of information to a committed person is likely to result in physical harm to committed persons or other persons:

i)          The information may be deleted from the records disclosed to the committed person; and

ii)         The author's or therapist's certificate shall be attached to such records inspected and copied by all persons.

B)        If a document contains information certified to be likely to result in physical harm to the committed person or others, only the information so certified may be deleted from the records disclosed to the committed person.

4)         The Adult Division shall maintain a record in each committed person's file which indicates:

A)        The parties who have requested to inspect or copy clinical records; and

B)        The clinical records inspected or copied.

d)         Before this Section of the Subpart is modified, Department legal staff must be consulted.  This Section was promulgated pursuant to settlement of litigation by order of the court.  It may not be modified without approval of the court.

(Source:  Amended at 20 Ill. Reg. 6745, effective May 5, 1996)