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(735 ILCS 5/8-2002) (from Ch. 110, par. 8-2002)
Sec. 8-2002. Application.
(a) Part 20 of Article VIII of this
Act does not apply to the records of patients,
inmates, or persons being examined, observed or treated in any
institution, division, program or service now existing, or hereafter
acquired or created under the jurisdiction of the Department of Human
Services as successor to the Department of Mental Health and Developmental
Disabilities and the Department of
Alcoholism and Substance Abuse, or over which, in that capacity, the
Department of Human Services exercises
executive or administrative supervision.
(b) In the event of a conflict between the application of Part 20 of
Article VIII of this Act
and the Mental Health and Developmental Disabilities Confidentiality Act
or subsection (bb) of Section 30-5 of the
Substance Use Disorder Act
to a specific situation, the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act or subsection (bb) of
Section 30-5
of the Substance Use Disorder Act
shall control.
The provisions of federal law concerning the confidentiality of
alcohol and drug abuse patient records, as contained in Title 21 of the
United States Code, Section 1175; Title 42 of the United States Code,
Section 4582; 42 CFR Part 2; and any other regulations promulgated pursuant
thereto, all as now or hereafter amended, shall supersede all other laws
and regulations concerning such confidentiality, except where any such
otherwise applicable laws or regulations are more stringent, in which case
the most stringent shall apply.
(Source: P.A. 100-759, eff. 1-1-19.)
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