99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0818

 

Introduced 2/5/2015, by Sen. Chris Nybo

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 110/3  from Ch. 91 1/2, par. 803

    Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that unless otherwise expressly provided for in the 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.


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A BILL FOR

 

SB0818LRB099 03861 HEP 23875 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Confidentiality Act is amended by changing
6Section 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
9confidential and shall not be disclosed except as provided in
10this Act. Unless otherwise expressly provided for in this Act,
11records and communications made or created in the course of
12providing mental health or developmental disabilities services
13shall be protected from disclosure regardless of whether the
14records and communications are made or created in the course of
15a therapeutic relationship.
16    (b) A therapist is not required to but may, to the extent
17he determines it necessary and appropriate, keep personal notes
18regarding a recipient. Such personal notes are the work product
19and personal property of the therapist and shall not be subject
20to discovery in any judicial, administrative or legislative
21proceeding or any proceeding preliminary thereto.
22    (c) Psychological test material whose disclosure would
23compromise the objectivity or fairness of the testing process

 

 

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1may not be disclosed to anyone including the subject of the
2test and is not subject to disclosure in any administrative,
3judicial or legislative proceeding. However, any recipient who
4has been the subject of the psychological test shall have the
5right to have all records relating to that test disclosed to
6any psychologist designated by the recipient. Requests for such
7disclosure shall be in writing and shall comply with the
8requirements of subsection (b) of Section 5 of this Act.
9(Source: P.A. 86-1417.)