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90_HB2654
740 ILCS 110/3 from Ch. 91 1/2, par. 803
Amends the Mental Health and Developmental Disabilities
Confidentiality Act. Makes a technical change in provisions
regarding records and communications.
LRB9009305SMdv
LRB9009305SMdv
1 AN ACT to amend the Mental Health and Developmental
2 Disabilities Confidentiality Act by changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Mental Health and Developmental
6 Disabilities Confidentiality Act is amended by changing
7 Section 3 as follows:
8 (740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
9 Sec. 3. (a) All records and communications shall be
10 confidential and shall not be disclosed except as provided in
11 this Act.
12 (b) A therapist is not required to but may, to the
13 extent he or she determines it necessary and appropriate,
14 keep personal notes regarding a recipient. Such personal
15 notes are the work product and personal property of the
16 therapist and shall not be subject to discovery in any
17 judicial, administrative or legislative proceeding or any
18 proceeding preliminary thereto.
19 (c) Psychological test material whose disclosure would
20 compromise the objectivity or fairness of the testing process
21 may not be disclosed to anyone including the subject of the
22 test and is not subject to disclosure in any administrative,
23 judicial or legislative proceeding. However, any recipient
24 who has been the subject of the psychological test shall have
25 the right to have all records relating to that test disclosed
26 to any psychologist designated by the recipient. Requests
27 for such disclosure shall be in writing and shall comply with
28 the requirements of subsection (b) of Section 5 of this Act.
29 (Source: P.A. 86-1417.)