093_HB1827eng

 
HB1827 Engrossed                     LRB093 04716 WGH 04772 b

 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.)