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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1046 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
| | 740 ILCS 110/3 | from Ch. 91 1/2, par. 803 |
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Amends the Mental Health and Developmental Disabilities Confidentiality Act.
Makes a technical change in a Section concerning records and communications.
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| | A BILL FOR |
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| | HB1046 | | LRB102 03059 LNS 13072 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Mental Health and Developmental |
| 5 | | Disabilities Confidentiality Act is amended by changing |
| 6 | | Section 3 as follows:
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| 7 | | (740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
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| 8 | | Sec. 3.
(a) All records and
and communications shall be |
| 9 | | confidential and shall
not be disclosed except as provided in |
| 10 | | this Act. Unless otherwise expressly provided for in this Act, |
| 11 | | records and communications made or created in the course of |
| 12 | | providing mental health or developmental disabilities services |
| 13 | | shall be protected from disclosure regardless of whether the |
| 14 | | records and communications are made or created in the course |
| 15 | | of a therapeutic relationship. |
| 16 | | (b) A therapist is not required to but may, to the extent |
| 17 | | he determines
it necessary and appropriate, keep personal |
| 18 | | notes regarding a recipient.
Such personal notes are the work |
| 19 | | product and personal property of the therapist
and shall not |
| 20 | | be subject to discovery in any judicial, administrative or
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| 21 | | legislative proceeding or any proceeding preliminary thereto.
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| 22 | | (c) Psychological test material whose disclosure would |
| 23 | | compromise the
objectivity or fairness of the testing process |