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91_HB1262
LRB9102402DJcd
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 determines it necessary and appropriate, keep
14 personal notes regarding a recipient. Such personal notes
15 are the work product and personal property of the therapist
16 and shall not be subject to discovery in any judicial,
17 administrative or legislative proceeding or any proceeding
18 preliminary thereto.
19 (c) Psychological test material may not be disclosed
20 without a court order based on a finding that there is clear
21 and convincing evidence to believe that the psychological
22 test instrument is inherently discriminatory on the basis of
23 race, color, religion, national origin, ancestry, age, sex,
24 marital status, handicap, military status, or unfavorable
25 discharge from military service, as those terms are defined
26 in Section 1-103 of the Illinois Human Rights Act. whose
27 disclosure would compromise the objectivity or fairness of
28 the testing process may not be disclosed to anyone including
29 the subject of the test and is not subject to disclosure in
30 any administrative, judicial or legislative proceeding.
31 However, any recipient who has been the subject of the
-2- LRB9102402DJcd
1 psychological test shall have the right to have all records
2 relating to that test disclosed to any psychologist
3 designated by the recipient. Requests for such disclosure
4 shall be in writing and shall comply with the requirements of
5 subsection (b) of Section 5 of this Act.
6 (Source: P.A. 86-1417.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.