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92_HB0116 LRB9200860DJgc 1 AN ACT in relation to health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Mental Health and Developmental 5 Disabilities Confidentiality Act is amended by changing 6 Section 3 as follows: 7 (740 ILCS 110/3) (from Ch. 91 1/2, par. 803) 8 Sec. 3. (a) All records and communications shall be 9 confidential and shall not be disclosed except as provided in 10 this Act. 11 (b) A therapist is not required to but may, to the 12 extent he or she determines it necessary and appropriate, 13 keep personal notes regarding a recipient. Such personal 14 notes are the work product and personal property of the 15 therapist and shall not be subject to discovery in any 16 judicial, administrative or legislative proceeding or any 17 proceeding preliminary thereto. 18 (c) Psychological test material whose disclosure would 19 compromise the objectivity or fairness of the testing process 20 may not be disclosed to anyone including the subject of the 21 test and is not subject to disclosure in any administrative, 22 judicial or legislative proceeding. However, any recipient 23 who has been the subject of the psychological test shall have 24 the right to have all records relating to that test disclosed 25 to any psychologist designated by the recipient. Requests 26 for such disclosure shall be in writing and shall comply with 27 the requirements of subsection (b) of Section 5 of this Act. 28 (Source: P.A. 86-1417.)