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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5286
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
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740 ILCS 110/3 |
from Ch. 91 1/2, par. 803 |
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Amends the Mental Health and Developmental Disabilities Confidentiality Act.
Makes a technical change in a Section concerning records and communications.
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A BILL FOR
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HB5286 |
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LRB093 17095 LCB 42761 b |
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| AN ACT in relation to civil liabilities.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental |
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| Disabilities Confidentiality
Act is amended by changing |
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| Section 3 as follows:
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| (740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
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| Sec. 3. (a) All records and communications shall be |
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| confidential and shall
not be disclosed except as provided in |
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| this Act.
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| (b) A therapist is not required to but may, to the extent |
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| he or she
determines
it necessary and appropriate, keep |
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| personal notes regarding a recipient.
Such personal notes are |
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| the work product and personal property of the therapist
and |
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| shall not be subject to discovery in any judicial, |
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| administrative or
legislative proceeding or any proceeding |
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| preliminary thereto.
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| (c) Psychological test material whose disclosure would |
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| compromise the
objectivity or fairness of the testing process |
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| may not be disclosed to
anyone including the subject of the |
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| test and is not subject to disclosure
in any administrative, |
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| judicial or legislative proceeding. However, any
recipient who |
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| has been the subject of the psychological test shall have the
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| right to have all records relating to that test disclosed to |
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| any
psychologist designated by the recipient. Requests for such |
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| disclosure
shall be in writing and shall comply with the |
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| requirements of subsection
(b) of Section 5 of this Act.
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| (Source: P.A. 86-1417.)
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