State of Illinois
91st General Assembly
Legislation

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91_HB1262eng

 
HB1262 Engrossed                               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
 
HB1262 Engrossed            -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.

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