(740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
Sec. 3.
(a) All records and communications shall be confidential and shall
not be disclosed except as provided in this Act. Unless otherwise expressly provided for in this Act, records and communications made or created in the course of providing mental health or developmental disabilities services shall be protected from disclosure regardless of whether the records and communications are made or created in the course of a therapeutic relationship.
As used in this subsection, "confidential" has the same meaning as in paragraph (3) of subsection (b) of Section 5 of the Court Record and Document Accessibility Act. (b) A therapist is not required to but may, to the extent he determines
it necessary and appropriate, keep personal notes regarding a recipient.
Such personal notes are the work product and personal property of the therapist
and shall not be subject to discovery in any judicial, administrative or
legislative proceeding or any proceeding preliminary thereto.
(c) Psychological test material whose disclosure would compromise the
objectivity or fairness of the testing process may not be disclosed to
anyone including the subject of the test and is not subject to disclosure
in any administrative, judicial or legislative proceeding. However, any
recipient who has been the subject of the psychological test shall have the
right to have all records relating to that test disclosed to any
psychologist designated by the recipient. Requests for such disclosure
shall be in writing and shall comply with the requirements of subsection
(b) of Section 5 of this Act.
(Source: P.A. 103-166, eff. 1-1-24.)
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