State of Illinois
92nd General Assembly
Legislation

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92_SB1640

 
                                               LRB9214166WHtm

 1        AN ACT in relation to civil liabilities.

 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.  Confidentiality.
 9        (a)  All records and communications shall be confidential
10    and shall not be disclosed except as provided in this Act.
11        (b)  A therapist is not  required  to  but  may,  to  the
12    extent  he  determines  it  necessary  and  appropriate, keep
13    personal notes regarding a recipient.   Such  personal  notes
14    are  the  work product and personal property of the therapist
15    and shall not  be  subject  to  discovery  in  any  judicial,
16    administrative  or  legislative  proceeding or any proceeding
17    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.)

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